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1. XC v MG Ltd [2019] NZDT 1404 (1 May 2019) [pdf, 216 KB]

   ...Mr C taking possession of the aircraft. 7. However, whether Mr L advised Mr C of the unavailability of the thermostat between May and July 2018 is not relevant because contractually it had been provided for in October 2017 when the contract was formed. 8. As it was quoted for as far as Mr C was concerned but not provided, he is entitled to claim damages for the cost of fitting such a thermostat. I note that he has limited his claim to the installation costs of $491.63 and has cover...

2. NG v PT Ltd & OB Ltd [2022] NZDT 244 (18 October 2022) [pdf, 110 KB]

   ...Ltd’s workshop, the mechanic discovered that the alarm immobilizer was the cause of the engine cutting out. He cut the wires. NG, who was in a hurry to reach [City B], was able to travel in the van with her daughter the following day. 2. NG has requested an order for various amounts in her claim. I should say at the start that the request for costs of preparation of her claim and filing fees cannot be ordered. These are costs which the Tribunal is unable to order under section...

3. GN v MX B Ltd [2023] NZDT 286 (27 July 2023) [pdf, 186 KB]

   ...turn shunted into another car. However, it is necessary for me to consider the evidence of the applicant in support of the claim. 4. Z who attended the hearing by telephone as a representative of B Ltd, provided a copy of a self discharge record form Te Whatu Ora in [redacted]. 5. That document confirmed that MX suffers form Epilepsy, and although he discharged himself from hospital before he could be seen by a doctor, he had reported that he thinks that he “may have had a seizur...

4. LCRO 154/2023 FH and NH v WA, BF and DT Limited (28 February 2024) [pdf, 347 KB]

   ...while there was an outstanding complaint. [35] The firm says it was first advised of the complaint by email from the NZLS on 25 November 2022. This email is not on the Committee’s file provided to the LCRO’s office but I infer it included a request for the firm’s time and attendance records as there is an email from Ms WA to the NZLS providing those records on 1 December 2022. The formal notification letter from NZLS to the firm is dated 14 December 2022. The complaint [36...

5. The Proprietors of Maraeroa C v NZ Forest Products Ltd (2007) 121 Waikato MB 258 (121 W 258) [pdf, 4.1 MB]

   ...possession of Maori freehold and in my view, that must include situations where the applicants before the Court claim that a lessee no longer has possession of the land. [29] However, if! am wrong in that regard I still do not consider that the form of the order sought in paragraph l(a) is such that the claim should be struck out. The applicants are seeking recovery of possession of the land under section 20(d) of the Act. That order is premised on the allegation that NZFP has parte...

6. Timmo v ICL NZ Limited (Strike-Out) [2023] NZHRRT 23 [pdf, 142 KB]

   ...DECISION OF TRIBUNAL STRIKING OUT THE CLAIM1 [1] Mr Timmo’s claim is an Information Privacy Principle 6 case (access to personal information). Specifically, Mr Timmo alleges that ICL NZ Ltd interfered with his privacy when it responded to Mr Timmo’s requests for his personal information made on 7 August and 8 September 2020. [2] Mr Timmo complained to the Office of the Privacy Commissioner and, subsequently, on 28 April 2021 filed his claim in the Tribunal. [3] There has been no action...

7. Enviro Waste Services Ltd v Accident Compensation Corporation (Claim for Work Related Injury) [2024] NZACC 28 [pdf, 208 KB]

   ...Held at: Auckland/Tāmaki Makaurau Appearances: S Cook and M Smith for the Appellant K Anderson for the Accident Compensation Corporation (“the Corporation”) Judgment: 14 February 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for deemed decision - ss 135, 146; claim for work-related personal injury – ss 28 and 30, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 28 February 2023....

8. TD Ltd v SC Ltd [2023] NZDT 624 (21 November 2023) [pdf, 195 KB]

   ...at the time they left the job? • Did TD Ltd fail to follow detailed fixing plans or site instructions with respect to the method of fixing the deck framing to the house, and/or should TD Ltd have known that they would be required to provide information/evidence of the fixing method used to the site engineer for the purposes of his PS3 for Council? CI0301_CIV_DCDT_Order Page 2 of 7 • On the counter-claim, what deductions are warranted from the amount invoiced by TD Ltd? �...

9. AS v YC Ltd [2022] NZDT 75 (9 June 2022) [pdf, 239 KB]

   ...teleconference. As calls made to the number provided went unanswered, the hearing proceeded in their absence. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: K. Edwards Date: 9 June 2022 Page 4 of 4 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...

10. MD v EQ [2024] NZDT 592 (5 September 2024) [pdf, 184 KB]

    ...crossing and also riding further from his car (eg 1.5m) the collision would not have occurred, and he would not have sustained damage to his vehicle. 9. Rule 7.2 is a legally bound duty that drivers must follow. The [International driving website] information and the [NZ driving website] information is provided for cyclists to ride more safely but they are not New Zealand law. One might argue it was prudent for MD to be taking account of these safe riding guides, but they are not legall...