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1. CH v Q Ltd [2021] NZDT 1617 (9 August 2021) [pdf, 175 KB]

   ...2 August 2018). However, I am not satisfied that the Heating System is operating as it should when it keeps dropping in pressure when pressured up, even if it is better since the work done by K Ltd and have concerns regarding its durability and performance over time. (j) CH has paid Q Ltd in full for the Heating System, but he does not have a Heating System that he is confident is working correctly because it is still regularly drops in pressure and the radiators are not heating consi...

2. [2021] NZEmpC 196 KAQ v The Attorney-General [pdf, 245 KB]

   ...circumstances, when it is in the interests of justice to do so. [8] Rule 12 of the Rules specifies a range of matters that must be considered when determining an application for access. It provides: 12 Matters to be considered In determining a request for access under rule 11, the Judge must consider the nature of, and the reasons given for, the request and take into account each of the following matters that is relevant to the request or any objection to the request: (a) the o...

3. LK & NI v JK Ltd [2024] NZDT 636 (5 September 2024) [pdf, 223 KB]

   ...the quote as per the request of the Applicants. 13. I find that the definition of “services” is sufficiently broad to include the provision of the initial indicative quote even if the quote had not been accepted nor any physical work performed. There remains a supply, which in this case, is the provision of the quote which gives rise to the customer’s right to accept/reject the same. 14. Given this, section 28 of the CGA then states that the service must be provided with...

4. BX v KI & NI [2024] NZDT 881 (7 June 2024) [pdf, 192 KB]

   ...The Tribunal orders: KI and NI, jointly and severally, are to pay the sum of $16,800.00 to BX on or before 24 June 2024. Reasons: 1. In February 2018, BX saw an advertisement in the “Flatmates Wanted” category on [an online selling platform]. A married couple living in a four-bedroom house in [redacted] were looking for “Professional single or couple who want their own space”, and the rent was “$225 per week”. The advertisement stated: “The house is split in 2. We ha...

5. [2022] NZACC 106 - Easthope v ACC (2 June 2022) [pdf, 186 KB]

   ...brace. [3] The Corporation’s position therefore is that the appeal is now moot and there are no substantive issues to be determined. ACR 13/12 [4] The appellant raises various other issues in relation to the historical management of his claim. The respondent’s position is that these matters are outside of the scope of this appeal. Background [5] Mr Easthope has cover in respect of an accident that occurred on 17 May 1986 when he was spear tackled while playing a gam...

6. Marshall v IDEA Services Ltd (Privacy Act) [2020] NZHRRT 13 [pdf, 353 KB]

   ...emailed to Ms Brown on the same day. The health advisor’s report was not referred to in Ms Brown’s report, as her report had been completed and finalised before the health advisor’s report was received. [9] On 22 January 2016 the Marshalls requested a copy of the findings of the IDEA Services investigation. Ms Brown sent an email to the Marshalls on 26 January 2016, attaching what she described as a letter of her findings. The attachment was the summary report prepared for NA...

7. 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...

8. [2021] NZEmpC 6 Bowen v Bank of New Zealand [pdf, 251 KB]

   ...a legal adviser has a privilege in respect of any communication between the person and the legal adviser if the communication was— (a) intended to be confidential; and (b) made in the course of and for the purpose of— (i) the person requesting or obtaining professional legal services from the legal adviser; or (ii) the legal adviser giving such services to the person. (1A) The privilege applies to a person who requests professional legal services from a legal adviser...

9. TC v F Ltd LM [2021] NZDT 1590 (12 August 2021) [pdf, 184 KB]

   ...fail to meet the acceptable quality standard. What about the fact that LM also represented that it had a current warrant? 8. Having a current warrant is a legal requirement. LM is required to get the warrant and must as a matter of necessity inform TC that the requirement has been met. I do not accept TC’s view that this means that LM is guaranteeing the warrant is validly issued or that the vehicle is in fact road legal. That is not fair to LM who is not required to guarantee t...

10. MT v CE Ltd [2022] NZDT 141 (15 August 2022) [pdf, 95 KB]

    ...find that MT is entitled to the sum of $421.48 for a refund of the original fees, plus damages for the extra costs involved in setting up with a new provider. Referee: K Rendall Date: 15 August 2022 Page 3 of 3 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...