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1. Te Manutukutuku Issue 20 [pdf, 2.7 MB]

   ...hui be called. The Tribunal urged that the first objective of the hui should be to decide on the criteria for appointment of the commissioners and only then should it move on to the selection of possible candidates. The Tribunal did not make a formal recommendation on the role of the Maori negotiators in the selection of commission members. However, it urged the minister to use the negotiators for advice on criteria for appoint­ ment, but, because the Maori negotiators were appointed...

2. U Ltd v T Ltd [2024] NZDT 627 (5 September 2024) [pdf, 184 KB]

   ...ongoing basis (for which T Ltd paid a monthly fee of $1,950.00) in support of her claim that the contract includes the provision of ongoing SEO work. In particular, she refers to the statement “2x weekly management, which will improve your performance and ranking in Google”. DD explained that this refers to the management of the Google ads created for T Ltd, not to any SEO work. I accept his evidence in this regard. 8. I therefore find that T Ltd has not established that the ser...

3. UC v K Ltd [2024] NZDT 426 (17 June 2024) [pdf, 188 KB]

   ...that no administration fee is refundable since it appears none was paid by him. 16. Because the claims are all dismissed, there is no need to discuss issue 3. Referee: M Wilson Date: 17 June 2024 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 a rehe...

4. FD v WJ Ltd & LD Ltd [2015] NZDT 1465 (10 December 2015) [pdf, 147 KB]

   ...itself be provided with reasonable care and skill, even if there is no extra charge for that advice. Section 29 of the CGA provides that services must be reasonably fit for any purpose the consumer makes known to the supplier before the contract is formed, unless the circumstances show that the consumer does not rely on the supplier's skill or judgment, or it would be unreasonable for the consumer to do so. 12. Based on the evidence before me, WJ through its agent LD failed to take...

5. MN v O Ltd [2024] NZDT 130 (15 April 2024) [pdf, 214 KB]

   ...law of contract apply to this dispute. 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. The terms of a contract are formed at the beginning, not at the end. A contract can be in writing, oral or a mixture of both. Variations to agreements can be made in the same manner. Subsequent actions of the parties can show that parties confirm their intention to be boun...

6. [2022] NZEmpC 68 KAQ v Attorney-General [pdf, 244 KB]

   ...Act provides that “[a]ny person may have access to court information of a senior court to the extent provided by, and in accordance with, rules of court.” As the Rules make clear, the Court may adopt a range of procedures for dealing with a request and any objections, including on the papers, which is the approach I consider appropriate in this case.2 [7] The Rules provide a general right of access to the formal Court record;3 there is no general right of access to other doc...

7. Atkins & Ors as Trustees of the Bruce Family Trust v North Shore City Council [pdf, 284 KB]

   claim-01505.doc Claim No: 1505 Under the Weathertight Homes Resolution Services Act 2002 In the matter of an adjudication claim And Peter Bruce Frederick Atkins, Peter Bruce Frederick Atkins and John Richard Muller as trustees of The Bruce Family Trust Claimants And North Shore City Council First respondent And Grant Williams Second respondent And Jason Williams Third respondent And Grant Williams and Jason Williams and Desmond Sarjant Williams as trustee...

8. EN v SQ [2020] NZDT 1442 (27 May 2020) [pdf, 210 KB]

   ...commenced in about July 2017, and it has still not been completed (as at the date of the hearing). That is about two years and ten months since the work was commenced. SQ claimed that he had asked EN a question, which he said would provide crucial information, about whether the vehicle was registered or whether the registration was suspended. He claimed that he could not complete the work without an answer to this question, because “it may not have been worthwhile doing the work”....

9. KQ & WQ v EN & MN [2021] NZDT 1439 (27 April 2021) [pdf, 161 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 6 d) If not, should KQ and WQ be entitled to relief under s 18(6) of the DTA? Are KQ and WQ entitled to a refund for the arborist works under the contract? 7. The general law of contract applies. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end. What was agreed is looked at objectively, i...

10. J Ltd v KG [2023] NZDT 75 (21 February 2023) [pdf, 190 KB]

    ...itself. [8] The application is dismissed. The applicant is now prevented from pursuing any further claim against the respondent under the assigned debt. Referee: Hannan DTR Date: 21 February 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 a...