Search Results

1. QN v HO B Ltd [2023] NZDT 236 (22 May 2023) [pdf, 227 KB]

   ...the letterbox standing behind it; and a long fence to the left of the driveway which ran the width of the Property between the driveway and the neighbour’s fence on that side QN had the Property insured with B Ltd. 2. On 30 April 2020, QN was informed by a tenant at the Property that there had been an incident the night before when someone crashed through the Fence and damaged it. 3. QN lodged an insurance claim with B Ltd regarding the damage to the Fence. B Ltd paid out QN for t...

2. UC v DT [2024] NZDT 791 (20 September 2024) [pdf, 138 KB]

   ...termed “soft rot” at the top of the palings. 22. I therefore find that UC is not liable for a greater proportion of the costs to replace the fence. Referee: R Merrett Date: 20 September 2024 Page 5 of 5 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...

3. MT & SC v TD [2024] NZDT 888 (19 December 2024) [pdf, 111 KB]

   ...wiring system is not in reasonable working order. If so, what remedy is appropriate? 14. The remedy for a breach of contract is for the breaching party to put the other party back in the position they would have been had the contract been performed. Consequential losses must be caused by the breach, be reasonable, and be reasonably foreseeable as liable to result. 15. I find that MT and SC are entitled to the figure of $3,302.00 for new carpet, and $600.00 they paid a friend to...

4. Regulatory Impact Statement review of the Judicature Act and consolidation of courts legislation [pdf, 251 KB]

   ...example,  under  Schedule  5  of  the  Privacy  Act,  which  enables  the  Ministry  to  share  information for law enforcement purposes.  9  32. The situation relating to access to individual court files is clear – requests from individuals to  access individual court files are governed by specific court rules.  33. As  the  judiciary  controls  court  records,  there  are  problems with  the Ministry  of  Justice’s  ability�...

5. LE v BI [2024] NZDT 31 (2 February 2024) [pdf, 139 KB]

   ...being the address LE obtained for him from the 2023 electoral roll. I therefore went ahead with the hearing without BI because a Respondent is not obliged to attend the hearing of a claim made against them. This decision is based on the evidence and information before me in accordance with s42 of the Disputes Tribunal Act 1988. Issues 4. The issues I need to determine are: (a) Did BI make a representation to LE about the Baby Carrier and, if so, was LE induced by the representatio...

6. B Ltd v Council [2024] NZDT 709 (2 July 2024) [pdf, 151 KB]

   ...construction of a new boundary line fence. Referee: T Prowse Date: 2 July 2024 5 This because there is no obligation in the Fencing Act that imposes liability on council for a boundary line fence. Page 5 of 5 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...

7. Yates v Nathan - Neville David Nathan Whanau Trust [2016] Chief Judge's MB 223 (2016 CJ 223) [pdf, 244 KB]

   ...district Māori Land Court, pursuant to section 214 of the Act, to create and vest his interest in the land known as “Lot 1 DP149622 Blk II Mangawhai SD” into the trust. 6. The grounds for the application were stated as being: I wish to form a Whānau Trust for myself and my children to protect their interests and have a place they can come home to and connect with one another in the future. The buildings on the property are to be included in this trust also. 7. Fil...

8. 205w Application for financial assessment hearing [pdf, 370 KB]

   MOJ205/11/17 Ministry of Justice Collections Unit www.justice.govt.nz/fines/about-civil-debt/forms 0800 233 222 PAGE 1 OF 8 When should I use this form? This form lets you find out more about a judgment debtor’s ability to pay a judgment debt. Use this form if all the following apply: • you are the judgment creditor and the money owed to you in a judgment or court order has not been paid • you may have asked the judgment debtor to complete a financial statement but they have not co...

9. [2019] NZEmpC 99 Fernandez v Rappongi Excursions Ltd t/a Denny’s Restaurants [pdf, 440 KB]

   ...genuine. Hopefully this judgment, and the discussions which now need to take place between the parties, will lead to some reconciliation. For this reason, there is a need to clarify the obligations the parties have towards each other so that their former constructive relationship might be restored. The pleadings [6] Following the determination removing the proceedings to the Court, the pleadings were settled in the form of an amended statement of claim and an amended state...

10. BE v W Ltd & KN [2024] NZDT 885 (15 December 2024) [pdf, 240 KB]

    ...neighbour on the other side of the fence (Mr and Mrs N) became acrimonious after BE cut down some trees on Mr and Mrs N’s property believing she had their consent to do so. In the course of her dealings with Mr and Mrs N, BE became aware from survey information provided by the Mr and Mrs N that the fence was not on the boundary. In fact, a corner of BE’s building encroached across the boundary onto the McLeod’s property. 6. BE and Mr and Mrs N were unable to resolve the boundar...