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1. S Ltd v TT [2024] NZDT 66 (11 January 2024) [pdf, 180 KB]

   ...receipt of the warranty for the insinkerator. S Ltd explained by email on 11 September that TT needed to register online to obtain the warranty and provided her with the information required to do this. 5. Although TT does not live alone, she requested that S Ltd come and read the serial number from the insinkerator for her. Times were offered by S Ltd on five days when they could do that for her. TT selected one but by the time she replied, S Ltd was all booked up for that time. TT...

2. MC v OJ Ltd [2020] NZDT 1490 (31 October 2020) [pdf, 109 KB]

   ...by weekly classes held in [Suburb]. However due to the announcement of lockdown, beginning with a move to Level 3 on 23 March, the classes could not be held as planned. OJ Ltd shifted some of the course content to an online delivery via Zoom and informed students that practical aspects of the course would be run when the alert level was reduced and in person contact allowed. MC was concerned that she would not be able to participate in the Zoom sessions as she was caring for her young chi...

3. Waitangi Tribunal - Poverty Bay [pdf, 4.2 MB]

   ...Townships Act 1895, S Woodley © Copyright Waitangi Tribunal 1997 iii FOREWORD The research report that follows is one of a series of historical surveys commissioned by the Waitangi Tribunal as part of its Rangahaua Whanui programme. In its present form, it has the status of a working paper: first release. It is published now so that claimants and other interested parties can be aware of its contents and, should they so wish, comment on them and add further information and insights. The p...

4. Watson v Accident Compensation Corporation (Deemed Cover) [2024] NZACC 002 [pdf, 188 KB]

   ...relied on the Corporation’s referral and Dr Waite’s report and trusted that her covered injuries would be updated to cover for CRPS. The Corporation had a responsibility to follow through and approve cover once it received the reports it had requested. The Corporation’s failure to extend cover for CRPS, or at least advise Ms Watson of the need for her to lodge a claim for such cover, shows a picture of neglect by the Corporation. The Corporation failed to issue a cover deci...

5. TB v X Ltd [2022] NZDT 133 (25 August 2022) [pdf, 135 KB]

   ...parties? (b) Did X Ltd breach the terms of the contract? (c) Is X Ltd liable to pay TB all or any part of the amount claimed of $1,662.50? What were the terms of the contract between the parties? 4. The law of contract says that a contract is formed when there is offer, acceptance, consideration is paid, and the parties intend to be legally bound. The law of contract also provides that the rights and obligations of each party under the contract can be found in the terms of the contra...

6. BU v NPU [2023] NZDT 327 (30 June 2023) [pdf, 244 KB]

   ...hostile environment and was therefore no conducive to the participants learning, safety and enjoyment. 14. EX says before the briefing guests were smoking around the heritage buildings and were reminded this was not permitted (as mentioned in the information pack), which he says they knew because they were concealing the smoking. He says LN had to speak loudly at the safety briefing to gain their attention. Many of them were on their phones and no-one in the BU group assisted LN to ens...

7. DK v VP Ltd & VPV [2016] NZDT 944 (6 April 2016) [pdf, 86 KB]

   ...terms and conditions recognise this at clause 10. [11] DK is a consumer as above and there is no evidence to suggest he was ‘in trade’ at the time he engaged VP Limited to park his car. Even if he was, I note there is nothing on the booking form provided by VP Limited that records that he is ‘acquiring the service in trade’. Any contracting out agreement where both parties are ‘in trade’ is required to be in writing and no such agreement has been formed in this case....

8. CN v NK [2023] NZDT 640 (17 November 2023) [pdf, 185 KB]

   ...arranged by the applicant. In one of these pre-purchase inspections, it was noted that the temperature dial on the dashboard was “broken.” The van’s heating/air conditioning system would only blow cold and not hot air. 3) The respondent informed the applicant that the van’s “stepper motor” would need to be replaced in order for the heating issue to be resolved. The respondent would arrange the replacement stepper motor but that would not arrive in time for the settlement o...

9. TQ v PU [2024] NZDT 266 (30 April 2024) [pdf, 194 KB]

   ...Findings 7. In his submissions TQ referred to the law relating to misrepresentation, and to the Fair Trading Act 1986. 8. TQ feels that he has been treated unfairly by PU, and he maintains that PU lied to him about the reasons for informing him that the venue was no longer available. 9. Respectfully, I do not agree that the law of misrepresentation or the Fair Trading Act 1986 are relevant to this claim. CI0301_CIV_DCDT_Order Page 2 of 4 10. TQ’s claim must be b

10. XH v T Ltd [2024] NZDT 746 (2 November 2024) [pdf, 188 KB]

    ...delays for XH and his party. 2. When a van was received by XH, the party set off for the [Region 2]. During the journey, XH was stopped by Police. XH was told that there had been complaints received by T Ltd about XH’s driving. There were no formal complaints or charges but the Police retrieved the van from XH at the instruction of T Ltd which left XH and his party of passengers stranded in [Town]. 3. XH claims $1,960.00 for breach of contract. XH further claims there was a br...