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1. HI v UD [2023] NZDT 359 (4 April 2023) [pdf, 201 KB]

   ...may have destabilised it. (d) HI provided one page of an EQC report on the slip which noted that the land on which the house sits is “cut and fill” from the construction of the road, and the road above is also on a “cut and fill” platform. The bank is therefore not a natural structure. This factor sets the case apart from the case law cited, as there would be additional considerations about liability for land where a slip has occurred from a man-made bank, rather than a na...

2. ES v LQ & TQ [2023] NZDT 79 (16 March 2023) [pdf, 213 KB]

   ...temporary repair. If so, the extent of the affected cladding and the reasonable cost to repair? 10. The law of contract applies. Parties to a contract are bound by express terms and implied terms. Express terms are those that are stated prior to formation of the contract. Implied terms are those that are obvious and go without saying. 11. I am satisfied that a small part of the cladding had not been properly fixed to the tiny home and required replacing. TQ has taken responsibility...

3. Te Manutukutuku Issue 31 [pdf, 5.3 MB]

   ...areas of justice, education, health, broadcasting, youth programmes sport and recreation. He has also been associated with iwi business and man­ agement developments. His ties with the Tribunal stretch back to its genesis. He was secretary to former Maori MP Matiu Rata who was responsi­ ble for the idea of establishing a body to investigate Maori claims. "For me the issues still are education, communication and employment_" "For me the issues still are edu...

4. MK & NK v B Ltd [2023] NZDT 687 (21 December 2023) [pdf, 111 KB]

   ...pass those on to his tenants in plenty of time. 10. NK denies that he was ever told that the building would need to be vacant and points out that it is not written on the quotation nor is there any evidence of such a requirement in writing in any form — some of the communication between the parties was by phone and some was by email — I accept that none of the email communication makes reference to the building needing to be empty while work is proceeding. One of his tenants has wri...

5. EC & KC v CT & ZR [2022] NZDT 190 (17 October 2022) [pdf, 199 KB]

   ...settlement and after 2 contractors had intervened. 30. Accordingly, the Tribunal finds that the claim has not been proven and must be dismissed. Referee: L. Mueller Date: 17 October 2022 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply...

6. NB v NF Ltd [2022] NZDT 143 (11 August 2022) [pdf, 135 KB]

   ...to might be unfair on one party. 16. This means that NB has not established her claim for a refund of the deposit paid and her claim is dismissed. Referee: R Merrett Date: 11 August 2022 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe...

7. EQ v ND Ltd & DQ [2023] NZDT 9 (5 April 2023) [pdf, 98 KB]

   ...contracted the Tribunal and again requested an adjournment on the basis that he was out of country and not reachable over the phone as he was in a remote area and the phone and internet is very limited. An adjournment was not granted. The Tribunal informed DQ that the hearing would proceed. [5] Whereas DQ advised that he made the latest adjournment request a week prior to his travel asking that the hearing be adjourned till 2023, the evidence is clear that DQ left the county knowing that...

8. LCRO 135/2024 FA v TK and GY (25 March 2025) [pdf, 184 KB]

   ...sister] did earlier and was awarded compensation (High Court orders 1h and 1gii) I will submit a log of the hours of work to carry out maintenance and market the property”. [10] The second respondent asked her to confirm that the work had been requested by the listing agent under to cl 2(d) of the Order or agreed by the sisters under cl 2(j). [11] In an initial email to all the sisters, the first respondent set out the expense details and the terms of the Order and then recorded h...

9. DX v KD & I Ltd [2025] NZDT 77 (19 February 2025) [pdf, 207 KB]

   ...loss has been suffered. Findings Contract 9. I find a binding contract was entered into by the parties. 10. DX argues there was no sale and purchase agreement entered into, just an invoice rendered. However, in New Zealand, the only forms of contract that are required to be in writing and signed are contracts for the sale and purchase of an interest in land and contracts of guarantee. The agreement reached between DX and I Ltd was for the sale and purchase of a chattel being...

10. L Ltd v UT [2022] NZDT 266 (16 December 2022) [pdf, 167 KB]

    ...pay the sum of $850.00 to L Ltd on or before Monday 16 January 2023. Reasons: 1. On 1 August 2022, UT (the customer) signed a six-month Membership Agreement with L Ltd (the gym). The membership fee was $170.00 per month. The customer signed a form to pay by direct debit, but the account number provided was incorrect. The gym claims that no payment has ever been received, and the customer has neither attended the gym nor cancelled her membership. 2. The gym now claims $935.00, intend...