Search Results

1. BS & NS v DL [2023] NZDT 50 (9 February 2023) [pdf, 183 KB]

   ...$2,676.22 for the vet treatment and travel costs. 13. The claim for the filing fee is dismissed and the claim for NS’s medical expenses is struck out. Referee: Sara Grayson Date: 9 February 2023 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...

2. BN & HH v KT & BB [2023] NZDT 402 (23 August 2023) [pdf, 228 KB]

   ...applicants claim $3,866.30 for a replacement mantel because the old one will need to be removed. 21. The normal measure of damages for breach of contract is to put the wronged party into the position they would have been if the contract had been performed. 22. I am satisfied that if the contract had been performed the applicants would be in possession of an elderly inset fire box and flue with an out of date wooden mantel in reasonable working order. 23. I am not satisfied that...

3. OX v KN [2024] NZDT 701 (4 July 2024) [pdf, 101 KB]

   ...Fencing Act 1978 does not apply. Is OX entitled to any or all of the sum claimed? 13. The remedy for a breach of contract is for the breaching party to put the other party back in the position they would have been in had the contract been performed. When assessing losses from a breach of contract, it is necessary that the losses must be caused by the breach, be reasonable, and be reasonably foreseeable as liable to result. 14. OX claims $1,518.00, which is the sum he paid to a...

4. IX v J Ltd [2025] NZDT 23 (09 April 2025) [pdf, 97 KB]

   ...this for the following reasons: - The same day as IX took possession of the vehicle a warning light engaged. - A pre-inspection was conducted by an organisation recommended by J Ltd this revealed there was water around the battery. J Ltd informed IX this was due to the vehicle being washed. However, IX took the car for a service shortly after taking CI0301_CIV_DCDT_Order Page 2 of 3 possession of it and was advised there was a ‘damp round engine tray’ and the source of th...

5. Waitangi Tribunal - Wai 2522 2.5.0009 TPPA [pdf, 1.3 MB]

   ...Harawira, Rikirangi Gage and Moana Maniapoto. 8. The claimants allege that the Crown has breached the principles of the Treaty of Waitangi and that prejudice will result. They say:3 a) The Crown has undermined its Treaty partner by failing to provide information and failing to actively consult with Maori in good faith over the TPPA; b) The Crown has failed to actively engage with Maori in decisions that impact on their rights under te Tiriti and at international law notably the United...

6. SR v SP [2020] NZDT 1424 (28 July 2020) [pdf, 200 KB]

   ...12. The parties agreed $135.00 was a fair amount for a bale of lucerne. The amount that I find is reasonable is $8505.00 being 63 bales at $135.00 for each bale. Referee: C Murphy Date: 28 July 2020 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 r...

7. OIA-97004.pdf [pdf, 810 KB]

   0 3 AUG 2022 Section (9) (2) (a) Tena koe - Justice Centre I 19 Aitken Street DX SX10088 I Wellington T 04 918 8800 I F 04 918 8820 ContactUs@j ustice.govt.nz I www.justice.govt.nz Our ref: OIA 97004 Official Information Act 1982 request: Information regarding civil disputes Thank you for your letter of 23 June 2022 to the Ministry of Justice (the Ministry) requesting, under the Official Information Act 1982 (the Act) , information regarding civil disputes in the Disputes Tr...

8. 24 unit owners of Shed 24 Princess Wharf, 143 Quay Street [2013] NZWHT Auckland 13 [pdf, 89 KB]

   ...the extent required by the building consent. He referred to s 43(1) of the Building Act 1991 which provides: 43 Code compliance certificate (1) An owner shall as soon as practicable advise the territorial authority, in the prescribed form, that the building work has been completed to the extent required by the building consent issued in respect of that building work. [6] The Court of Appeal concluded that a dwellinghouse would not be considered built for the purpose...

9. M v Accident Compensation Corporation (Treatment Injury) [2024] NZACC 88 [pdf, 366 KB]

   ...examination in clinic on 3 February 2023, there is an area on the dorsal aspect of his glans on the right hand side which measures about .5 x .5 cms which is slightly darker in colour that the rest of the glans. I am not able to comment on what has formed this discoloration and further other than to say that it is present. Dr Amanda Faulkner, Consultant Psychiatrist [57] Dr Faulkner provided two reports dated 10 July 2020 and 28 April 2024, having met M twice in 2020 and then aga...

10. LF v JN & Ors [2024] NZDT 354 (7 May 2024) [pdf, 208 KB]

    ...artwork] are not there now. 9. Having considered this matter and all of the evidence provided I do not consider that a contract existed in this case between JN and LF. 10. Both JN and LF said the arrangement for storing [the artwork] was an informal one between friends. There was no payment and no written agreement, although LF says he gave JN a koha each year of some Dutch liquorice that JN enjoys to say thank you for storing [the artwork]. 11. A legal obligation arises und...