Search Results

1. CH & WZ v W Ltd [2024] NZDT 258 (22 March 2024) [pdf, 189 KB]

   ...$5,000 compensation for time spent disputing this claim. They allege there were privacy breaches and poor service, causing extensive delays in approving covered damage repairs. 26. Mr T disputed that W Ltd would be liable to pay any compensation or form of reparation for the stress and time of the applicants in dealing with the dispute. This is also not a provision under the policy. 27. Whilst I appreciate the applicants have faced delays and frustration during the dispute, I do not fi...

2. H Ltd v HF & OF [2022] NZDT 217 (16 November 2022) [pdf, 208 KB]

   ...Ltd entered into a contract with HF. H Ltd now brings a claim against HF and OF (the respondents) for $17,391.39 and the respondent counterclaim for $20,000.00. 2. On 3 October 2018 H Ltd and HF entered into a written agreement entitled “Short Form Agreement for Project manager Engagement” (1st agreement). The agreement contained an hourly rate. The scope of the work included providing a price estimate for a reclad of the respondent’s home. 3. A second “Short Form Agreement...

3. PR v HG 69/2016 LCRO [pdf, 269 KB]

   ...replied suggesting Ms XY’s enquiries be directed to Mr SR. For the purposes of this review, the difference is inconsequential because Mr HG does not contend that he provided explanations, information or otherwise cooperated with Ms XY as she had requested. [15] Between 2010 and 2012 Ms RM and Ms PR made a number of enquiries, and had a number of meetings.6 Ms PR says she is limited by Ms XY’s privilege from detailing what those enquiries were, or who the meetings were with. H...

4. NP v KT [2021] NZDT 1706 (12 October 2021) [pdf, 243 KB]

   ...written quote setting out the work to be done. A quote is an offer to do specified work for a set price. When a quote is accepted the person offering the quote and the person accepting it have entered into a contract. A legally binding contract is formed where both parties intend to contract on agreed terms, such as work set out in a quote. For a contract to be enforceable the terms of the contract need to be certain and clear. 6. It is not disputed that KT carried out work in addition...

5. Te Manutukutuku Issue 14 [pdf, 2.6 MB]

   ...contentious land claims headed towards its final resolution with the passing of the Orakei Act 1991 late last year. The Act is very different from the 1978 legislation it replaces, reflecting the new environment for the settlement of Maori claims. The former legislation referred cautiously to an 'agreement' reached between the Crown and Maori, with regard to 'the public interest ... tlle interests of the hapu and the special relationship of the hapu with the land'....

6. Lawson v Intended Defendant (No. 2) (Extension of time to commence proceedings) [2023] NZHRRT 33 [pdf, 193 KB]

   ...DECISION: 13 October 2023 DECISION OF DEPUTY CHAIRPERSON REJECTING APPLICATION TO EXTEND TIME TO COMMENCE PROCEEDINGS1 [1] Miss Lawson alleges that the Intended Defendant failed to respond to her requests for access to her personal information. Her claim in the Tribunal was, however, filed outside the six-month time period prescribed by the Privacy Act 2020 (PA). [2] That six-month time period runs from the date the Privacy Commissioner gives notice to the parties un...

7. Form 24 Search Warrant [docx, 18 KB]

   INDICATIVE FORM FOR TERRITORIAL AUTHORITY GUIDANCE ONLY Form 24 Search warrant Section 270, Sale and Supply of Alcohol Act 2012 To every constable 1 Ground of warrant I am satisfied, on an application made by [full legal name, address, occupation] on [date], that there is reasonable ground for believing that— (a) Select the applicable paragraph(s). (b) any alcohol is being sold, or exposed or kept for sale, on the premises/conveyance* described below, being premises/a conveyance* in which t...

8. UT v T Ltd [2024] NZDT 852 (22 August 2024) [pdf, 113 KB]

   ...due to parking restrictions outside his property. The yellow lines outside UT’s property meant the removalist would have to park 100 meters away. UT claims it was T Ltd responsibility to ascertain the parking restrictions. 4. T Ltd claim it informed UT on the day it could continue with the job, however, due to having to park its truck further away, more removalists would be required. This solution would have incurred further costs which UT did not agree to and therefore cancelled th...

9. BI v U Ltd [2022] NZDT 142 (5 August 2022) [pdf, 101 KB]

   ...policy. 3. The issue is whether BI breached the conditions of his policy (his contract with U Ltd) allowing U Ltd to decline the claim. Did BI breach the policy (contract) allowing U Ltd to decline the claim? 4. When BI completed the claim form he says the car was stolen on 26 March 2016 and that it was stolen from [Address 1] and that the keys were left in the ignition. 5. When discussing his claim with a claims handler on 31 March 2016 BI said that the car was stolen from a...

10. Statement of Defence and Counterclaim [docx, 55 KB]

    [bookmark: _GoBack]Guidance on Using the Statement of Defence and Counterclaim Template About the statement of defence and counterclaim [bookmark: Purpose]Use this form if you have been served with a claim in the District Court, and you wish to both defend the claim AND counterclaim against the plaintiff. You must file in the court and serve on the plaintiff a Statement of Defence and Counterclaim within the timeframe specified on the notice of proceedings. This is usually within 25 working day...