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1. 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...

2. 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...

3. 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...

4. 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...

5. Morton v Marshall [pdf, 46 KB]

   ...the Claimants’ premises allowed water to penetrate the dwellinghouse thereby making it a “leaky building” as defined in the Act. The alterations were carried out less than 10 years ago and resulted in damage to the dwellinghouse. [2] Formal mediation was not attempted but rather the Claimants completed and filed a Notice of Adjudication dated 15 September 2005, naming as the sole Respondent Michael Marshall who is identified as the “builder”, and sought the sum of $15,...

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. Canterbury Earthquakes Insurance Tribunal 28 February 2018 [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...

8. OIA-118936.pdf [pdf, 3.3 MB]

   Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 ContactUs@justice.govt.nz | www.justice.govt.nz 28 March 2025 Ref: OIA 118936 Tēnā koe Official Information Act request: Reform of the Limitation Act 2010 Thank you for your email of 24 January 2025 requesting, under the Official Information Act 1982 (the Act), information regarding reforms to the Limitation Act 2010 in respect of historic claims of abuse in care. Specifically, you...

9. RM ND and DD v EQC & VERO Insurance New Zealand Ltd (costs) [2023] CEIT-2019-0074 [pdf, 128 KB]

   ...argued that it was entitled to decline the claim or avoid the policy for breach of the “statements exclusion” in the policy. [15] The correctness of statements and fraud exclusion in the policy states: The proposal, application or declaration form is the basis of this contract. All statements made by you or on your behalf on any of these forms or otherwise in support of this policy must be complete and correct in all respects. If any claim under this policy is supported by a...

10. 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...