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1. Guo v PwC (Further Discovery) [2022] NZHRRT 6 [pdf, 309 KB]

   ...Minute dated 19 August 2021 at [19], both Ms Guo and PwC are in agreement the two applications now made by Ms Guo are to be determined on the papers, that is, without an oral, face to face hearing. Legislative changes [7] The information access request under IPP 6 which is at the heart of the present proceedings was made by Ms Guo in 2015 at a time when the then Privacy Act 1993 (PA 1993) had application. That Act was repealed from 1 December 2020 by the Privacy Act 2020 (PA 2020) w...

2. LCRO 168/2016 WT v MD (30 May 2018) [pdf, 269 KB]

   ...counterclaimed for the cost of damage to the building alleged to have been caused by the tenant. The landlord’s counterclaim was for a significant amount — $608,451 plus the cost of structural engineering advice. [17] By December 2011, Mr WT had formed the view, contrary to Mr PT’s advice, that [Company A] did not have a right to renew the lease and therefore could not sustain its claim that the landlord had repudiated the lease. He recommended that the claim against the l...

3. Black & Anor as Trustees for Lyn Black Family Trust v KW & KR Gutsell Building Ltd [pdf, 186 KB]

   ...manifesting itself on the internal wall surfaces. On the basis, it is recommended that cracking be addressed and repaired as follows. Where cracking exists to the plasterwork, the cracks should be raked out to allow a good keying bond to be formed. Apply a sealant acceptable to the coating system manufacturer to fully bond into the prepared cracking points and flush to make fully flush with the surface to be concealed after a new coating application is applied. The sealant shou...

4. TPPRR form 1 - Notice giving prescribed information for defendant served in Australia [pdf, 1.8 MB]

   Form 1 r 6 Notice giving prescribed information for defendant served in Australia SECTIONS 8(1)(A) AND 15 TRANS-TASMAN PROCEEDINGS ACT 2010 (NZ) IF THE PERSON TO BE SERVED IS NOT DESCRIBED IN THE INITIATING DOCUMENT AS A DEFENDANT, SUBSTITUTE THE CORRECT DESCRIPTION IN THE HEADING OF THIS NOTICE. Please read this notice and the attached document very carefully. If you have any trouble understanding them, you should get legal advi...

5. Wai 3300 2.6.027 Memorandum directions of Chief Judge Dr C L Fox addressing matters concerning the wānanga ā-rohe phase [pdf, 497 KB]

   ...Wairarapa. 14. Parties who have already indicated their intention to participate in the first wānanga but now wish to attend the Te Tai Tokerau wānanga instead should notify the Tribunal via memorandum by 5pm, Monday 4 November 2024. Wai 1140 request for remote attendance via audio-visual link (AVL) 15. Counsel for the Wai 1140 claim advised that their clients preferred to attend a wānanga closer to their rohe in Te Tai Tokerau, however they may be able to attend the first wānan...

6. PU v B Ltd [2024] NZDT 815 (4 December 2024) [pdf, 218 KB]

   ...Parties to a contract are bound by the terms and conditions agreed upon at the commencement of the contract. The contract entered into by PU includes two documents. The first is a signed document agreeing to the type of membership, with payment information and notification that [the gym] required 30 days notice of a cancellation. The second contains more information on the terms and conditions. CI0301_CIV_DCDT_Order Page 2 of 4 7. The terms and conditions document was not suppl...

7. DM v VN Trustees Ltd [2014] 723 ( 31 October 2014) [pdf, 146 KB]

   ...2013) and a final invoice for $3,422.40 on 7 May 2014 (for the period June to August 2013). Neither of these invoices has been paid by VN and DM claims their total of $6,182.40. [7] VN counter-claims on the basis that DM’s services were not performed with reasonable care and skill and that the design provided has resulted in additional building costs and other losses including time delays. It claims the losses suffered total $50,000.00 (amended at the hearing from the $75,000.00...

8. WHT - Introduction to the Weathertight Homes Tribunal [pdf, 1 MB]

   ...party. Expert witnesses Any party has the right to appoint an expert at their own expense. All expert witnesses must be independent and comply with the Tribunal’s Expert Witness Code of Conduct, which is online at justice.govt.nz/tribunals/wht/forms-and-guides Inspections and site visits Respondents and their expert advisors are entitled to inspect the claimant’s property. The timing and length of the inspection must be reasonable and arranged by appointment with the claimant...

9. LCRO 149/2023 HV v BQ (2 April 2024) [pdf, 401 KB]

   ...that the entire house needed fresh foundations whereas the defendants’ engineer said that only the eastern portion of the house needed fresh foundations as a result of the earthquakes. [28] One of the case preparation issues was that the applicant requested the respondent to obtain evidence from friends and family about the pre-earthquake condition of the house and the respondent objected to having to be involved in obtaining such evidence. I infer that this process took some time.

10. LD v EQ [2023] NZDT 522 (25 September 2023) [pdf, 188 KB]

    ...dismissed. Can LD claim his $500.00 uninsured loss? 15. As the claim is dismissed, I do not have to consider if the losses are reasonable, this claim is dismissed. Referee: K O’Shea Date: 25/09/2023 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...