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1. Wano v Ngati Hineuru Iwi Incorporated (2013) 24 Takitimu MB 56 (24 TKT 56) [pdf, 205 KB]

   ...mailto:llmhons@gmail.com� mailto:Deborah.edmunds@kensingtonswan.com� mailto:Isabella.clarke@crownlaw.govt.nz� 24 Tākitimu MB 57 Introduction [1] John Wano filed an application per s 30 of Te Ture Whenua Māori Act 1993 concerning a claim for representation of Ngāti Hineuru in Treaty of Waitangi Settlement Negotiations. Mr Wano alleged, inter alia, that the Ngāti Hineuru Iwi Incorporated Society (“NHII”) had breached its rules by failing to secure the suppo...

2. UB and DB v ND [2020] NZDT 1391 (29 October 2020) [pdf, 230 KB]

   ...find that their actions in attempting to lower and adjust poles to fix the flat areas where water was pooling were following instructions given by ND. 13. Having made this finding, I note that UB’s internet research has yielded the further information that only experienced contractors should adjust poles on stretch tents, and that for ND to direct his customers to attempt this themselves was ill-advised and may have contributed to the problems experienced later that evening (althoug...

3. ST Ltd v FS [2023] NZDT 543 (31 October 2023) [pdf, 203 KB]

   ...Ltd’s services were not carried out with reasonable care and skill and that the driveway is not fit for purpose. FS has provided many photographs of problems resulting from poor workmanship throughout the job, but the major issue is with the likely performance of the driveway over time given the contractual breaches described above, of the lack of mesh and the inadequate driveway thickness. Those issues are not aesthetic or minor, they relate directly to the overall strength and longev...

4. MN & GD v X Ltd [2025] NZDT 72 (12 August 2025) [pdf, 242 KB]

   ...a reseller of the process used by the respondent, [reusable 1 The applicant has allowed a credit of $602.80 in invoice 05550 for unused materials. This amount has been allowed in the ordered amount. CI0301_CIV_DCDT_Order Page 2 of 4 pool form], but he would not provide any opinion on the quality of the work, having not seen it other than in photographs. [8] JI’s evidence is the product, while capable of providing some remedy for a crooked pool edge, the outcome will always be...

5. Phon v Waitakere City Council [2011] NZWHT Auckland 24 [pdf, 78 KB]

   ...situation is not comparable to the design. He implicitly acknowledges a causative link between the defects and the design could well be lacking. In addition, as in the other report, he confirms that details that were lacking from the plans (which formed the basis of the claim against the Council and Mr Kaill) were provided for in the Harditex technical information.

6. OH v RI Ltd [2020] NZDT 1678 (20 July 2020) [pdf, 92 KB]

   ...claimed? [14] Having made the findings above, it follows that I also find that RI is not liable to pay the amount claimed by OH. I therefore dismiss his claim. Referee: P Ferguson Date: 20 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...

7. BT & FT v Council [2015] NZDT 1492 (30 September 2015) [pdf, 233 KB]

   ...or present any defence to the claim. The absence of a party does not prevent the hearing going ahead. 5. The issues to be determined are: CI0301_CIV_DCDT_Order Page 2 of 4 a) When did the prior crash happen? When was the Council/Transport informed of the fuel spill? Did any delay by the Council/Transport in responding to the fuel spill cause FT’s crash? b) If the Council/Transport was negligent, what sum is payable in damages? c) Did XQ Ltd cause further damage by negligent to...

8. VS v WN [2022] NZDT 221 (30 November 2022) [pdf, 113 KB]

   ...required to pay to Mr S on the signing of the contract with WN ($2,741.94). These were all costs that VS incurred before the contract was cancelled. Referee: R Merrett Date: 30 November 2022 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 rehe...

9. CK & QK v XL [2024] NZDT 265 (25 January 2024) [pdf, 177 KB]

   ...the loose chip. 6. In conclusion, XL did not breach its duty of care, therefore it is not necessary to consider the other issues. The claim is dismissed. Referee: Sara Grayson Date: 25 January 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 r...

10. LL v XX [2023] NZDT 219 (17 May 2023) [pdf, 112 KB]

    ...after the work was done. He complained about them some months later when a dispute arose about payment. 11. I have therefore also dismissed XX’s counterclaim. Referee: T Prowse Date: 17 May 2023 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 rehe...