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1. 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...

2. 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...

3. 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.

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. 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...

6. 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...

7. 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...

8. K Ltd v SK & TK [2023] NZDT 651 (10 November 2023) [pdf, 235 KB]

   ...the terms of the contract? 4. A contract is an agreement that the parties intend to be legally bound by. It involves an exchange of promises and becomes binding when the parties agree on clear and certain terms. 5. I find that the contract was formed when SK and TK accepted the proposal for the [redacted] pool on 1 September 2022 and SK signed the Swimming Pool Installation Agreement. This stated that the estimated time for completion from commencement of excavation would be 2 - 3 we...

9. KD v QM [2023] NZDT 507 (9 October 2023) [pdf, 209 KB]

   ...TRIBUNAL District Court [2023] NZDT 507 APPLICANT KD RESPONDENT QM The Tribunal orders: The claim is dismissed. Reasons: 1. On 18 January 2022, KD filed a claim against U Ltd and B Ltd for alleged defective work B Ltd performed when building a conservatory for KD’s father in 2007. During the course of the hearings on the claim, U Ltd was struck out as a party. An order was made on 8 June 2022 that B Ltd was to pay KD $11,127.50 on or before 30 June 2022....

10. [2022] NZEmpC 95 Kingipotiki v Taplin [pdf, 220 KB]

    ...freezing order over a portion of the net sale proceeds of the farm that will be held by the Trustee’s solicitor in their trust account once settlement occurs. [5] The grounds of the application can be generally stated. Each of the applicants’ claim breaches of the Employment Relations Act 2000 (the Act), the Holidays Act 2003, the Minimum Wage Act 1983 and the Wages Protection Act 1983. [6] Essentially the claims are that each of the applicants is owed a substantial sum o...