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1. Hepburn [pdf, 89 KB]

   ...claimants submit the chief executive erred in deciding that the dwelling was built by early April 2000 as the Code Compliance Certificate (CCC) was not issued until 30 May 2000. In particular they submit that the advice of completion of building work forms were not filed by the owner or builder and therefore the last building work date cannot fairly or accurately be determined from the last property inspection report filed with the Council on 31 March 2000. They also submit that t...

2. IHC NZ v Ministry of Education (Non-Party Access) [2013] NZHRRT 2 [pdf, 72 KB]

   ...Defendants Ms M Chen for Chen Palmer, a Law Firm DATE OF DECISION: 31 January 2013 DECISION OF TRIBUNAL GRANTING NON-PARTY ACCESS TO STATEMENT OF CLAIM AND STATEMENT OF REPLY History [1] On 15 November 2012 Chen Palmer, a Law Firm, requested copies of the statement of claim and statement of reply held on the Tribunal’s file. The Chairperson’s Minute 2 dated 23 November 2012 gave a preliminary indication of the legal framework within which that application was...

3. Manchester Securities Limited v Auckland Council [2016] NZWHT Auckland 1 [pdf, 341 KB]

   ...2 [1] The level 12 penthouse apartments at 196 Hobson Street were leaky. The owner, Manchester Securities Limited, (Manchester) has sued Auckland Council for the cost of repairs. Manchester claims as an assignee of the former owner, Sage Securities Limited (Sage), and, in the alternative, in its own right. Robert Cummins is the sole director of Manchester. Mr Cummins worked as a property consultant for Sage prior to Manchester’s purchase of level 12.

4. LCRO 126/2023 EG v HJ (28 November 2023) [pdf, 283 KB]

   ...available if the Review Officer considers that the review can be 9 adequately determined in the absence of the parties. This is commonly referred to as a hearing “on the papers”. [45] After undertaking a preliminary appraisal of the file, I formed the provisional view that the review could properly be conducted on the papers. The parties were given the opportunity to comment on that proposal. The respondent was content with the matter being dealt with on the papers. The...

5. Tucker & Ors as Trustees of the Ngahere Trust v Tucker [pdf, 256 KB]

   ...LIMITED) [61] The Fourth respondent denies liability for any damage to the owners’ dwelling caused by water penetration which it submits has occurred through the gap between the curved head flashings and the aluminium joinery, through the joint formed at the junction of the Insulclad and the block wall in the rumpus room, and through a failure in the joint between the sill of the bifold doors in the living room and the tiled deck over the garage below. [62] PSL claims t...

6. B Ltd v DT [2023] NZDT 741 (22 December 2023) [pdf, 175 KB]

   ...or an inherent defect of the vehicle? (iii) If there is a breach of contract then what loss has B Ltd suffered? Was there a contract between DT and B Ltd Ltd? 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. 6. DT claims that the contract for the courtesy car was between her ex-husband TI and B Ltd as it was him and not her who ‘picked up’ th...

7. D Ltd v IB [2024] NZDT 560 (26 July 2024) [pdf, 94 KB]

   ...a. Is IB entitled to cancel the contract and not pay for services? b. If not, is the amount claimed reasonable? Is IB entitled to cancel the contract and not pay for services? 3. When two parties exchange something of value a contract is formed. In order to be bound by a contract, both parties must be certain about the essential terms of the contract. In this case the terms of the contract are in a written document titled “Valuation Agreement” dated 31 May 2022 and signed by...

8. BB v U Ltd [2024] NZDT 183 (27 March 2024) [pdf, 91 KB]

   ...contribute to the costs. I therefore find U Ltd not liable to contribute towards the cost of the fence. 9. In view of the above, the claim must be dismissed. Referee: DTR Edwards Date: 27 March 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...

9. TO & TA v MB [2023] NZDT 232 (5 May 2023) [pdf, 106 KB]

   ...to the failure to provide a hotel room. 10. For these reasons MB is to pay TO the sum of $2,779.54, and TA the sum of $640.00, by the date stated in the order. Referee: K Rendall Date: 5 May 2023 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...

10. OH v LT [2024] NZDT 298 (24 April 2024) [pdf, 91 KB]

    ...balance of probabilities that the respondent’s actions caused the collision and therefore the application must be dismissed. Referee: Hannan DTR Date: 24 April 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...