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1. DQ v Z Ltd [2021] NZDT 1634 (2 July 2021) [pdf, 228 KB]

   ...for inspection. They did not communicate with or consult with DQ over its disposal or tell him prior that they may potentially dispose of it after the inspection. 18. Further I do not accept that Z Ltd’s collection of the item for inspection formed part of the original contract of carriage. That carriage was at an end once the toilet was delivered to DQ. Therefore Z Ltd’s terms and conditions did not apply beyond that time. 19. The tort of conversion occurs when one party inte...

2. KQ & OS v TN Ltd [2024] NZDT 244 (25 March 2024) [pdf, 221 KB]

   ...basis for such an award given that there has been no breach of the contract by KQ and OS in this case. 40. For these reasons the counterclaim is dismissed. Referee: L Trevelyan Date: 25 March 2024 Page 6 of 6 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...

3. BB v NC [2024] NZDT 127 (16 April 2024) [pdf, 204 KB]

   ...because of the leaking that resulted from the faulty drainage system that had previously been installed. [22] Thus, NC must pay BB $28,874.06. Referee: C Hawes Date: 16 April 2024 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 rehe...

4. Matchitt v Whangara B20 Incorporation - Whangara B20 (2006) 168 Gisborne MB 126 (168 GIS 126) [pdf, 486 KB]

   ...Finally, the evidence for the committee was that the house was uninhabitable, derelict and unsafe for occupancy so they moved to stop habitation on 18 March 2005. It was Dr Te Momo's evidence that the state of the homestead was the ground for requesting that the Matchitts vacate the property on 23 March 2005. The Court noted the committee did not have before it a professional repOlt when they concluded that the house was uninhabitable. A further letter to vacate was issued on 6 May 2...

5. Langston v Accident Compensation Corporation (Claims process) [2024] NZACC 93 (30 May 2024) [pdf, 214 KB]

   ...a decision has been made can there be a right of review and if no right of review exists then s133(5) has no application. ... The substance [of the communication in question] has to be analysed.” … [47] … merely administrative issues and requests, do not amount to a ‘decision’ within the meaning of s.6 of the legislation. Whether a ‘decision’ has been made needs to be determined in the factual context and circumstances. [25] In Scoullar,4 Beattie DCJ stated: [16] I...

6. TT v BB Ltd [2022] NZDT 152 (13 September 2022) [pdf, 183 KB]

   ...Accordingly, the claim for declaration of nonliability for fees claimed by the respondent, including [accounting software] fees, is granted. Referee: P McKinstry Date: 13 September 2022 Page 2 of 2 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...

7. Newbury & Ors [2011] NZWHT Auckland 3 [pdf, 91 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 assessor’s report dated 10 August 2010. The letter from John Bansgrove of the Department of Building and Housing to the claimants dated 6 October 2010 advising that the Chief Executive had decided that the claim...

8. Okaia Trust [2011] NZWHT Auckland 22 [pdf, 90 KB]

   ...certificate until some time after the date of the final inspection. In such cases the reasons for the delay in issuing the CCC are relevant. Ultimately however a decision as to when a house is built is a matter of judgment based on all the information that is available to the decision maker. [10] Lang J also considered the effect of s43(1) of the Building Act 1991 which provides as follows: 43 Code compliance certificate (1) An owner shall as soon as practicable advi...

9. 31 October Legal Aid News [pdf, 195 KB]

   ...provider contract renewal Update on changes to the administration of legal aid Electronic signature requirements Pre-hearing matters Complying with the Court of Appeal ‘Criminal Electronic Document Protocol’ Delegation of work Legal aid forms – New installer package available for downloading Changes to the reassessment/ reconsideration process Queries? Legal aid provider contract renewal The renewal process for the new Provider Contract for Services is well under way....

10. [2014] NZEmpC 213 Hixon v Campbell and Ors substantive [pdf, 264 KB]

    ...employee records of a number of AHV’s employees to him. 1 Hixon (Labour Inspector) v Campbell [2014] NZERA Christchurch 4. 2 28 April 2014. These included copies of job application forms, employment agreements, and tax forms. Mrs Campbell also provided Mr Hixon with a summary of wages and deductions in respect of individual employees. Whilst these records were incomplete, he was able to compile a schedule of tool allow...