Search Results

1. Gorgus v Corrections [2023] NZHRRT 22 [pdf, 316 KB]

   ...interference with Mr Gorgus’ privacy. Corrections has appropriately accepted this, as it failed to acknowledge or action either of those requests as required by PA, ss 40 and 66(4), without any proper basis. It is to that interference that any claimed causation must attach when the question of remedies is considered in relation to the First Request and Second Request. WHETHER CORRECTIONS HAS GOOD REASONS FOR WITHHOLDING OR REDACTING PERSONAL INFORMATION [32] Corrections submits tha...

2. UM v PH Ltd [2021] NZDT 1682 (14 December 2021) [pdf, 173 KB]

   ...because they were not of acceptable quality or were unfit for their purpose. The necessary proof is simply lacking, and UM’s claim must therefore be dismissed. Referee: C Hawes Date: 14 December 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...

3. KM & LM v BN [2023] NZDT 181 (12 July 2023) [pdf, 122 KB]

   ...more; and b. BN is not entitled to a refund of the amount that she has paid. CI0301_CIV_DCDT_Order Page 4 of 5 Referee: Nicholas Blake Date: 12 July 2023 (date of issuance of amended Order) Page 5 of 5 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...

4. DC v T Ltd [2023] NZDT 642 (13 November 2023) [pdf, 104 KB]

   ...CJ LTD tested the battery and provided data to T Ltd. T Ltd does not have (and has never had) physical possession of the battery. b. The data is inconclusive in terms of the reason for the failure. The results show no sign of reduction in performance over time, which is the common symptom of cell balance. This aligns with DC’s evidence that he did not experience any loss of performance before the sudden failure of the battery. c. A cell failure could have a range of causes incl...

5. TM v B Ltd [2024] NZDT 142 (11 April 2024) [pdf, 104 KB]

   ...problem, they began asking agents to provide customers with questions and specifically to ask them if the property is “stacked” or not. 15. SH said insurance companies do not look up house sales online to check the property and rely on the information provided them. He said that the problem became apparent when W realised it needed to ask the question to get that information. 16. Because the only evidence provided to prove TM’s claim is basically his opinion, and because SH p...

6. H Ltd v TU, DU and GU as trustees for the U Family Trust [2024] NZDT 185 (4 March 2024) [pdf, 92 KB]

   ...caused by the failure of the Trust to keep its roof clean. For this reason, it is not necessary to consider the other two issues and the claim is dismissed. Referee: Sara Grayson Date: 4 March 2024 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 reh...

7. HC v S Ltd [2023] NZDT 482 (6 July 2023) [pdf, 192 KB]

   ...[Shopping Mall] did not have a business lounge and was not advised of any other locations that had business lounge services. 6. The website states S Ltd provides unlimited access to a business lounge. In the hearing, S Ltd accepted its website and information including the terms and conditions did not include information about the services they could access. 7. S Ltd accepted an ordinary person would not know [Shopping Mall] did not have a business lounge and would not know they ha...

8. CC & TC v BE & NE [2023] NZDT 524 (18 October 2023) [pdf, 199 KB]

   ...hearing was adjourned to give CC & TC an opportunity to provide evidence detailing the issue with the pool. They have not done this, and I advised that it would not be appropriate to adjourn the hearing again. Balancing their right to provide information and be heard against BE & NE’s right for proceedings to be resolved in a timely manner, I find it would be unjust to grant a further adjournment as CC & TC have had adequate opportunity to provide information but have not tak...

9. N Ltd v MX [2023] NZDT 387 (5 July 2023) [pdf, 99 KB]

   ...conclusion, I find no evidence N Ltd have breached their obligations under the Agency Agreement. MX is therefore liable under clause 5.2 to pay the commission due. Referee: K. Edwards Date: 5 July 2023 Page 4 of 4 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 reh...

10. N Ltd v T Ltd [2024] NZDT 341 (25 May 2024) [pdf, 97 KB]

    ...https://www.legislation.govt.nz/act/public/1986/0121/latest/link.aspx?id=DLM311052 CI0301_CIV_DCDT_Order Page 2 of 3 7. In the email communications between the parties T Ltd stated that breach notices are enforced under contract law. N Ltd informed T Ltd that the driver had no authority to enter into a contract on the company’s behalf and provided supporting evidence. N Ltd also provided T Ltd with a copy of a Disputes Tribunal decision which canvasses the issue of a driver parki...