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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. Montgomery [2010] NZWHT Auckland 32 [pdf, 85 KB]

   ...notice of the decision. On receiving such an application I must decide whether or not the claim meets the eligibility criteria. [4] I have considered the following documents in conducting my review: The application for review and attached information. The letter from Nigel Montgomery dated 20 October 2010. The assessor’s report dated 26 July 2010. The letter from Scott Murray of the Department of Building and Housing to the claimants dated 28 September 2010 ad...

3. Smith v Wellington City Council [pdf, 146 KB]

   ...estimates were prepared in July 2005, and the Owners have asked that an 8% increase be added to these estimates to accommodate the rises in the costs of labour, materials and building generally since July 2005. I think that this is a reasonable request, and it is in line with my own knowledge of current building costs. This increases the repair costs from $137,812.50 to $148,837.50. 6.6 Betterment. Ms Divich made submissions on the need to reduce the amount of remedial costs...

4. [2022] NZEmpC 189 Carver v Metallic Sweeping (1998) Ltd [pdf, 184 KB]

   ...time for allegedly failing to make material disclosures when he was re-employed. [10] At the hearing Mr Carver explained that the purpose of his application for leave was not to seek any order relating to his second dismissal. It was a request for time to enable him to gather evidence to support his claim relating to the first dismissal. Submissions about Mr Carver’s application proceeded on that basis. Discussion [11] Mr McGinn, counsel for Metallic, submitted that...

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. Chief Executive, Ministry for Culture and Heritage - Tāonga Tūturu found at Plimmerton (2012) 283 Aotea MB 166 (283 AOT 166) [pdf, 202 KB]

   ...determination of ownership of a täonga, a pounamu heitiki, found by Noel Comerford at Plimmerton Beach, north of Porirua, Wellington. It is currently held at Te Papa Tongarewa. Following a process of notification Te Rūnanga o Toa Rangatira Inc now claims that it is the appropriate body in which to vest ownership of the heitiki. [2] Mr Comerford objects to this claim. He says that ownership for his lifetime is the only acceptable outcome. He also says that he does not want the t...

7. 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...

8. 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...

9. Head Heights Ltd [2011] NZWHT Auckland 6 [pdf, 87 KB]

   1 [2011] NZWHT AUCKLAND 6 UNDER the Weathertight Homes Resolution Services Act 2006 IN THE MATTER of a reconsideration of the Chief Executive’s decision under section 49 CLAIM NO. 6374: HEAD HEIGHTS LIMITED – 46 LAGOON WAY, WEST HARBOUR ELIGIBILITY DECISION OF THE CHAIR OF THE WEATHERTIGHT HOMES TRIBUNAL The Claim [1] Head Heights Limited is the owner of a house at 46 Lagoon Way, West Harbour. While not disputing that the house...

10. Clearwater Cove Apartments Body Corporate 170989 v Auckland Council [2011] NZWHT Auckland 39 [pdf, 389 KB]

    ...GARAGES PART OF THE RESIDENTIAL UNITS? [27] The Clearwater Cove residential apartments each have a garage as an ancillary unit. There are four garages attached to the main building where the residential units are located and another 12 garages form a separate and distinct L-shaped structure. The Council submits that none of the garages fell within the jurisdiction of the Act8. For the reasons that follow we found that the claimant has only proved the existence of weathertigh...