Search Results

1. M Ltd v KC [2023] NZDT 26 (2 February 2023) [pdf, 145 KB]

   ...the Tribunal has the onus of proving his or her claim/counterclaim on the civil standard of proof which is the balance of probabilities (that is, that it is more likely than not). I would like to reassure the parties that I have considered all the information and evidence presented by them when making my determination on the issues, but this order only refers to essential evidence and information material to the issues and is not intended to be a full record of the hearings or of the infor...

2. Te Manutukutuku Issue 37 [pdf, 5.7 MB]

   Haralua/Pipiri 1996 Number 37 May/ June 1996 Taranaki claims could be largest T he Taranaki claims, grouped to­ gether, 'could be the largest in the country', according to the interim Taranaki report. The report states that 'there may be no others where as many Treaty breaches had equivalent force and effect over a comparable time.' The Tribunal estimates the area of lands wrongfully expropriated at just under two million acres. The report also states that the

3. IS v TM [2023] NZDT 270 (25 May 2023) [pdf, 186 KB]

   ...amount of rubbish from the property at her own expense, and had done a significant amount of cleaning, leaving the place tidier than when she moved in. She also argued that she had no obligation to cover the cost of another room, that had belonged to a former flatmate. CI0301_CIV_DCDT_Order Page 2 of 4 7. I accept that there was no agreement or obligation for IS to contribute to another room that she was not renting. While she did have an obligation to contribute to the clean up p...

4. NC & DC v T Ltd & HG [2023] NZDT 222 (19 May 2023) [pdf, 198 KB]

   ...NC and DC $3100.25 on or before 5pm on 19 June 2023. 2. HG is struck off this claim. Reasons 1. The first hearing was adjourned. After that hearing, T Ltd and HG contacted the Tribunal and requested that I make a decision based on the information provided in the first hearing and the file. NC and DC agreed to that request. 2. Both parties told me they understood and accepted I would not take into consideration any further evidence or information and there will not be anothe...

5. EZ v LH [2021] NZDT 1585 (6 July 2021) [pdf, 193 KB]

   ...reasonable opportunity to review those submissions and respond to them. 19. For these reasons LH’s counterclaim against EZ is also dismissed. Referee: K. Armstrong Date: 6 July 2021 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 r...

6. NS v TN & C Ltd [2024] NZDT 544 (4 July 2024) [pdf, 110 KB]

   ...His comment is a general statement and there is no evidence of this. In any event I must consider the specific claim, not whether such things generally happen. 12. However, this does not exonerate TN. His mistake was that he had different platforms and didn’t realise he accepted the booking until 30 November. I note moneys are held with C Ltd not the host until moneys are released by C Ltd to the host around the time of the client’s stay. 13. Accordingly, TN breached s28 o...

7. X Ltd v DN [2023] NZDT 282 (24 July 2023) [pdf, 180 KB]

   ...the Tribunal on 23 December 2022, the claim for the repair was made within the six year limitation period. DN is required to pay this amount, which is $1,955.00. Referee: M Wilson Date: 24 July 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 rehe...

8. SH v BU [2024] NZDT 552 (24 July 2024) [pdf, 92 KB]

   ...full but was not sent the phone. See section 35 Contract and Commercial Law Act 2017. 10. Therefore, BU is to pay SH $1,748.34 by Wednesday 13 August 2024. Referee: C Price Date: 24 July 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 reh...

9. TT v HQ and KG [2020] NZDT 1700 (11 March 2020) [pdf, 220 KB]

   ...claimed do not fall within the category of costs which the Tribunal has jurisdiction to award. For that reason, I dismiss the counterclaim brought by the Trust. Referee: P Ferguson Date: 11 March 2020 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...

10. BB v KU [2023] NZDT 408 (26 July 2023) [pdf, 186 KB]

    ...when the table had a TV on it; and a valuation of the table and 6 chairs dated 5 April 2023, which is after the tabletop was refinished. 8. BB has not re-submitted her prior valuation evidence that she had inexplicably redacted the relevant information from. 9. BB claims she obtained 2 remedial quotes but has not submitted either. It is unclear as to when the quotes were obtained as the table was delivered Sunday the 26 February and collected by the furniture maker for refinishing...