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1. BD v EX [2022] NZDT 293 (10 August 2022) [pdf, 152 KB]

   ...reasonable care and skill. For BD to succeed they must show on the balance of probabilities that EX did not use reasonable care and skill in constructing the deck. 6. Reasonable skill and care is the usual standard that a competent tradesperson performing the task would do. 7. Section 7 of the CGA applies to the deck (which is a good as that term is defined in the CGA). When a person manufactures or supplies a good then the good must be of an acceptable quality, this means it must b...

2. BW v TC [2024] NZDT 511 (31 July 2024) [pdf, 178 KB]

   ...that a driver must not pass on the right of another vehicle moving in the same direction when approaching or crossing an intersection unless that driver’s vehicle does not encroach on the lane for the opposing traffic, or if the moment can be performed safely. 5. The CCTV footage shows that BW rode very slowly into the intersection and was on the far right of his lane. BW did not know if he indicated his intention to turn right before he entered into the intersection, but agreed...

3. FT v X Ltd [2024] NZDT 708 (20 August 2024) [pdf, 125 KB]

   ...where this involves an element of betterment, e.g., where the damaged item has to be restored to a higher standard due to regulatory changes. 16. That is not the case here. FT could have taken the option of having the retaining wall returned to its former condition at no cost to her. However, had she done so, the expenditure would have been wasted if the reinstated wall later had to be replaced with an engineer-designed wall when the driveway was installed. Instead, she took the sensibl...

4. ET & JT v AQ [2024] NZDT 295 (13 May 2024) [pdf, 128 KB]

   ...photographs of the damage to [car 1] shows damage on the left rear through to the left wheel. The photographs of the damage to [car 2] shows damage to the front right side of AQ’s car. 10. AQ was either travelling too closely to be able to perform the manoeuvre safely or to avoid a collision if [car 1] braked suddenly. The photographs evidence this. In fact, given the damage to the cars it is more likely than not that [car 1] did not brake suddenly. In any event as I have said above...

5. VH Ltd v KI [2024] NZDT 386 (24 June 2024) [pdf, 97 KB]

   ...APPLICANT VH Ltd RESPONDENT KI The Tribunal orders: 1. KI is not liable to pay the sum of $13801.15 to VH Ltd. 2. VH Ltd’s claim is dismissed. Reasons: 1. This dispute arises as a result of email hacking, more formally known as business comprise (BEC) fraud. In September-October 2023 VH Ltd carried out landscaping work on KI’s property. 2. On 4 October 2023 VH Ltd sent KI an invoice for $13801.15 for the final payment of the landscaping w...

6. [2022] NZACC 114 – Jamieson v ACC (15 June 2022) [pdf, 152 KB]

   ...(disbursements) incurred in pursuing his appeal, such as travel costs to a hearing, printing costs for preparing a bundle of documents, or the cost of obtaining a medical report for the appeal. Mr Hawes-Gandar did not receive a response to this request. [6] On 10 June 2022, Mr Hawes-Gandar filed a memorandum, submitting that there was no basis on which to make any costs order in favour of Mr Jamieson. Discussion [7] As noted above, Mr Jamieson has claimed financial compensation/rep...

7. Bell v Shadforth [2018] NZIACDT 1 [pdf, 109 KB]

   ...include any material from a medical practitioner. The information is not in itself sufficient to have any bearing on whether the Tribunal should uphold the complaint. Potentially, it could have some relevance to sanctions. [14] Ms Shadforth has requested that the information not be disclosed to the complainant. Given the irrelevance of the information to making the determination as to whether to uphold the complaint, no further action will be taken regarding that material at this po...

8. Submit invoices & timesheets

   ...keep your receipts or taxable supply information, and submit this along with your reimbursement claim as this is required as proof of expenditure. Taxable supply information includes tax invoices, but it can also include information held in other forms, such as receipts and bank statements. We accept both digital and paper taxable supply information. Please include a description of the expense on the invoice. The description must include the date, description of the travel, cost, and suppl...

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9. [2020] NZEmpC 85 Labour Inspector v Cypress Villas Ltd [pdf, 184 KB]

   ...offer as containing a monetary offer as well. I do make the comment, however, that the reference to the offer at mediation in paragraph [1] of the letter containing the Calderbank offer breaches s 148 of the Act, as it reveals confidential information from the mediation. In the circumstances, however, I consider that was nothing more than an inadvertent breach. So far as the sworn affidavit was concerned, the letter containing the Calderbank offer also annexed a draft form of t...

10. Livingstone v Animal Health Board — Lake Rotoaira Forest Lands (2009) 245 Aotea MB 124 (245 AOT 124) [pdf, 133 KB]

    ...consideration are whether it is still appropriate to grant an injunction as sought, whether the Board has acted in contempt and whether costs are now properly payable. Background [4] By application received on 24 July 2009 the Animal Health Board requested the Registrar to convene meetings of beneficial owners for Mangahouhou 1, Oraukura 1, Waihi Kahakaharoa 8A, 8B and Waipapa 2B 2A. The purpose of the proposed meetings was to consult with the owners about a proposed 1080 drop. [...