Search Results

1. Hayward v Barnardos NZ Inc (Jurisdiction) [2022] NZHRRT 22 [pdf, 142 KB]

   ...the extent that your concerns were requests for correction of information about you, Barnardos’ decision to attach your comments to the file would comply with its obligations under the Privacy Act. An agency does not have to make changes you have requested if it is satisfied the information is accurate, or an accurate record of its actions at the time. [2] In her reply to the Privacy Commissioner, also dated 21 April 2021, Ms Hayward made comments about various of Barnardos’ Informa...

2. D Ltd v P Ltd [2023] NZDT 569 (3 November 2023) [pdf, 195 KB]

   ...out investigations and reporting in accordance with the requirements of the Heritage New Zealand Pouhere Taonga Act 2014. 3. The property was subsequently purchased by P Ltd, part of the DC group of companies. DC signed a transfer of authority form (required under the Heritage New Zealand Pouhere Taonga Act) in September 2021 and D Ltd’s work continued. 4. Five of D Ltd’s invoices from August 2021 to October 2022 were paid, and two invoices totalling $19,429.26 remain unpaid....

3. NF v EN [2024] NZDT 165 (26 February 2024) [pdf, 186 KB]

   ...nuisance or an annoyance to EN in breach of clause 7 of the lease. 13. NF accepted she had parked on the common driveway blocking EN’s entrance to her driveway. She said she did that on the day that EN first put pots on her paving stones, which form part of the area of exclusive use around EN’s flat. She said she did not threaten her but asked her to move the pots so that she could reverse into her garage. 14. NF said she now understood the planter boxes to be on the area of ex...

4. Trustees Executors Ltd as trustee for the Simpson Family Trust v Wellington City Council [pdf, 124 KB]

   ...[44] The Simpsons say that the windows leaked and G R W attended to those leaks. The Simpsons say that the repairs were temporary, though they did not realise it at the time. [45] On 21 June 1995 the Simpsons showed on a house maintenance form that there were leaks in the storeroom, rumpus room, French doors and under the French doors onto a small deck into the lounge. [46] Mrs O’Callaghan’s maintenance list of 11 July 1995 refers to leaks in the arcade roof, in the pla...

5. ND & OD v MF [2024] NZDT 32 (2 February 2024) [pdf, 206 KB]

   ...more likely than not). If a respondent raises a defence to a claim, that defence must also be proved to the same standard of proof. When assessing whether the onus of proof has been discharged by a party, the Tribunal considers and evaluates the information and evidence presented by the parties in a neutral manner, and is also required to take into account the substantial merits and justice (s18(6) of the Disputes Tribunal Act 1988). 8. I would like to reassure the parties that all inf...

6. OH Ltd v NI Ltd [2020] NZDT 1320 (30 September 2020) [pdf, 194 KB]

   ...of $3,087.15 for maintenance costs incurred after May 2020, plus the cost of removing the doors ($3,796.15). NI paid for the maintenance costs, which left only the removal costs in dispute. 4. The issues to be resolved are: (a) Which documents formed part of the contract between OH and NI? (b) In what circumstances was OH entitled under that contract to claim removal costs? (c) Are removal costs recoverable? Which documents formed part of the contract between OH and NI? 5. Th...

7. FO v SQ [2025] NZDT 19 (17 January 2025) [pdf, 128 KB]

   ...have to consider are: a. Was there a contract between the parties? b. If so, has it been breached by SQ? c. If so, what remedy is appropriate? Was there a contract between the parties? 6. The relevant law is contract law. A contract is formed when there is an agreement between the parties, or where there is a meeting of the minds between them. What was agreed is looked at objectively, which means by looking at what was said and done. 7. I find a contract was formed when...

8. TX v SM [2021] NZDT 1574 (5 August 2021) [pdf, 167 KB]

   ...he says they were when they were sold as they had been vet-checked. No evidence has been presented from that time that would contradict the statements made by SM in relation to the condition of T and the mother at the time the contract to buy T was formed. 9. Some statements that TX contends were false, were made after T developed problems at 6 months old, well after his purchase, such as SM's statement that they were the first to have a puppy with problems - while this seems to...

9. YM v F Ltd [2024] NZDT 64 (20 February 2024) [pdf, 223 KB]

   ...provided hourly rates and gave an estimate of costs for the work of between $6000-$10,000.00. YM paid a deposit of $3000.00 as per the agreement. 3. YM’s solicitor sent around 130 files to F Ltd (NP says they totalled about 2000 pages of financial information) and work proceeded. F Ltd invoiced on a monthly basis so sent the first invoice, for $4976.68 (after discount), to YM on 21 February 2022. YM was shocked by the cost, so terminated the work on 25 February. On 22 February she...

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

    ...be done. Issues with the drainage 31. Mr N addressed the issues with the driveway drain channel, it was installed without any drainage being connected. In some parts there is concrete in the channel. As a result, when it rained, water pools form beside the house and do not drain properly. 32. UO acknowledged some of the minor issues were fixed by HS, but the significant issues in relation to the roof, cladding, bathroom and shower, windows and drainage still needed to be repai...