Search Results

1. IQ v KM & MR [2024] NZDT 291 (9 May 2024) [pdf, 227 KB]

   ...sees fit. Enforcement of Tribunal Decisions If the Order or Agreed Settlement is not complied with, you can apply to the Collections Unit of the District Court to have the order enforced. Application forms and information about the different civil enforcement options are available on the Ministry of Justice’s civil debt page: http://www.justice.govt.nz/fines/about-civil-debt/collect-civil-debt For Civil Enforcement enquiries, please phone 0800 233 222. Help and Further Informa...

2. EC v UU [2025] NZDT 43 (1 April 2025) [pdf, 178 KB]

   ...to accept the applicant did not have his headlights on, and of course this is possible, then I have considered what if any contribution this could have made. The parties agree the collision happened at dawn. The sun rose at 6.48 that day meaning civil twilight would have occurred between CI0301_CIV_DCDT_Order Page 2 of 3 6.20 and 6.46 am. During civil twilight there is generally sufficient natural light for most outdoor activities without additional lighting. This combined with a v...

3. GU & OG v T Ltd [2024] NZDT 4 (5 January 2024) [pdf, 195 KB]

   ...issues to determine are as follows: a) Are the cabinet doors of acceptable quality? b) Are they fit for purpose? c) Was there a reasonable opportunity to remedy? d) Are GU and OG entitled to all or any of the $4,000 that is claimed? 4. In a civil claim such as this, the burden of proof is on the applicant to prove their claims on a balance of probabilities. Although I have reviewed all the parties’ evidence and submissions, I have only referenced what I find necessary to give...

4. BU v CU [2023] NZDT 639 (22 November 2023) [pdf, 186 KB]

   ...cause of the accident. 12. That would certainly be the case if BU’s description of the circumstances of the accident is proven. 13. The burden of proof is with B Ltd / BU. The standard of proof that applies in the Disputes Tribunal is the civil standard of “more likely than not” or “on the balance of probabilities”. 14. I do not have any independent eye-witness evidence about the circumstances of the accident. NL submitted that B Ltd attempted to recover the CCTV ca...

5. SG v UT [2023] NZDT 78 (1 March 2023) [pdf, 96 KB]

   ...“chainsaw up the branches of a tree once felled,” d) compensation of $2,000.00 for “irreparable damage” to the applicant’s property and e) compensation of $2,000.00 for “distress.” 3) The relevant law is the law as to the tort, or civil wrong, of trespass. The issues to be determined by the Tribunal are: a) Is the respondent liable for the actions alleged by the applicant in her claim? b) If so, what would be a reasonable sum to award the applicant as compensation?...

6. DT v X Ltd [2023] NZDT 330 (31 July 2023) [pdf, 129 KB]

   ...building work in terms of the Building Act 2004 and so the claim is out of time because the building work happened more than 10 years before the claim was filed. 4. S. 393(2) of the Building Act 2004 states that no relief may be granted in respect of civil proceedings relating to building work if those proceedings are brought against a person after 10 years or more from the date of the act or omission on which the proceedings are based. 5. The parties agree that the french doors w...

7. T Ltd v WE [2024] NZDT 705 (13 September 2024) [pdf, 98 KB]

   ...stress and harassment for most contractual situations. Further compensation for reputational damage is not within the Tribunal’s jurisdiction to consider. 7. I have not addressed WE’s submissions in detail because the burden of proof in any civil claim lies with the applicant. T Ltd must prove its contentions on the balance of probabilities, and as I CI0301_CIV_DCDT_Order Page 2 of 3 indicated at the hearing, there appears to be no tangible evidence to support T Ltd’s v...

8. DI v H Ltd [2024] NZDT 684 (11 September 2024) [pdf, 185 KB]

   ...unreasonable for [the type of car]. Conclusion 10. For completeness, I record that I have been unable to find that H Limited had offered DI a 90 day warranty on the vehicle. As the person alleging this, the onus is on DI to prove this to the civil standard of proof, which is ‘on the balance of probabilities’ (meaning something is more likely than not or something more than 50/50). DI said H Limited had offered a warranty, H Limited said that it did not. I have been unable to...

9. HM v B Ltd [2021] NZDT 1553 (3 August 2021) [pdf, 238 KB]

   ...is HM entitled to a remedy and is the amount claimed proved and reasonable? Did B Ltd owe HM a duty to take reasonable care to avoid the Trailer causing damage to the Ford? 7. The relevant law is the law of negligence in tort (a tort being a civil wrong). Negligence concerns the legal duties that one person owes to another to take care. A party claiming that another party negligently caused damage to his or her property has the onus of proving on the balance of probabilities (that i...

10. NQ v OW Ltd [2021] NZDT 1604 (28 June 2021) [pdf, 237 KB]

    ...sees fit. Enforcement of Tribunal Decisions If the Order or Agreed Settlement is not complied with, you can apply to the Collections Unit of the District Court to have the order enforced. Application forms and information about the different civil enforcement options are available on the Ministry of Justice’s civil debt page: http://www.justice.govt.nz/fines/about-civil-debt/collect-civil-debt For Civil Enforcement enquiries, please phone 0800 233 222. Help and Further Informa...