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1. BORA Ngā Hapū o Ngāti Ranginui Claims Settlement Bill [pdf, 282 KB]

   ...exclusion was consistent with arts 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act. [2] Whether s 27(3) at issue 7. Clause 24(3) excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with the taonga tūturu protocol. 8. This clause may be seen to limit s 27(3) of the Bill of Rights Act, namely the right to bring civil proceedings against the C...

2. SD v W Ltd & X Ltd [2023] NZDT 407 (22 August 2023) [pdf, 198 KB]

   ...these reasons I find the correct respondent to this claim is X Ltd. CI0301_CIV_DCDT_Order Page 2 of 3 Is X Ltd in breach of its obligations to refund SD? 6. The relevant law is the law of contract. In this situation the contract was formed between SD (through his agent, [Travel Agent]) and X Ltd by way of the purchase of airline tickets. 7. SD states he outlaid $2231.75 for return flights from [City 2] to [Country]; leaving [City 2] 2 May 2020 and returning 8 May 202...

3. CG & NA v YA [2024] NZDT 695 (9 September 2024) [pdf, 100 KB]

   ...well as provide general support for the mother. YA was to be paid $380 per day for the ‘maternity matron’ services. 2. The agreement was for YA to provide the ‘maternity matron’ service 24 hours a day. However, due to family issues YA informed CG and NA she could no longer do the night shift or start on the day agreed. 3. CG and NA claim YA breached the contract and claim in the Disputes Tribunal for the refund of the bond, postpartum meal costs incurred and the Tribunal fi...

4. TH v N Ltd & LC [2024] NZDT 847 (14 October 2024) [pdf, 251 KB]

   ...eventually obtained payment per the terms of the (amended) judgment in December 2022. CI0301_CIV_DCDT_Order Page 2 of 6 8. TH’s claim is based on advice that he has received from K Ltd (Mr E), that Mr O’s statement of claim was improperly formulated, and as a consequence TH lost the opportunity to recover an amount of interest and costs. 9. The second hearing took place by phone on 24 September 2024. TH, LC, and Mr O (as a witness) participated in the hearing. Find...

5. TRA - Notice of claim [pdf, 354 KB]

   Page 1 For more information visit www.justice.govt.nz/tribunals TRA 29/24 - 1 TRA no: Notice of Claim In the Taxation Review Authority In the Matter of [Specify the appropriate Act(s), for example the Income Tax Act 2004, the Income Tax Act 2007, or the Goods and Services Tax Act 1985] Between [Full name, address, and occupation] Disputant And The Commissioner of Inland Revenue Defendant Notice of Claim Dated: Agent If you are being represented by an agent (for example,...

6. FD, GN, LN, UT, NE, & NP v BQ Ltd [2022] NZDT 165 (18 October 2022) [pdf, 162 KB]

   ...tickets, the applicants would have been able to claim the refund whatever the weather was on the day, with mountain travel still limited for guided tours that day. BQ added the DOC limitation information to the website after the applicant’s requested a refund. That is what should have been on the website from the start. 4. I have not ordered a refund of the booking fee on the basis that the booking fee would not have been refunded if refundable tickets were held....

7. ET v CN [2023] NZDT 115 (23 March 2023) [pdf, 237 KB]

   ...disputed, CN stated ET had told him she had been on the roof. NL from [Repair shop] stated it is possible the cause of the hollow, where water pools, could be due to someone sitting or standing on the roof. 10. Evidence has been presented, in the form of a video, to show the skylight did leak on the 13th of May, however texts at that time indicate the problem was due to the skylight not being shut properly. There is no evidence of a leak being mentioned again until the caravan was seen...

8. EX v QU [2023] NZDT 457 (18 August 2023) [pdf, 100 KB]

   ...lawn or the cracking of the concrete. 23. I find that the parties cannot claim costs against each other. Referee: Verdun Tawhara Date: 18th day of August 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 a...

9. UD v ST & NT [2024] NZDT 726 (5 November 2024) [pdf, 197 KB]

   ...27. ST and NT have not proven that UD was negligent. 28. Accordingly, UD is not liable for a replacement engine. Is UD entitled to reimbursement of the towing expense? 29. UD incurred an unexpected expense as the result of not being informed of the issues with the vehicle. 30. UD acted in good faith to take care of ST and NT vehicle and get it home safely and at a reasonable expense. 31. UD had the benefit of using ST and NT vehicle during the 3 week stay and fuel, ma...

10. KD & SB v W Ltd [2024] NZDT 894 (19 December 2024) [pdf, 192 KB]

    ...within an acceptable range. 12. The respondent’s position is that the moisture ingress would have occurred while the boards were stored in the storage container on site as it was a particularly hot and wet summer. The respondent has also been informed that often telegraphing does not become apparent until the floorboards are laid due to the pressure on the boards. At the hearing the employee who opened the box said that only one board had a very slight sign of rippling. In terms of t...