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1. EI v CT [2021] NZDT 1703 (24 June 2021) [pdf, 104 KB]

   ...timely services. 4. The issues I must decide are: a. Was the work done as contracted? b. If so, is EI entitled to $603.75 as claimed, or any other sum? Was the work done as contracted? 5. Under contract law, a legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end, and what was agreed is looked at objectively, i.e., by looking at...

2. JD v SL [2023] NZDT 364 (20 July 2023) [pdf, 185 KB]

   ...$280.00 for towing the car away from the scene of the collision. She explained that this figure had been off-set by what had been recovered for the sale of the wreck, which [towing company] had overseen. 16. However, JD was able to get further information from [towing company] during the hearing. This indicated that the towing fee was $920.00, and the sale of the wreck was $1,300.00. This means JD did not have to pay anything for towing the car, but instead received $380.00 from [to...

3. SS & YO v SR [2024] 36 (29 February 2024) [pdf, 196 KB]

   ...the current claim. 31. For these reasons I find the claim is partially proved and the respondent is to pay the applicant the sum of $5,374.08. Referee: K Johnson Date: 29 February 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...

4. QG v BE [2024] NZDT 96 (13 February 2024) [pdf, 189 KB]

   ...before the six-year mark and so the limitation defence is not available to BE. 15. For the above reasons BE is to pay $2,850.00 to QG before 13 March 2024. Referee: L Thompson Date: 13 February 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...

5. NL v XS [2024] NZDT 320 (29 April 2024) [pdf, 82 KB]

   ...the complaint, the case is at an end in the Disputes Tribunal. The Disputes Tribunal does not have jurisdiction to continue hearing the claim. Referee: B M Smallbone Date: Monday 29 April 2024 Page 2 of 2 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 rehe...

6. Wright v Ngamoki-Cameron - Heretatua (manu on the Tītī Island of Taukihepa) [2015] Chief Judge's MB 108 (2015 CJ 108) [pdf, 475 KB]

   ...to the request for an extension on the basis that the Ngamoki whānau are part of the Te Au whānau, who were notified of the previous s 45 application and are aware of the nature of the dispute surrounding Heretatua. An urgent hearing date was requested. [23] On 22 November 2012, the Court gave the parties until 28 February 2013 to file responses. 14 Further responses were received from Richard Wixon on behalf of Ngā Uri o Te Au objecting to Mrs Wright’s application, and Mr...

7. K Ltd v V Ltd [2023] NZDT 598 (27 November 2023) [pdf, 207 KB]

   ...regularly explained these clauses to their customers. 11. As the clauses outlined above were incorporated in the terms which were signed prior to the supply of the truck, and the truck was supplied on the basis of that contract, I find those clauses formed part of the contract between the parties. 12. In a commercial context, the general rule is that, in the absence of fraud or misrepresentation, a party is bound by a clause even if he or she has not read it. A signature conveys a

8. XT & TT v BE & LE [2024] NZDT 866 [pdf, 294 KB]

   ...balance of probabilities, being the onus of proof in civil matters such as this, that the facts are more likely to have occurred as they contend. Did the parties reach an agreement on the amount BE would pay? 8. A legally binding contract is formed where both parties intend to contract on agreed terms. For a contract to be enforceable the terms of the contract need to be certain and clear. 9. While XT and TT contend BE agreed to pay the value of the cows and one year’s lost pr...

9. Chapman v Western Bay of Plenty District Council [pdf, 364 KB]

   ................................................. 19 Improper piecing-in of fibre-cement sheet backing ............................................. 19 Poor corner jointing of cement board cladding ................................................... 19 Poorly formed junctions of the cladding at the base of the cladding ................... 19 Fibre cement sheets fixed hard back against masonry foundation lacking required clearances ............................................................

10. Te Manutukutuku Issue 27 [pdf, 2.8 MB]

    ...(Wai 413) 19 Jan and 14 Feb 1994 Te Whanganui a Orotu (Wai 55/201) 31 January 1994 Taranaki (Wai 143) 21 February 1994 Whanganui River (Wai 167) 14-18 March 1994 Muriwhenua Land (Wai 45) 21-25 March 1994 Information on these hearings can be requested from the tribunal's office New Research Staff Appointed Paul Hamer (left) of Wellington graduated from Victoria Univer­ sity with an MA History (distinction) in 1992. He worked as a policy analyst for the Treaty of Waitangi Po...