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1. 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...

2. Dotcom v Crown Law Office (Damages) [2022] NZHRRT 7 [pdf, 195 KB]

   ...3 [1] This proceeding has been remitted to the Tribunal by the Court of Appeal for reconsideration of the issue of damages in respect of the interference with Mr Dotcom’s privacy by the wrongful transfer of his information privacy requests. See Dotcom v Attorney-General [2020] NZCA 551, (2020) 12 HRNZ 314 at [113]. THE CONTEXT [2] The circumstances of this case have been set out at length in the Tribunal’s original decision delivered on 26 March 2018 (Dotcom v Crown

3. NU v TE [2020] NZDT 1402 (25 November 2020) [pdf, 94 KB]

   ...NU’s loss? Did TE misrepresent the condition of the vehicle prior to or at the time of purchase? 3. The law relevant to this claim is the general law of contract and the Contract and Commercial Law Act 2017. A contract is a binding commitment formed by an offer made by one party and a subsequent acceptance by the other party. There is a well-known principle of contract law which is “caveat emptor” or “let the buyer beware”. This implies that the buyer must be cautious,...

4. LCRO 215/2020 YY v RN (27 September 2021) [pdf, 207 KB]

   ...[3] Ms YY had initially instructed Mr TW to act for her on the sale, but as Mr TW did not operate a trust account, Mr TW referred Ms YY to Mr FN. 2 [4] On the 29th of January 2013, Mr TW forwarded facsimile correspondence to Mr FN making request of Mr FN to prepare an agreement for sale and purchase of the [address] property. [5] That correspondence: (a) Identified the vendor and purchaser; and (b) advised the sale price that had been agreed; and (c) recorded that no depos...

5. DQ v CC [2024] NZDT 22 (28 February 2024) [pdf, 192 KB]

   ...consider repair costs further and I dismiss the claim. Referee: J Costigan Date: 28 February 2024 CI0301_CIV_DCDT_Order 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...

6. NB v U Ltd [2023] NZDT 310 (9 June 2023) [pdf, 211 KB]

   ...impact of the smashed window and/or glass pieces left in the door frame, could have affected the operation of the window. 8. When asked specifically about the timing of the window stopping working immediately after the break-in,LT gave no detailed information to support his stated view that the fault was unrelated to the break-in. 9. Given the compelling inference to be drawn from the timing of the window control failure immediately after the window was smashed, I do not consider...

7. S Ltd v D Ltd [2024] NZDT 850 (14 November 2024) [pdf, 92 KB]

   ...Ltd during the hearing, KB queried whether in fact the cable in question is ‘ruggedised fixed fibre service lead’ or one of the other types of table listed, half of which have a minimum cover requirement of 450mm. 8. In any event, on the information and evidence available, I find that D Ltd has not provided sufficient evidence to prove that S Ltd breached its duty of care because there is no evidence as to whether there is any variation in expected or reasonable practice depending o...

8. DT form 6: Notice of objection of enforcement order [pdf, 1.2 MB]

   Z Page 1 For more information visit www.justice.govt.nz/tribunals DT 07/11 - 6 What is this form for? Use this form to object to an application made to the District Court for the issue of any process to enforce an order - • requiring you to pay money as an alternative to compliance with a work order; and • that you believe that you have already complied with. Completing and submitting this form 1. Fill in all sections below. 2. Print in CAPITAL LETTERS. 3. A notice of objection may on...

9. TN v U Ltd [2024] NZDT 89 (7 February 2024) [pdf, 149 KB]

   ...and inconvenience arising out of the asbestos contamination in 2017. I have therefore deducted this amount from the award of $1200.00 general damages. Referee: R Merrett Date: 7 February 2024 Page 5 of 5 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 reh...

10. NC v KD & CD [2024] NZDT 535 (22 July 2024) [pdf, 189 KB]

    ...They did not provide the accommodation service with reasonable care and skill. They are ordered to refund $351.50 to NC for the breach of the FTA. Referee: B M Smallbone Date: Monday, 22 July 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 re...