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1. Van Den Bosch - Te Whiti South Lands Trust (2002) 55 Wairoa MB 280 (55 WAI 280) [pdf, 615 KB]

   ...rent means that over the three year term of the Smailes' lease the plaintiff received $13,876.98 plus GST less than under the former lease. The plaintiff attributes this reduction in rent to breaches of covenant by the defendants and this forms the basis for the claim. Hearing of Application A judicial conference between the parties was held on 27 July 2000. This dealt with procedural matters. The application was then set down for hearing on 30 November 2000 and is recorded a...

2. [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...

3. 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...

4. 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...

5. ET Ltd v District Council [2021] NZDT 1317 (20 January 2021) [pdf, 224 KB]

   ...Occupy Site 1 was issued to that person. 9. ETL lodged a claim with the Disputes Tribunal seeking $15,000 (now increased to $30,000) for loss of income from Site 1. 10. District Council defends the claim on the basis that a contract had not been formed with ETL because a fresh Licence or a variation of ETL’s existing Licence had not been processed for ETL to occupy Site 1 instead of Site 2. District Council argued that even if a contract had been formed, District Council dispute...

6. F Ltd v DS & KS [2022] NZDT 173 (10 October 2022) [pdf, 181 KB]

   ...prior to the accident which happened on 21 June 2021. On 5 June 2021, the vet notes that Noah is an “older dog, appetite a little picky of late, a bit reluctant to eat the biscuit senior … a bit stiff on back leg intermittently … some cataract formation …. Does bump into glass doors at night …. Discuss geriatric blood screen soonish”. Four days after the accident the vet said “Noah is ambulating ok for his usual arthritic age”. 21. The evidence from the vet shows that No...

7. 1.-Full-List-of-Fee-Changes-23-July.pdf [pdf, 366 KB]

   ...to the court under any enactment $540 $702 3 Filing any other initiating document (as defined in regulation 4), unless a different filing fee is prescribed for that document elsewhere in the fees table $1,350 $1,755 4 Filing a statement of claim between defendants $110 $143 5 Filing an amended statement of claim $110 $143 6 Interlocutory application (a) without notice (b) on notice relating to a proceeding to which item 2, 3, 46 or 48 applies (c) with notice (a) $200 (b) $...

8. 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...

9. 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...

10. 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...