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1. EU v UX [2023] NZDT 313 (23 June 2023) [pdf, 188 KB]

   ...a total of $14,950.00 to have the work completed by another supplier, whereas the unpaid balance of the contract price was only $8,387.00. The amount required to put the consumer into the position he would have been in if the contract had been performed is therefore $6,563.00. This exceeds the amount claimed, and no more than the $4,990.00 notified to the supplier can be awarded without adjourning to give further notice. For these reasons, I find that the supplier must pay $4,990.00 to the...

2. What happens at a hearing

   On this page: Hearing location Who should attend the hearing Who can give evidence Evidence that can be presented What happens at the hearing What you should bring to the hearing Requests for adjournments Hearings are held in public and usually take 1 to 2 hours, depending on how complex the case is. The Tribunal also has the power to hear cases on the papers. If all parties agree to this process then that means you do not have to attend a formal hearing in a courtroom and the Tribunal c...

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   1. Tribunals >
   2. Motor Vehicle Disputes Tribunal >
   3. What happens next

3. Liu & Anor v Auckland Council & Ors [2013] NZWHT Auckland 25 [pdf, 257 KB]

   ...Tomov v Auckland Council [2012] NZWHT Auckland 34. 4 hearing the claimants withdrew their claim against these respondents and they are therefore removed. The agent, Kim Robinson, gave evidence at the hearing after being summoned at the request of the Council. [6] The sixth respondent, PBS Distributors Limited (PBS), supplied the Ventclad cladding system to MHD. PBS complied with orders for discovery but took no other steps and did not appear at the hearing. PBS went i...

4. [2010] NZEmpC 129 Metallic Sweeping (1998) Ltd v Ford [pdf, 64 KB]

   ...COUCH [1] This case raises three interrelated issues. The first is how the Court can conduct a de novo hearing of a costs determination made by the Employment Relations Authority. The second is the extent to which the Court should call for information when a defendant fails to take any steps in the proceeding. The third issue is the manner and extent to which a party’s financial circumstances should be taken into account in making an award of costs. [2] Ms Ford was employe...

5. SX v SD Ltd [2022] NZDT 208 (24 November 2022) [pdf, 94 KB]

   ...supplier fails to do so, one of the options available to the consumer is to cancel the contract. In the case of goods, the consumer can obtain a refund of what they have paid; in the case of services, cancellation stops the obligation for further performance but does not necessarily require a full refund of payments made up to that point. 9. SD Ltd provided information about the materials used in the contraction of its cabins. It disputes that there was a chemical odour and says t...

6. Family Legal Advice Service Operational Policy v1.8 June 2018 [pdf, 1 MB]

   ...Operational Policy for providing early legal advice for disputes under the Care of Children Act 2004 Family Legal Advice Service Operational Policy v1.8 July 2018 Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and ful...

7. BORA Ngāti Tamaoho Claims Settlement Bill [pdf, 248 KB]

   ...was consistent with arts 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.3 Whether s 27(3) at issue 8. Clause 25(3) of the Bill excludes damages or other forms of monetary compensation as a remedy for a failure of the Crown to comply with a Crown minerals or taonga tūturu protocol. If the Crown fails to comply with a protocol without good cause, the Ngāti Tamaoho trustees may enforce the protoc...

8. Ngati Maru (Taranaki) Claims Settlement Bill [pdf, 918 KB]

   ...articles 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.' Exclusion of remedy of compensation 9. Clause 26(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with a protocol under the Bill. 10. This clause might be seen to raise the issue of consistency with s 27(3) of the Bill of Rights Act, namely the right to bring c...

9. Form-208-Filing-a-financial-statement-of-judgment-debtor-individual-FINAL-9-December-2024.pdf [pdf, 428 KB]

   MOJ208/04/23 Ministry of Justice Collections Unit www.justice.govt.nz/fines/about-civil-debt/ 0800 233 222 PAGE 1 OF 13 INDIVIDUAL When should I use this form? This form lets the judgment creditor find out more about a judgment debtor’s ability to pay a judgment debt. It also lets the judgment debtor provide information so that a financial assessment can be completed without a hearing being required. Use this form if all the following apply: • you are either the judgment credit...

10. FB Ltd v HE & QE [2023] NZDT 676 (6 December 2023) [pdf, 172 KB]

    ...payment of the outstanding account. 66. Accordingly, the Tribunal finds that the counterclaim must be dismissed. Referee: L. Mueller Date: 6 December 2023 CI0301_CIV_DCDT_Order Page 7 of 7 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...