Search Results

1. 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...

2. A v Van Wijk (Access to File) [2019] NZHRRT 12 [pdf, 100 KB]

   ...harassment provisions of s 62(1) of the Human Rights Act 1993. She alleges that when providing her with pastoral care and counselling, the first defendant subjected her to language and physical behaviour of a sexual nature and that he made ongoing requests for sexual activity. [2] In these proceedings Mr Van Wijk is self-represented while the second and third defendants (alleged to be vicariously liable for the actions of Mr Van Wijk pursuant to s 68 of the Act) have filed a joint defe...

3. 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...

4. [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...

5. 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...

6. 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...

7. 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...

8. Waitangi Tribunal - issue 52 of Te Manutukutuku [pdf, 348 KB]

   ...“process had replaced protest”. The Waiheke settle- ment was another return of land follow- ing the Waiheke Report in 1987. Mäori Agencies Established The 1980s saw the establishment of two core Mäori agencies. The Mäori Language Commission was formed after the release of the Te Reo Report of 1986. This report provided impetus for a number of initia- tives to strengthen the Mäori language including passage of the Mäori Language Act 1987 that established Mäori as an offi-...

9. HM v BTO Ltd [2020] NZDT 1385 (4 May 2020) [pdf, 248 KB]

   ...wasn’t. Most consumers are lay people who would not be privy to chemical and physical elements of materials. 15. In any event even if it was covered with a tarpaulin the whole time, the wood could still be affected by moisture with condensation forming under a tarpaulin. Ideally the wood should be kept in a dry shed for example. Again, there is nothing in the instructions. CI0301_CIV_DCDT_Order Page 3 of 4 16. MN could not assemble the tub. That was not his fault. The instr...

10. IN v BI [2023] NZDT 345 (18 July 2023) [pdf, 201 KB]

    ...ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 345 APPLICANT IN RESPONDENT BI The Tribunal orders: The claim is dismissed. Reasons 1. In October 2022 IN and BI decided to register and produce a dance performance for the [the festival], which was to take place in [redacted]. No formal agreement was made, rather they started the process together as co-choreographers, (developing the piece under IN’s trading name ‘[G Ltd]’) and obtained a gr...