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1. BO & UO v KQ & Ors [2024] NZDT 149 (12 April 2024) [pdf, 193 KB]

   ...$5,500.00. After discussing this at the hearing, J reduced its claim to $5,500.00. For these reasons I find the amount of $5,500.00 is fair and reasonable. Referee: C Murphy Date: 12 April 2024 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 for a...

2. GT & AI v F Ltd [2023] NZDT 537 (2 October 2023) [pdf, 97 KB]

   ...land clearance, mulching, grassing or removal of soil. Was it an express or implied term of contract that the section would be mulched and grassed? 7. An express term of contract is one that has been stated before or at the time the contract is formed. An implied term is one that is so obvious it goes without saying. 8. There is no express term in the Sale and Purchase Agreement which requires the vendor to mulch and grass the section. 9. I find no implied term of contract tha...

3. TE v CH [2024] NZDT 571 (3 July 2024) [pdf, 178 KB]

   ...agreement with TE that it would be responsible for the contractors? Did H Ltd have a contractual agreement with TE that it would be responsible for the contractors? 5. The relevant law is the Contract and Commercial Law Act 2017. A contract is formed when parties agree on the terms and conditions under which goods or services will be provided. For a contract to be enforceable it need not be in writing, however there must be agreed terms, consideration, and an intention to create leg...

4. J Ltd v Q Ltd [2025] NZDT 155 (28 April 2025) [pdf, 173 KB]

   ...for a set fee of $95.00 fee. Instead, it warns the driver that they must not to park in the space. It is intended as a disincentive to unauthorised use of the parking space and is therefore the opposite of an offer. Therefore, no contract has been formed. 9. In any event, the car was not driven by a representative of J Ltd. Therefore, even if a contract could have been formed, J Ltd would not have been a party to the contract and could not have breached the contract. In conclusion, the c...

5. CL v NV [2024] NZDT 123 (31 January 2024) [pdf, 196 KB]

   ...description of the collision and the cost claimed for repair is reasonable given the repairs carried out and the nature of the damage. Referee: Hannan DTR Date: 31 January 2024 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 reh...

6. HU Ltd v HO [2024] NZDT 19 (31 January 2024) [pdf, 106 KB]

   ...tradespeople from Monday to Friday at a special rate. In this case, HO had asked for accommodation for “a night or two”, the first night being a Monday. After he had stayed three nights, BX sent him a message, asking him about his intentions and informing him that the hotel was fully booked over the coming weekend, which was Labour Weekend. HO had apparently wished, or expected, to be able to stay on during that weekend. The hotel had only seven rooms, and she had helped him to find ac...

7. T Ltd v BE [2024] NZDT 78 (17 January 2024) [pdf, 96 KB]

   ...service at T Ltd’s cost for her home office. 3. T Ltd discovered in 2017 that it was paying a direct debit for a [internet provider] internet connection. TQ said he believed at this time it was likely this was for his father, who by now was also a former director and shareholder of the company. It appears TQ encountered significant difficulties in dealing with [internet provider] because the account/connection was not in the name of the company or in his name. 4. TQ described o...

8. KOK Ltd v MXL Ltd [2020] NZDT 1503 (31 August 2020) [pdf, 127 KB]

   ...Does MXL owe the cleaning and remedial costs? 23. The terms of the Lease are incorporated in the UO/MXL assignment. Under clause 4 of the second schedule of the UO/MXL assignment, the assignee (MXL) agrees with the landlord (KOK) that it will perform all the provisions of the Lease for the date of the assignment. 24. Clause 8.1 of the Lease requires the sub tenant (MXL) to maintain and keep maintained the interior of the premises and at the end of the lease leave the premises in the...

9. JD v Accident Compensation Corporation (Mental Injury) [2023] NZACC 87 [pdf, 266 KB]

   ...31 October 2018, and referred to the injuries in the accident of 30 March 2018. The medical certificate advised: Complex case overlapping with sensitive claim issues – both contributing to inability to work at the present time. Case Manager requesting ARC18 certificate for concussion to compliment those issued for S. claim as both conditions are playing a part. [25] On 11 October 2018, the Corporation wrote to the appellant advising that it would investigate an entitlement to...

10. Rendell v Attorney-General [2024] NZHRRT 7 [pdf, 238 KB]

    ...DECISION OF TRIBUNAL1 1 This decision is to be cited as Rendell v Attorney-General [2024] NZHRRT 7. Note publication restrictions. IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2024] NZHRRT 7 I TE TARAIPIUNARA MANA TANGATA 2 [1] Mr Rendell made an information privacy request to the Police under the Privacy Act 1993 (the Act).2 The request stems from dealings he had with the New Zealand Police (Police) which resulted in a conviction for dangerous driving in 2018. [2] The Police re...