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1. HX v NM [2022] NZDT 206 (25 November 2022) [pdf, 98 KB]

   ...was created as a result of a subdivision undertaken by HX. 2. NM purchased the newly subdivided site and engaged a construction company to build a new house. During the course of construction, HX alleges that heavy trucks caused damage in the form of cracks to the approximately 50-year old driveway. He also contends that water pipes were broken twice by NM’s contractors, leading to excessive water bills. 3. HX claims $5,612.95; being $1,550.00 for losses relating to high water bil...

2. CB v UH Ltd [2022] NZDT 150 (26 August 2022) [pdf, 183 KB]

   ...a hazard only once it was cracked due to the encroaching trees, as it had been well maintained over the years with reasonably regular painting to ensure no exposure of the substrate to UV light, which causes the deterioration that enables particle formation and consequently the risk of asbestosis to anyone who inhales. 8. Nevertheless, CB cannot recover the full replacement cost of the shed because there is an element of betterment. His original shed was built in 2002, though CB’s evide...

3. EM & TM v FW [2024] NZDT 575 (10 July 2024) [pdf, 196 KB]

   ...RESPONDENT FW The Tribunal orders: FW is to pay EM and TM the sum of $21,449.22 on or before 31 July 2024. Reasons: 1. EM and TM purchased a house from FW. The parties agreed that a large spa pool present at the property was to form part of the purchase. 2. When EM and TM moved into the house they filled the spa pool up with water and then turned on the spa in an attempt to heat the water. After around an hour the lights in the house flickered, and then the electric...

4. Butcher v NZ Transport Agency [2022] NZHRRT 21 [pdf, 586 KB]

   ...2 OVERVIEW [1] Mr Butcher is a Christian of orthodox beliefs. He lives in a rural location in the Wairarapa where public transport options are limited. Although he drives, he does not have a current licence because he believes the prescribed form of the current photo driver licence, which requires a digitised photograph, a digitised signature, and a bar code, to be the “mark of the beast”. [2] Mr Butcher claimed that the requirement for him to hold a licence in a form which i...

5. OIA-104489.pdf [pdf, 2.3 MB]

   Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 ContactUs@justice.govt.nz | www.justice.govt.nz Our ref: OIA 104489 15 June 2023 Tēnā koe Your request for official information Thank you for your email of 9 May 2023, requesting, under the Official Information Act 1982 (the Act), information regarding the publication of Disputes Tribunal (the Tribunal) decisions. Specifically, you have requested: Any cabinet papers, reports to mini...

6. [2021] NZACC 184 - Robinson v ACC (16 November 2021) [pdf, 192 KB]

   ...suspension decision was upheld. No appeal has been lodged in respect of that decision. [12] Mr Robinson has cover for a right shoulder injury for which he had ACC funded surgery performed by Mr Brick in 2010. [13] On 13 April 2017, Mr Brick requested funding for further surgery to remove a screw that he had implanted during the previous surgery. [14] On 27 June 2017, the Corporation issued a treatment injury decision approving cover for “right shoulder localised irrit...

7. JL v N Ltd [2022] NZDT 76 (17 June 2022) [pdf, 157 KB]

   ...under this section of the Building Act, a problem or issue raised in the required timeframe is presumed to be a ‘defect’ unless the building contractor or the on-seller/developer prove otherwise. 8. D for N Ltd has provided evidence in the form of vehicle crossing requirements and crossing approvals as well as photographs of all the laying out, to show that the entire job of preparing and laying the driveway and paths was done at the same time as the vehicle crossing. He contends...

8. BS v O Ltd [2023] NZDT 168 (3 July 2023) [pdf, 101 KB]

   ...BS paid for the timber to be picked up and set up in the shed in 2019 it is a reasonable inference that he expected to pay for its removal from the shed. 21. For these reasons I am satisfied that BS should pay the fee for the removal of his plank form the shed for which he was invoiced $100 before gst. CI0301_CIV_DCDT_Order Page 3 of 4 22. Because I have found that there was a quasi-contractual relationship between the parties for the storage of the plank, I am satisfied that...

9. ND v BT [2024] NZDT 830 (22 October 2024) [pdf, 200 KB]

   ...pay more than the sum claimed in order to have that work completed, ND’s claim cannot succeed. Referee: C Hawes Date: 22 October 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 re...

10. RC v LUD Group Ltd [2021] NZDT 1380 (20 April 2021) [pdf, 215 KB]

    ...Contract and Commercial Law Act 2017 – Frustrated Contracts a) Were there any clauses in the contract that were intended to have effect in the circumstances (worldwide Covid pandemic). b) What expenses were incurred by LUD for the purpose of performing the contract? Fair Trading Act 1986 c) Did LUD mislead or deceive RC? d) If so, what loss did this cause to RC? CI0301_CIV_DCDT_Order Page 2 of 5 Were there any clauses in the contract that were intended to have effect i...