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1. BI v ID [2024] NZDT 806 (13 September 2024) [pdf, 113 KB]

   ...consider all the evidence before me and find that it is more likely than not on the balance of probabilities, that ID has breached his duty of care because he failed to take reasonable care when driving, and to make sure the way was clear when performing the u-turn. When ID breached his duty of care and damage resulted, he was negligent, and therefore liable. 9. This is for the following reasons: a. Both parties provided written and oral evidence. In addition, BI provided evi...

2. C Ltd v OB [2023] NZDT 83 (2 March 2023) [pdf, 184 KB]

   ...digging was to begin, OB was advised that some extra materials and work were going to be needed. On the day of the dig, costs escalated significantly, with an apparent change to the ground levels as well as other extra costs. OB signed a variation form which detailed the extra work but which did not record any extra price information. 4. OB says he was advised verbally that the extras listed on the variation form would cost $1800+GST. He says he also agreed to the use of a crane on the...

3. BORA Ngati Awa Claim Settlement Bill [pdf, 81 KB]

   ...the Bill of Rights. Section 14 BORA issue 12. Clause 21 of the Bill raises the issue of compliance with s 14 of the Bill of Rights. Section 14 protects the right to "freedom of expression, including the freedom to seek, receive and impart information and opinions of any kind in any form". 13. Clause 21 provides for protocols to be issued in the form set out in the deed of settlement. One of those protocols, the DOC Protocol, set out in Schedule 5.21 of the deed, raises fre...

4. [2017] NZEmpC 129 Phoenix Publishing Ltd v McCallum [pdf, 111 KB]

   ...had been given by the Authority in preparation for the investigation meeting. [6] In view of the fact that if leave is granted to Phoenix Publishing Ltd it will be seeking a hearing de novo of the entire matter, a good faith faith report was requested from the Authority pursuant to s 181 of the Act. That good faith report was prepared and delivered to the Court on 19 September 2017. The findings of the Authority were that Phoenix Publishing Ltd significantly obstructed the Authori...

5. Waitangi Tribunal - Ngāti Kahu Remedies Report [pdf, 5.3 MB]

   T H E N G Ā T I K A H U R E M E D I E S R E P O R T Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz t h e N g ā t i K a h u R e m e d i e s R e p o r t W A I T A N G I T R I B U N A L R E P O R T 2 0 1 3 W A I 4 5 Downloaded from www.waitangitribunal.gov

6. HD v FT [2017] NZDT 1396 (20 March 2017) [pdf, 183 KB]

   ...are reasonable as they have been approved by an assessor. 11. Accordingly FT is liable for the costs of repairs to HD’s car of $3,883.78. Referee: E Paton-Simpson Date: 20 March 2017 CI0301_CIV_DCDT_Order 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 or a mistake was made. If you wish to apply...

7. GU Ltd v LN [2022] NZDT 59 (7 June 2022) [pdf, 241 KB]

   ...a. What were the terms of the contract for hiring the scooters? b. Have those terms been breached? c. If so, what is the remedy? 3. LN did not attend the hearing. LN was phoned to join the hearing however the call did not connect. LN had informed the Registrar he would not be attending. The hearing proceeded without LN on the evidence presented in accordance with s42 of the Disputes Tribunal Act 1988 (DTA). What were the terms of the contract for hiring the scooters? 4. The

8. KT v BM [2021] NZDT 1571 (22 July 2021) [pdf, 182 KB]

   ...fee. The amount of statutory interest potentially payable is just over $3.00. In the circumstances I am not satisfied that an award is necessary or justified. Referee: J P Smith Date: 22 July 2021 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...

9. LN v K Ltd & EU [2023] NZDT 136 (6 June 2023) [pdf, 183 KB]

   ...collision. 3. Both parties provided evidence including photos of the damage to the vehicle, the clarity of the day, GPS and time data of the truck’s travel on that day from Eroad, a witness report, several photos of the road and google maps information. 4. JO, a director of K Ltd, told the Tribunal EU was not reversing and referred to the onboard record of Eroad/GPS data as confirmation EU was not reversing. 5. DB, a passenger in the truck, told the Tribunal they were on their...

10. NE & HE v S Ltd [2023] NZDT 154 (1 May 2023) [pdf, 102 KB]

    ...employee of the company. That employee had apparent authority to bind the company, even if they did not have actual authority. That is sufficient to evidence an offer, which was accepted by signing and returning the document. The contract was therefore formed once that occurred, on 16 May 2022. CI0301_CIV_DCDT_Order Page 2 of 4 8. The one-month delay in signing had arisen as the applicants had needed to obtain information about insurance and building issues, which took a few...