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1. KH v N Ltd [2024] NZDT 420 (4 March 2024) [pdf, 142 KB]

   ...shipping line, was $20,355.96 (“excludes clearance, cartage, [Country] handling etc”); c) in reliance on that “indication”, the applicant purchased the motor home; CI0301_CIV_DCDT_Order Page 2 of 4 d) the respondent then informed the applicant that the particular shipping line was not available and offered two alternative freight service options; e) the applicant accepted option one being: “$24K approx. excluding NZ arrivals and clearances. Expect another $...

2. OD v Q Ltd [2024] NZDT 422 (14 May 2024) [pdf, 112 KB]

   ...opened [laptop] and unopened SSD card to his local branch of Q Ltd within two weeks, obtaining a receipt from Q Ltd to confirm that it has received these things. Referee: L Thompson Date: 14 May 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...

3. NE v MG [2025] NZDT 88 (20 May 2025) [pdf, 190 KB]

   ...the Applicant is entitled to a refund for the purchase price of the cat (including delivery costs) as well as compensation for all the vet related costs incurred as a consequence of the purchase. 24. The total of those amounts, based on the information, totals $1,008.96. However, the Applicant has submitted a claim amount of $1,000.00. I find that the Respondent is liable to pay the claim amount to the Applicant. Referee: A Chand Date: 20th May 2025 P...

4. DD v TD [2025] NZDT 90 (5 May 2025) [pdf, 182 KB]

   ...but the test is an objective standard of whether a reasonable consumer would regard the goods as acceptable. In this instance, the goods are stone: a natural resource which a reasonable consumer would expect to contain imperfections. According to information provided by TD, 70 to 90 percent of raw pounamu has some microscopic fractures due to tectonic stress during formation. Considering this, I am unable to conclude that the presence of micro-fractures means the greenstone is unacceptabl...

5. [2013] NZEmpC 28 Maori Hill & Balmacewen Pharmacy Ltd v O’Sullivan [pdf, 205 KB]

   ...became involved. She contacted the Department of Labour in July, querying her daughter’s rights in relation to the minimum wage, given that no enrolment in an approved training course had occurred. Mr Vohora gave Ms O’Sullivan the enrolment forms shortly after this. Ms O’Sullivan signed the Pharmacy Industry Training Organisation (PITO) application for membership and the National Certificate in Pharmacy (Technician) enrolment form at the Open Polytechnic. She promptly retu...

6. Herewini - Maungaroa No.1 Section 23K (Keterau) (2013) 85 Waiariki MB 141 (85 WAR 141) [pdf, 76 KB]

   ...kim@pottshodgson.co.nz mailto:kim@pottshodgson.co.nz� 85 Waiariki MB 142 Introduction [1] This matter concerns a dispute over the ownership of a dwelling upon the Maori freehold land block, Maungaroa No. 1 Section 23K (“Keterau”). The applicants claim they have occupied the dwelling since 1989. Their possession is challenged by some of their whānau. Background [2] Keterau comprises 0.8473 hectares and is situated on State Highway 35, between Opotiki and Te K...

7. Wetini v Hunia - Matatā Parish 39A4 (2011) 38 Waiariki MB 244 (38 WAR 244) [pdf, 77 KB]

   ...directed to attend to the engagement of Mr McKechnie and his instructing solicitors, McKechnie Quirke and Lewis, of Rotorua as soon as possible. The issue of counsel had been discussed with the trustees through the case manager and their first request was Mr Armstrong of Aurere Law but he had to decline due to a conflict of interest. 38 Waiariki MB 247 Trustee relationships [13] Then there is the issue of the relationships between the current trustees and, as the transcrip...

8. 2017 NZSSAA 015 (20 Aprill 2017) [pdf, 96 KB]

   ...income was more than $0.37 above what it was when the $40 figure was set. Therefore, the Ministry concluded that it was necessary to confirm Mr XXXX’ income to establish the correct rate. (iii) On 21 June 2016, the Ministry wrote to Mr XXXX and requested that he provide: a. a copy of his ACC payment schedule for the last six months, or;; b. a letter from ACC reporting on his income, or; c. written authority for the Ministry to contact ACC directly so the Ministry could obtai...

9. 2017 NZSSAA 030 (27 June 2017) [pdf, 98 KB]

   ...gross income of $35,365 and expenses totalling $38,059. The case for Mr XXXX [4] It is Mr XXXX’s position that he has provided all information required by the Ministry. He asserts that it is not necessary to provide audited accounts as requested by the Ministry. He states that he has provided the most relevant accounts however at hearing Mr Howell accepted that certain pages of the financial statements were withheld from the original documents but said the missing pages f...

10. [2016] NZEmpC 73 Hill v Tex Onsite Ltd [pdf, 104 KB]

    ...but has declined to do so. Rather he has filed a challenge to the Authority’s determinations and has applied for a stay. The application is opposed by the company. The parties agreed to the application being dealt with on the papers, and requested that it be determined prior to a Judicial Settlement Conference which is currently scheduled for 5 July 2016. Approach [3] A challenge does not operate as a stay unless the Court so orders. 3 The discretion is wide but must be...