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1. BC v BJ Ltd [2021] NZDT 1695 (12 December 2021) [pdf, 93 KB]

   ...Ltd breach the contract by treating each loss as separate event requiring an excess deduction before making a payment ? 6. NX’ position is that damage to each of the items was a separate event, which required an individual excess deduction. In forming this opinion, she pointed to the time frame the dogs were left alone, and a 4 July 2019 decision by the Insurance and Financial Services Ombudsman (the IFSO). In that case a dog had vomited and had diarrhoea damaging the carpet in the...

2. Waitangi Tribunal Te Aroha Maunga Settlement process report [pdf, 2.8 MB]

   ...Tribunal determined that groups in the Hauraki district have well-founded claims concerning past Crown actions, which had breached the principles of the Treaty of Waitangi, and caused them harm, or prejudice . The 12 iwi in the Hauraki district have formed the Hauraki Collective (the Collective), to ne- gotiate settlement of their claims with the Crown . However, one of those iwi, Ngāti Rāhiri Tumutumu, has raised serious concerns about Crown actions in the settlement negotiations . Ngā...

3. DA v WZ & WZW Ltd [2015] 761 (22 March 2015) [pdf, 83 KB]

   ...progress invoice but then in August 2013 received a further invoice with a $0 balance stating the job was 'parked'. It was at this point that she got more involved, attempting to source parts and when no further progress was made, she requested that her bike be returned. [4] WZ declined to return it assembled (it was in pieces) and DA lodged this Disputes Tribunal claim in August 2014. [5] The bike was returned to her, partially assembled in October/November 2014 (she...

4. BJ Ltd v YQ Ltd YQY [2013] NZDT 416 (11 November 2013) [pdf, 69 KB]

   ...customers at a lower rate than the applicant was paying. [8] The respondent says that the service standard remained high after AA was replaced and referred to emails that showed that the new account manager replied to the applicant’s requests within hours. They also say that the mobile phone prices are not reflective of the overall market leading rates that they provided the applicant as they say that this was a combination of a package of services they provided the...

5. N Ltd and others v HB YA [2023] NZDT 44 (13 February) 2023.pdf [pdf, 221 KB]

   ...vendors receive notice concerning a fencing dispute that they failed to bring to the purchaser’s attention? If so, what loss can SI prove he incurred as a result? 20. At a final pre-purchase inspection the day before settlement, SI said he was informed by a contractor working on the adjourning property that the fence was not in the correct position as it was encroaching into the neighbouring land by half a metre. 21. Clause 9.1 of the contract provides that “the vendor warrants...

6. LCRO 35/2021 ZN v YM and XL (16 December 2021) [pdf, 237 KB]

   ...October 2020, Ms ZN provided legal services to an Incorporated Charitable Trust which traded under the name [WKJ] [(WK)]. 2 [5] In July 2020, Ms YM was invited to take up a position that had become vacant on the [WK] board. Her position was formalised on 2 September 2020. [6] At the time of Ms YM’s appointment, Ms ZN was engaged by [WK] in defending proceedings that had been brought by a former employee of [WK] in the Employment Relations Authority (ERA). [7] Request was ma...

7. 2023 archive

   ...PDLA service starts 15 December 2023 Message from the Legal Services Commissioner Police Detention Legal Assistance (PDLA) Provider Roster and Guidelines for the Holiday Roster Period Cut-off date for invoices reminder Legal aid payments published Platform Change to PDLA Rosters Expressions of interest sought for Legal Aid Provider Selection Committee members - reminder Cut-off date for invoices reminder Criminal legal aid assignments published  Cut-off date for invoices reminder Reminder...

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8. EG & SG v BT & MT [2024] NZDT 365 (18 June 2024) [pdf, 152 KB]

   CI0301_CIV_DCDT_Order Page 1 of 2 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 365 APPLICANT EG and SG RESPONDENT BT and MT The Tribunal orders: The claim is struck out. Reasons [1] EG and SG claim that their neighbours, BT and MT, have erected screens in BT and MT’s property near the parties’ joint fence. EG and SG find these unattractive and aesthetically displeasing. EG and SG also object that BT and MT have...

9. Waters v Alpine Energy Ltd (Discovery) [2014] NZHRRT 8 [pdf, 97 KB]

   ...of the Human Rights Act 1993 (HR Act), he was discriminated against by reason of his age. [2] Following a teleconference convened by the Chairperson on 12 August 2013 the parties were required, as a preliminary step in the proceedings, to give informal discovery of the documents in their possession or control and on which they intended to 2 rely or which adversely affected their own case, or which adversely affected the opposing party’s case or which supported the opposing party...

10. [2020] NZEmpC 51 O’Boyle v McCue [pdf, 298 KB]

    ...McCue v O’Boyle Law Ltd [2019] NZERA 648 (Member Arthur). shareholder and director. However Ms O’Boyle conceded this point during the Authority investigation. She accepted she employed Ms McCue in her personal capacity in 2014. No formalities were agreed and completed to transfer the employment relationship to the company after it was registered in 2016. Ms O’Boyle remained personally liable for obligations arising from her employment relationship with Ms McCue.