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1. SL v T Ltd [2023] NZDT 444 (11 September 2023) [pdf, 171 KB]

   ...agreed purpose of the treatment? Was the treatment fit for purpose? 4. Section 29 of the Consumer Guarantees Act 1993 (CGA) provides that services must be reasonably fit for any purpose the consumer makes known to the supplier before the contract is formed, unless the circumstances show that the consumer does not rely on the supplier's skill or judgment, or it would be unreasonable for the consumer to do so. 5. SL claims that she was guaranteed some sort of weight reduction. Howev...

2. Hart v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 68 [pdf, 221 KB]

   ...that Mr Hart suffered neck or thoracic sprains during his accident on 31 October 2021. [4] In October 2013, Mr Hart suffered an accident when he was hit by a falling scaffolding pole, causing injuries to his back and neck. [5] An ACC injury claim form was lodged on 21 October 2013 with the accident date given as 11 October 2013. In the claim form, the accident description was: Large scaffolding pole fell onto back, neck, and skull. Still … pain and numbness in hand and shoul...

3. KC v BS [2019] NZDT 1399 (17 May 2019) [pdf, 134 KB]

   ...$4375.42 from BS, being the amount that was owing to the Local Council at settlement in October 2015, some of which has since been paid to the Local Council and some of which is not yet due. 4. The issues to determine are: • Was the S Programme information disclosed to KC prior to the contract being formed? • Is BS in breach of the vendor’s warranty at clause 6.2(3) of the sale and purchase agreement? • Is BS in breach of the vendor’s warranty at clause 6.1(1) of the sal...

4. Waitangi Tribunal - Part 1 Rangahaua Whānui District Auckland [pdf, 6.3 MB]

   ...... the mouth of the Waimata Rivet, justsouthofTe Poroporo (eapeTurnagain1,-­ extending to the Manawatu River at its southern reach before entering the gorge. This is an area of about two million acres. 1 It is unlikely that the described region formed a distinct unit in Maori times. The mountains in the east and coast in the. south are clear-cut, but the exact northern line was merely the result of colonial administration boundary drawing. There was also considerable movement through th...

5. [2020] NZEnvC 026 Burgoyne v Northland Regional Council [pdf, 98 KB]

   ...question of costs can be reserved in that matter until resolution of that appeal". 3 [7] There was no claim for costs from the Department of Conservation and nor has any application been filed subsequently. [8] The Users Group has now requested the Court consider cost issues. Basis for a claim against the Regional Council [9] Only Mr Burgoyne could possibly be seeking an order against the Council although he is not specific in his email. [1 O] This is a matter on which...

6. MD & ND v D Ltd [2024] NZDT 626 (19 July 2024) [pdf, 232 KB]

   ...Counterclaim D Ltd The Tribunal orders: 1. MD and ND are to pay D Ltd $816.25 by 10 August 2024. 2. Within 2 days of receiving payment, D Ltd is to release all photography and videos taken over the two days for MD and ND, to be sent in the format agreed to by the parties when the contract was made. Reasons 1. MD and ND contracted D Limited (D Ltd) to organise their wedding ceremony, dinner, photos and videos which included being helicoptered to a mountain site. The...

7. MN v N Ltd [2022] NZDT 281 (4 November 2022) [pdf, 192 KB]

   ...some of the glasswork had to be replaced because it could not be buffed. 11. While I have taken into account N Ltd’s claims regarding the cause of the damage, and accept that carwash malfunctions may indeed occur frequently, I do not have information on at which stage of the carwash malfunctions occur (suds, scrub, rinse etc) and so it is unclear whether these vehicles involved were similarly left with suds on them for a prolonged period of time. Therefore, I do not accept N L...

8. CU v EM & ors [2024] NZDT 272 (2 May 2024) [pdf, 102 KB]

   ...1]. 20. Therefore I must find that the Disputes Tribunal does not have jurisdiction to hear and determine the claim, and the claim must be struck out. Referee: Nicholas Blake Date: 2 May 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 reh...

9. Taylor v Auckland Council [2012] NZWHT Auckland 42 [pdf, 134 KB]

   ...assessor’s report was completed. [3] The assessor’s report concluded that there were a number of construction defects in the property including: (a) Inadequate installation of the cladding through lack of movement control joints, poorly formed external corners and poorly formed vertical cladding joints resulting in cracking. (b) Inadequate installation of the door and window joinery. (c) Insufficient coating protection. (d) Insufficiently constructed cladding bas...

10. Waitangi Tribunal - issue 69 of Te Manutukutuku [pdf, 2.5 MB]

    ...for historical disputes processes when I was invited to contribute to the African National Congress debate on policy in Johannesburg and later, when the ANC assumed power, to the Constitution debate in Cape Town. The new Republic opted for both forms, a formal Claims Court for ‘black spot’ removals under apartheid post-1914 and the less formal Truth and Reconciliation process for the larger historical issues. However, unlike our process, the South African reconciliation did not...