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1. MOJ0058 Disputes Tribunal booklet JAN23 [pdf, 428 KB]

   ...the top of the form. To make a counterclaim, you use the same form as for making a claim, the Disputes Tribunal claim form (as described earlier in this brochure). Once we get your counterclaim, we will tell the other parties that it has been filed. Do you have insurance that may cover the claim? Your insurance company can take part in the hearing if it has paid you for the loss or damage, or if it might have to pay. If a claim is made against you and you think you can claim insur...

2. [2023] NZEmpC 47 Farrand Orchards Ltd v Tane [pdf, 251 KB]

   ...“3-month temp trial”. He says he cannot recall the exact words used. The words might have been to the effect of a “review” or a “trial”. He said this reference to the period stuck in his mind. [14] A range of other affidavits have been filed by FOL to support the proposition that this event took place on the evening of 31 March 2019. [15] Mr Tane filed an affidavit in response. After describing his transfer of effects from Auckland to Kerikeri over the weekend in...

3. [2022] NZACC 106 - Easthope v ACC (2 June 2022) [pdf, 186 KB]

   ...a game of rugby league. The diagnosis which the Corporation has recorded as being caused by the accident is “dislocation of shoulder (including clavicle/blade) horizontal – side left”. [6] The Corporation does not have the original claim file, so it is unclear what if any treatment was provided. However, in 2011, the claim became active again, when a request was lodged for surgery to treat arthritis in his left shoulder. [7] The Corporation initially declined the request fo...

4. UO & NO v HS Ltd & JI & HM [2021] NZDT 1587 (21 July 2021) [pdf, 270 KB]

   ...there was an implied building warranty for the building work that was done, including for the new house. 8. I am satisfied that there is implied warranty under the Building Act 2004, and that UO as the subsequent owner of the property, is able to file a claim against the respondents for breach of the implied warranty. Does the Consumer Guarantees Act apply? 9. Under the Building Act 2004, sections 362H to 362K provide for implied warranties and remedies for breach of the war...

5. LCRO 173/2020 AZ v BX and CX (1 November 2021) [pdf, 178 KB]

   ...copies of the documents and correspondence provided with the complaint give the detail of events from inception of the loans, to the sale of the nominee company mortgage. [15] There is no complaint form on the copy of the Standards Committee file provided to this Office, and consequently the outcome sought by Mr and Mrs BX is unknown. The Standards Committee determination [16] The issues identified by the Committee to be addressed were whether:1 a. Mr AZ breached any fiduciary...

6. KI & GI v Q Ltd [2023] NZDT 152 (3 July 2023) [pdf, 226 KB]

   ...of the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 working days if you have...

7. [2024] NZEmpC 48 Ugone v Star Moving Ltd [pdf, 228 KB]

   ...Pietras on that subject. [10] Once that issue was addressed, I took the unusual step of issuing a minute and directing it to be served on the defendants drawing to their attention the seriousness of this proceeding. They instructed counsel and Ms Oh filed an address for service and an appearance on their behalf. No issue arises today about the delay in the defendants’ response or the absence of statements of defence. In any event, the positions of the parties is apparent from s...

8. BE v D Ltd & DO Ltd [2024] NZDT 230 (25 March 2024) [pdf, 212 KB]

   ...of the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 working days if you have...

9. [2023] NZEnvC 258 Kaiuma Farm Limited v Queenstown Lakes District Council [pdf, 236 KB]

   ..._______________________________________________________________ A: Under s285 RMA,1 Marberry Estate Limited is ordered to pay $20,900 to Kaiuma Farm Limited as a contribution towards its costs in this proceeding. B: Under s286 RMA, this order may be filed in the District Court at Wellington for enforcement purposes (if necessary). REASONS Introduction [1] On 21 December 2021, the court made interim enforcement orders under ss 279(1)(b) and 320 RMA against Marberry Estate Limited...

10. OD v TD [2023] NZDT 535 (25 October 2023) [pdf, 205 KB]

    ...of the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 working days if you have...