Search Results

1. GQ Ltd v OD Ltd [2022] NZDT 126 (19 August 2022) [pdf, 234 KB]

   ...caused during the tenancy and not a figure to improve the tenancy, for instance the quote to clean carpet preferred to the quote to replace carpet. Referee: P McKinstry Date: 19 August 2022 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...

2. NL v EU & TJ Ltd [2021] NZDT 1589 (2 August 2021) [pdf, 102 KB]

   ...liable for 80% of EU’s loss, which equates to $5,312.13. EU is liable for 20% of NL’s loss, which is $1,000.00. The balance payable by NL is $4,312.13. Referee: J P Smith Date: 2 August 2021 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...

3. XN v LD & S Ltd [2023] NZDT 62 (17 January) 2023 [pdf, 196 KB]

   ...of any such actions by the applicant in this case and the fact a third party gave possession of the car to the first respondent is not enough to transfer title to the car. 7. The first respondent argued that he had checked publicly available information about the car and saw that it was not reported as stolen and there was no money owing on the car, and therefore was of the view that KG had a right to sell the car. However, at the point that the car was sold to the first respondent, t...

4. D Ltd v KL [2023] NZDT 684 (21 December 2023) [pdf, 119 KB]

   ...$1500.00 on or before Tuesday 30 January 2024. Reasons: 1. KL’s car had been vandalised and in lieu of write off he had settled with his insurer and was restoring it. In April 2022 he engaged D Ltd (the company) to spray paint the car and to perform some repairs, and paid $8212.15. KL provided the second hand parts, being two front fenders and four doors. 2. The company claims $1962.50 for legal costs. 3. KL claims $17,212.16, increased at the hearing from $8211.15. This...

5. Waitangi Tribunal theme D - Crown's right of preemption [pdf, 4.2 MB]

   ...was given an early draft of my report, and my tables detailing the pre-emption waiver purchases, which he used in the early part of his report in particular. This chapter, while initially relying on John's framework, includes some additional information and, in parts, a change in interpretation based on knowledge gained through my research for the earlier chapters of this report. Pre-emption was one of the earliest practical expressions of British sovereignty. One of the key aspects...

6. MacGregor v Craig (Rescission of Confidentiality Orders) [2016] NZHRRT 23 [pdf, 225 KB]

   ...that publication of some parts, but not all, of the decision would provide an opportunity for her to be publicly vindicated. [11] She also submitted non-publication orders should be made to uphold and protect the confidentiality undertakings that formed the core of the claim before the Tribunal. The broad terms of the redactions sought were listed in a memorandum of 16 March 2016. It is not necessary to review the proposals here but it should be observed the redactions were so extens...

7. The Estate of UB v KM [2020] NZDT 1322 (3 December 2020) [pdf, 191 KB]

   ...(being $7,449.11 to remedy the painting work; $524.64 being the GST that should not have been paid; and $935.00 for the stairwell carpet). Referee: Ms G Jaduram Date: 3 December 2020 CI0301_CIV_DCDT_Order 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...

8. TD v SN [2022] NZDT 99 (19 September 2022) [pdf, 99 KB]

   ...scan, Austen would have to be put down. TD paid $5,000 to the vet. 5. The MRI scan revealed no sign of a dog bite, and that the partial paralysis Austen was suffering from was caused by a congenital condition, Syringomyelia, exacerbated by some form of trauma, such as a dog bite to the neck, a hard pull on a lead and possibly even Austen violently shaking himself. 6. The vet bills came to an additional $1,639.79 which, in view of the diagnosis, TD told the vet she would not pay....

9. ET & KT v CK & SK [2023] NZDT 662 (28 September 2023) [pdf, 190 KB]

   ...reducing it from $150.00 to $110.00 to reflect the poor service. CK argued that that would be below cost as staff are paid $25.00 an hour, to which ET responded that sometimes they were only there half an hour. No timesheets or other financial information was presented by CK and SK. In the absence of sufficient evidence of cleaning costs, or mechanism for calculating a deduction, I accept ET’s calculation of a $40.00 deduction per clean. $40 for 6 cleans comes to $240.00. Are the C...

10. McAneney v Auckland Council [2011] NZWHT Auckland 63 [pdf, 141 KB]

    ...$289,659.55. In addition the Council has successfully established the claim for contribution of $153,000 against Mr Kells. [49] There is no need for the Tribunal to consider the contribution to settlement made by the second respondents as no request was made by that party to this proceeding. Conclusion and Orders [50] The claimants’ claim is appropriate to the extent of $289,659.55. For the reasons set out in this determination I make the following orders: i. M...