Search Results

1. 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...

2. 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...

3. 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...

4. LS v T Ltd & BU [2025] NZDT 124 (3 April 2025) [pdf, 185 KB]

   ...2004 (“LTR”) explains the rules that all drivers must abide by in New Zealand. 12. There is no specific reversing offence in the Land Transport Act 1998 or the LTR. However, the Courts have recognised that a driver who is reversing is performing “an unusual manoeuvre” and have placed upon the reversing driver an obligation, although not absolute, to take care that nothing is likely to be struck while reversing. 13. LS said he was parked in one of the [Shop] car parks near...

5. SQ v UI [2023] NZDT 351 (10 August 2023) [pdf, 108 KB]

   ...between the parties? b) Whether UI owes any monies to SQ? c) Whether SQ is entitled to the transfer of the boat named [boat name]? 5. The relevant law is that of contract. Whether there was a contract between the parties? 6. A contract is formed when both parties decide to exchange something of value, creating an obligation to perform a particular duty which is legally enforceable. The terms of the contract define the rights and obligations of the parties. 7. A breach of c...

6. 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...

7. 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...

8. 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...

9. [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...

10. Establishment of Canterbury Earthquakes Insurance Tribunal [pdf, 257 KB]

    ...Insurance Tribunal (“the Tribunal”), as committed to in the Labour Party’s 2017 election manifesto, to provide an alternative pathway for claimants, the Earthquake Commission (EQC) and insurers to resolve outstanding earthquake-related insurance claims. Executive Summary 2 The 2010 and 2011 Canterbury earthquakes generated insurance claims in relation to over 167,677 residential properties. 98% of these claims have settled. However, seven years on, 2% of claims remain unresolve...