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1. NI v T Ltd [2025] NZDT 123 (31 March 2025) [pdf, 143 KB]

   ...asked to do a pre-purchase inspection and the engine was checked as part of that inspection and no issues found. He said that a pre-purchase inspection is a visual inspection of the vehicle at the time of inspection. It is not a guarantee of future performance. He said NI had travelled over 2,400kms in the vehicle between the pre-purchase inspection and it being diagnosed as having a head gasket issue. CD said that issue could have happened at any stage, and it may not have been present at...

2. [2024] NZREADT 28 – CT v CAC 2106 & Ors (27 August 2024) [pdf, 179 KB]

   ...inspect the property on 26 October 2016. Both advised there were defects and recommended further inspection by an expert. Neither provided a written report. [9] ML met with CT on about 26 October 2016. They worked through the Disclosures form and other listing paperwork. ML said she was not aware of any defects that needed to be disclosed. The paperwork was left with ML who wanted it to be reviewed by a solicitor. [10] Following the two inspections, BT arranged (on behalf...

3. Keven Investments Limited v Arthur [2011] NZWHT Auckland 45 [pdf, 135 KB]

   ...contract dated 18 June 2007. Douglas Rodney Keven is the sole director of Keven and the person who entered into the agreement on behalf of the company. The property was purchased as an investment and the residential part of the property, which forms the subject matter of this adjudication, has been tenanted since Keven bought the property. WERE MR AND MRS MONTGOMERY DEVELOPERS? [9] Keven alleges that Mr and Mrs Montgomery were developers and as such they owe it a non de...

4. [2018] NZSSAA 23 (14 May 2018) [pdf, 203 KB]

   ...(in total). The adjustment concerned transactions with a third party. [4] The appellants were given the opportunity in the interim decision to provide any further information that might justify a different outcome. [5] The interim decision also requested that the Ministry determine the effect of the $1,792.15 adjustment to the quantum of income. [6] The interim decision indicated that failure to provide material justifying further examination of the issues, would result in the Aut...

5. BORA - Te Pire Whakahoki i a Kororipo Pa/Kororipo Pā Vesting Bill [pdf, 144 KB]

   ...through conferring rights or assets on Ngãpuhi that are not conferred on other people. An issue of discrimination will arise where there is differential treatment on the basis of a prohibited ground between people in comparable circumstances. This Bill forms part of the negotiations to settle the historical claims of Ngãpuhi, so other people who are excluded from the entitlements under the Bill are not in comparable circumstances for the purposes of discrimination. Whether the right in...

6. [2021] NZACC 31 - Reynolds v ACC (5 February 2021) [pdf, 206 KB]

   ...x-ray of the lumbar spine with the clinical indications being a back strain. Dr Parker said that there were degenerative changes present in the lumbar spine with small marginal osteophytes present at all levels. Accident in 2015 [4] In a claim form dated 16 June 2015, Mrs Reynolds claimed cover for a coccyx sprain suffered in an accident on 18 February 2015 when she was lifting furniture, lost her balance and hurt her back. ACC accepted cover for this injury. Dr Ajit Johri,...

7. IN & MG v NF Ltd [2022] NZDT 52 (16 May 2022) [pdf, 201 KB]

   ...what would happen in the event of a lockdown? b) If not, was the contract frustrated? c) What sum, if any, should be refunded? Did the parties agree what would happen in the event of a lockdown? 4. The common law of contract enables parties to form legally binding agreements. It is possible for parties to make provision for contingencies such as lockdowns in the terms of their contract. 5. However, the parties gave conflicting evidence about what was agreed. The applicants said tha...

8. LT v OT Ltd [2023] NZDT 356 (23 May 2023) [pdf, 185 KB]

   ...applicant how much access was needed to deliver a sofa of this size. Has the applicant repudiated the contract? 8. Section 36 of the CCLA sets out that where a party to a contract repudiates it by making it clear that they do not intend to perform their part of the contract, the other party may cancel. 9. In this case, I find that the applicant repudiated the contract by making it clear that she was not going to accept delivery of the sofa. The applicant told the Tribunal that...

9. T Ltd v ND [2024] NZDT 739 (22 August 2024) [pdf, 187 KB]

   ...QX knew the auctioneer had already flown down for the auction. 13. Accordingly, I find that ND is required to pay the auctioneer’s fee of $805.00. Referee: S Simmonds Date: 22 August 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 re...

10. NI v Q Ltd [2024] NZDT 407 (4 April 2024) [pdf, 200 KB]

    ...has agreed to do under the contract. 6. NI requested a quote from Q Ltd to move his belongings. Q Ltd indicated to NI that he should allow 5-6 hours depot to depot with three men. Given NI engaged Q Ltd after that estimate was given, I find that formed the basis of their agreement. 7. NI said he thought it would only take 3 to 3 and half hours as he had recently moved within town and that is how long it had taken on that occasion. However, NI did not indicate to Q Ltd that he thoug...