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1. MX & YR v D Ltd [2023] NZDT 465 (16 August 2023) [pdf, 197 KB]

   ...second container meant that a cubic metre rate of $150.00 +GST would be charged. They protested the rate but confirmed the loading and it was only at that point that D Ltd booked the freight (the timing is evidenced by their ferry freight booking form provided). MX and YR paid the invoice of $2550.00 (which had been reduced to $150 incl.GST) for the second container and it was delivered to them on 14 April 2023, having shipped on 12 April 2023 (there was a delay from 4 April 2023 to 12 Ap...

2. LC & SC v TB [2025] NZDT 83 (5 March 2025) [pdf, 187 KB]

   ...The consumer protection provided by legislation such as the Motor Vehicle Sales Act 2003, the Fair Trading Act 1986, and the Consumer Guarantees Act 1993 does not apply. 9. In a private sale, the seller does not have any legal duty to provide information about the goods, and there are no implied guarantees of quality or fitness for purpose. CI0301_CIV_DCDT_Order Page 2 of 3 10. The only arguable legal basis for the claim is misrepresentation. 11. A misrepresentation is...

3. Directory of Official Information S-U [pdf, 1.2 MB]

   Directory of Official Information Listings S-U About This is a living document. We endeavour to update it whenever there are changes to be made. If your department or agency’s information is out of date, please email oia@justice.govt.nz with the necessary amendments. We can send you a MS Word version if you need. Ministerial Relations and Services Strategy, Governance & Finance Ministry of Justice | Tāhū o te Ture oia@justice.govt.nz ma

4. HJ v IK LCRO 127/2015 (19 February 2016) [pdf, 128 KB]

   ...comments made in correspondence that implied she had “deliberately filed a false affidavit and … had lied to and misled the Court through the evidence [she] prepared and that [she] was lying to [the solicitor] concerning the existence of information on [her clients’] previous lawyer’s file, and that [she] was claiming privilege improperly”. 1 Standards Committee determination 12 May 2015 at [16]. 2 Lawyers and Conveyancers...

5. [2023] NZEmpC 153 Joyce v Ultimate Siteworks Ltd [pdf, 213 KB]

   ...of the second amended statement of claim. [27] The application for a partial strike out fails. Ultimate Siteworks seeks disclosure of certain documents [28] Ultimate Siteworks served Mr Joyce with a notice requiring disclosure. That notice requested copies of documents including bank statements, correspondence between Mr Joyce and various prospective employers, mobile phone records between Mr Joyce and prospective employers, records relating to Mr Joyce’s earnings during the...

6. LCRO 18/2017 LK v NM [pdf, 233 KB]

   ...PO Box address for service on the plaintiff’s lawyer; (b) contended that it was out of the control of the chambers, if a notice of hearing was returned to the court; (c) confirmed that Mr XW was not the counsel acting on the file; and (d) requested that the hearing be allocated a new date. [95] There was no appearance for Mr NM. [96] The Court struck out Mr NM’s judgment, discharged the charging order that had been obtained to secure the judgment and awarded substantial cost...

7. WHT - Guidelines for self represented respondents on documents required for hearing [pdf, 75 KB]

   Page 1 1 Response All respondents are required to file a written response to the claim. The response is not just a statement of defence. It should contain sufficient information to clearly inform the claimant and the other parties of the legal and factual basis of any disputes the respondent has with any part of the claims being made. It should also detail any defences and any claims being made against other parties. In particular, a response needs to set out:...

8. LCRO 91/2019 CL v BK and AM (31 August 2021) [pdf, 328 KB]

   ...associate, and partner respectively at [ABC], Lawyers (the firm). [2] The Committee determined that (a) Mr BK failed to act competently for Ms CL on the purchase of a residential property by not advising her of the risks of not obtaining a Land Information Memorandum (LIM), and a building report, and (b) Mr AM failed to competently supervise and manage Mr BK’s work. [3] Ms CL says on 16 September 2013, after viewing for the second time a residential property with a cross lease...

9. [2011] NZEmpC 7 Smith v Life to the Max Horowhenua Trust [pdf, 94 KB]

   ...volume of material from his instructing solicitors and had not examined it thoroughly to see whether the documents he wished to see were there. I suggested to Mr Drummond that he should diligently search the documents he or the defendant has before requesting further copies from the plaintiff. If such a request was necessary, the plaintiff should respond but the cost of doing so would be taken into account when fixing costs. Discussion [13] I can only conclude from the issue ov...

10. KC v KZ [2024] NZDT 421 (30 April 2024) [pdf, 205 KB]

    ...the photos attached to the [online] advert. The tyres were clearly visible to all prior to purchase. 27. For these reasons, this claim is dismissed. Referee: P Byrne Date: 30 April 2024 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 r...