Search Results

1. MH & QH v I Ltd [2023] NZDT 597 (2 November 2023) [pdf, 208 KB]

   ...residual value in those materials and that MH & QH should not be expected to be put to the cost of dismantling the pergola until they have been paid by I Ltd. Referee: T Prowse Date: 2 November 2023. Page 5 of 5 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...

2. DS v SI [2024] NZDT 729 (23 September 2024) [pdf, 118 KB]

   ...was a misrepresentation about the EQC status of the home. 31. The total cost to remedy these issues is $16,670.17 (being $16,000 + $670.17) Referee: S Simmonds Date: 23 September 2024 Page 5 of 5 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...

3. DV, RL, YS and TB v AR LCRO 316/2013 [pdf, 228 KB]

   ...AW’s clients have pursued complaint. Four have not. [16] Mr HK, on behalf of the four applicants, makes complaint that Mr AW: (a) Had advised that legal costs for each client would be pegged at $10,000. (b) Had failed to provide documents when requested. (c) Had continued to hold funds of $40,000, in the absence of explanation as to why those funds were being retained. [17] In response to the initial complaint, Mr AW submitted that: (a) Mr DV had, at all material times, represe...

4. Flawn v Accident Compensation Corporation (Individual Rehabilitation Plan) [2024] NZACC 142 [pdf, 587 KB]

   ...evidence. [28] The pain management service referral (undated) recorded the outcome as reducing the impacts of pain from injury affecting Ms Flawn’s daily activities and the ability to do her job. Additional comments included: Support being requested-a multi-disciplinary approach. All relevant information-at this time cover has not been given for mental injury however this process is being worked through. Specific service elements for provider consideration-GP and client confirmi...

5. IEAA - 2013 annual report [pdf, 45 KB]

   ...or the 8 Small Claims Courts as the IEAA will not assume concurrent jurisdiction which could lead to conflicting decisions. CONCLUSION 21. The IEAA has had a limited function during the past 12 months. It has met once at the request of the Ministry of Education Policy Division in Wellington and twice in Auckland. It has not received a large number of demanding files and with only a small number of complaints it is gratifying that there were no real outstanding...

6. CQ & BQ v KN & TN [2024] NZDT 329 (4 March 2024) [pdf, 198 KB]

   ...states: The Tribunal shall determine the dispute according to the substantial merits and justice of the case, and in doing so shall have regard to the law but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities. 13. I do not consider that I have the power under s 18(6) to order that no fence be built on the driveway boundary. That is because, although the section refers to determining the dispute according to the substantial...

7. [2007] NZEmpC CC 5/07 Reynolds v Burgess [pdf, 116 KB]

   ...position at Raeward Fresh. She also spent $440 on new clothes to wear when working at Eftpos Easy. [20] On Sunday 20 January 2002, Ms Burgess went to Eftpos Easy where she was shown how to operate the telephone system. This was at Ms Reynolds’ request. [21] Ms Burgess began work at Eftpos Easy as arranged on Monday 21 January 2002. Her hours of work were 8.30am to 5pm each day with half an hour for lunch. [22] The Eftpos Easy premises were located inside the premises of ano...

8. [2020] NZEmpC 126 McCook v Chief Executive of the Inland Revenue Department [pdf, 228 KB]

   ...materials on the grounds of relevance was ill-founded, as was its objection as to oppressiveness. (e) I then indicated that an order as to disclosure of the training materials would have to await the disposition of the TAA point on which I had requested further evidence and submissions. [3] Those materials were duly filed. It was confirmed that Ms Amanda Rapley, corporate counsel for IR, and Mr Paul Gillespie, junior counsel for IR, held the necessary delegations from the...

9. L Family Trust Limited v KM [2021] NZDT 1319 (24 February 2021) [pdf, 199 KB]

   ...wall to its original colour. 16. However, I am unable to make a finding that Mr M must contribute to the painting of the fence. It is common to leave a timber fence unpainted. The building report notes that “the treated timber fence will perform its purpose without a paint coat, however, the paint cost will aid in preventing the timber from twisting and splitting from UV exposure”. 17. The fence has a build up of some moss and lichen. However, this can be waterblasted or spr...

10. D Ltd v Q Ltd [2025] NZT 36 (7 February 2025) [pdf, 121 KB]

    ...“looking at” being consistent with an estimate rather than a promise, and the absence of any clause in the signed agreement regarding timing. 6. Alternatively, the purchaser submitted that the response was misleading because it withheld relevant information, specifically that the tenants had not been given notice to leave prior to the contract, and that the owner had not obtained finance to develop his land. However, the tenants were family members who did not need to be given notice...