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1. NL & UN v ME [2022] NZDT 88 (8 June 2022) [pdf, 180 KB]

   ...upon when bidding on the house. This report stated at page 15 that the concrete side wall of the carport was “structurally sound”. The following year a crack was identified in the wall and remedial work to stabilise the carport and the wall was performed. 2. NL and UN (the Applicants) claim $30,000.00 to repair the wall. 3. The issues to be determined are: a. Did ME exercise reasonable care and skill when he produced the pre-inspection report and was the report reasonably fi...

2. DX & QX v T Ltd [2023] NZDT 215 (27 April 2023) [pdf, 99 KB]

   ...to some degree, and had then sustained some static settlement over time. He did not consider that the degree of floor differential affected the structural integrity of the house, or made worse the likely CI0301_CIV_DCDT_Order Page 2 of 4 performance of the house and its foundations in the event of a significant earthquake. The second report, written by a representative of MT, stated that “.. we are of the opinion from a structural perspective that even though the foundation settlem...

3. JB v IQ [2023] NZDT 321 (12 July 2023) [pdf, 108 KB]

   ...an earlier rule on which rule 9.12 was based, namely reg 53 of the Traffic Regulations 1956. In Berrett v Smith [1965] NZLR 460, Hutchinson J held that reg 53 was designed to protect the purchaser, and that breach of reg 53 made the seller’s performance of the contract illegal, permitting the innocent purchaser to recover any amount paid in respect of the contract. On other hand, in Fenton v Scotty's Car Sales Ltd [1968] NZLR 929, Woodhouse J held that reg 53 was designed solely to...

4. SX v GO [2023] NZDT 686 (20 December 2023) [pdf, 107 KB]

   ...that an equivalent replacement vehicle could have been obtained in the market for less than the $15,000.00 [Valuation Services] valued SX’s car at, I do not accept the $8500.00 figure put forward by GO. That is because one [online] ad, missing key information such as mileage and description, is not sufficient to prove that SX’s vehicle was uneconomic to repair at the cost of $9343.84. CI0301_CIV_DCDT_Order Page 3 of 4 14. If the repair cost had been much closer to the for...

5. UH v D Ltd [2024] NZDT 45 (2 February 2024) [pdf, 179 KB]

   ...why UH found that disappointing. Conclusion: 15. For all these reasons D Ltd is to pay UH $1,500.00 in accordance with the terms of this order. Referee: Malthus Date: 2 February 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 reh...

6. HL & UL v FZ [2024] NZDT 730 (5 December 2024) [pdf, 192 KB]

   ...that repairs were reasonably competitively priced. 10. Accordingly, I find that FZ is liable for the cost of $4,684.81 as she caused the damage to the car. Referee: S Simmonds Date: 5 December 2024 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 r...

7. Legal aid disbursement policy review response - July 2012 [pdf, 317 KB]

   ...disbursement. Submissions No feedback was received on the incorporation of agents fees within fixed fees. The only feedback received related to obtaining prior approval for an agent’s fee, and timing issues that might arise for urgent requests for that approval. Our response In the new policy the cost of hiring agents will be managed through the existing fixed fee or through the agent’s legal aid rates. This is in line with criminal, family and civil (ACC) fixed fee cas...

8. [2022] NZEmpC 174 Ashby v NIWA Vessel Management Ltd [pdf, 279 KB]

   ...that it seemed likely that her relationship with the Master had become irreconcilably incompatible and that the breakdown was substantially attributable to Ms Ashby. [33] A meeting then took place on 24 September 2015, at which Ms Ashby again requested to be transferred to the second swing shift. [34] By letter dated 28 September 2015, NIWA Vessel advised that it did not consider a transfer to be a viable option, given that the crew she wished to be transferred to had worked w...

9. HU & DU v I Ltd & CJ Ltd [2024] NZDT 598 (9 August 2024) [pdf, 232 KB]

   ...they see fit. Reasons 1. HU and DU purchased an I Ltd [car] in July 2013. In August 2023 the vehicle required about $10,700.00 of transmission work. The vehicle had travelled about 112,000kms when this work was necessary. HU and DU were informed by the repairer that the transmission failed because all four tyres had not been changed at the same time during the life of the vehicle. Tyres on the vehicle that have different circumferences cause strain on AWD system and can lead...

10. Waitangi Tribunal - issue 46 of Te Manutukutuku [pdf, 2.9 MB]

    ...Director Fractionated Claims A s the demand for the resolutiou of claims through Treaty settlements increases, so too will the pressure on the Tribunal process increase. We have already seen an attempt to curtail the Tribunal process in the form of a Bill that proposes to stop the registration -of new c1aims and set a fi xed date for the completion of all claims. Although that draft Bill is unlikely to progress at this time, the pressure behind it will remain. Morris Love...