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1. KD v QX Ors [2019] NZDT 1605 (26 September 2019) [pdf, 201 KB]

   ...c. Is the amount claimed reasonable? Are QX & TX entitled to withhold [Company] monies from KD to offset other alleged liabilities? CI0301_CIV_DCDT_Order Page 2 of 5 4. When two parties exchange something of value a contract is formed. To be bound by a contract, both parties must be certain about the essential terms of the contract. In this situation, the parties agreed and signed a [Contract Agreement] on 20 February 2018. The agreement was to run from 1 June 2018 to 3

2. DS v HW [2023] NZDT 550 (6 October 2023) [pdf, 190 KB]

   ...addition, the consumer may also obtain damages from the supplier (s 32(c)). The Tribunal may award a refund of part, or all of the money paid for the services of the supplier (s 38). The Tribunal shall have regard to the value of any work or services performed by the supplier (s 39). 12. I have already found that DS has not proven that HW failed to provide his services with reasonable care and skill. I have also already accepted that the final delivery of the service was reasonable...

3. HH & HT v WT Ltd [2023] NZDT 22 (28 February 2023) [pdf, 197 KB]

   ...the time HH and HT booked their outing. It was not clear whether the “bottomless” refers to food or drinks and could have been misleading. 11. Had HH and HT known the “Bottomless Brunch” only applied to drinks they could have made an informed decision about where they wanted to have brunch. They did not have that opportunity. 12. HH and HT were misled; WT Ltd breached the Fair Trading Act 1986. WT Ltd accepts the information was unclear and advises me it has now amended i...

4. Z Ltd v P Ltd [2023] NZDT 604 (7 November 2023) [pdf, 230 KB]

   ...a consumer under the CGA. Was there a contract between the parties, and if so was it a term of the contract that the work would be carried out in an acceptable and tradesperson-like manner? 8. The Law of Contract provides that a contract is formed when there is offer, acceptance, consideration, and the parties intend to be legally bound. The terms and conditions of a contract should be clear and known to both parties because each parties’ rights and obligations under the contract...

5. Waitangi Tribunal theme A - Old land claims [pdf, 7.2 MB]

   . i I RANGAHAUA WHANUI NATIONAL THEME A OLD LAND CLAIMS D MOORE, B RIGBY, M RUSSELL JULY 1997 FIRST RELEASE WAITANGI TRIBUNAL RANGAHAUA WHANUI SERIES Other Rangahaua Whanui reports District reports District 1: Auckland (pt I) R Daamen, P Hamer, and Dr B Rigby; (pt n) M Belgrave District 5B: Gisborne, S Daly District 7: The Volcanic Plateau, B Bargh District 8: The Alienation of Maori Land in the Rohe Potae, C Marr District 9: The Whanganui District, S Cross and B Bargh...

6. [2017] NZEmpC 12 Stormont v Peddle Thorp Aitken Ltd [pdf, 193 KB]

   ...extend the time to file a reply? 1 Stormont v Peddle Thorp Aitken Ltd [2016] NZERA Auckland 28. Analysis [5] Section 237 of the Act provides that regulations may be made prescribing forms for the purposes of the Act and prescribing the procedure in relation to the conduct of matters before the Court. 2 Regulation 6 of the Regulations requires that the Court must dispose of any matter coming before it “as nearly as ma...

7. Sax v Commissioner of Police (Strike-Out – Privacy) [2022] NZHRRT 34 [pdf, 247 KB]

   ...force at the time the actions subject to this claim were taken. BACKGROUND Filing of claim and response [8] The alleged privacy breaches largely relate to actions by Police in 2011 and the earlier part of 2012. Ms Sax complains that personal information held by Police was inaccurate and that the failure of Police to correct that information and to publish it breached Information Privacy Principles (IPPs) 2 to 11. [9] The Office of the Privacy Commissioner (OPC) investigated a s...

8. BE & SI v CB [2021] NZDT 1713 (17 December 2021) [pdf, 106 KB]

   ...12-foot run-down caravan from CB for $1800.00 (initially for storing materials they were using for renovation of another caravan and with the later intention of doing-up and on-selling). They had previously purchased a 15-foot caravan from CB in May and formed a friendship – all parties were living in [City 1] at that time. BE and SI moved to [City 2] in early October 2021, having arranged with their landlord before they left for CB to take over their tenancy. 2. When the 12-foot car...

9. WTH Claims over $20k for a house - Chair's directions [pdf, 190 KB]

   Weathertight Homes Tribunal – Chair’s Directions (Standard Dwellinghouse claims) August 2015 page 1 of 9 CHAIR’S DIRECTIONS (for Standard Dwellinghouse claims) 1. Introduction 1.1 These directions are effective from 21 September 2015 and are issued pursuant to s114 of the Weathertight Homes Resolution Services Act 2006 (the Act). They set out the procedures which are to apply to applications for adjudication by the Weathertight Homes Tribunal for single dwellinghouse claims w...

10. T Ltd v MC [2023] NZDT 614 (23 November 2023) [pdf, 188 KB]

    ...accommodation arrangement is or is not a residential tenancy or boarding house arrangement. T Ltd was given until 24 July 2023 to provide confirmation from the Tenancy Tribunal as to the nature of the arrangement. 4. T Ltd did not provide any information in the Disputes Tribunal before 24 July and the matter was set down for further hearing in front of me.1 DI advised at the second hearing that he had contacted Tenancy Services after the previous hearing and was told this was not a mat...