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1. 2020 July - Family Violence Provider Update [pdf, 128 KB]

   This update is essential reading for all approved MoJ programme facilitators. Please share with your team. Ngā mihi nui ki a koutou katoa This is an omnibus update summarising changes and information sent in the last few months and informing you of a new process to catch up on non-compliances due to be processed during the lockdown period. This is also a friendly reminder that we are back to our usual invoicing process from this month on – next invoice is due with us by 20th A

2. Judges Corner January 2021: SILNA [pdf, 159 KB]

   ...assigned sections of land to them, assisted by Tame Parata.4 By 1905, 142,463 acres had been allocated to 4,064 people.5 The South Island Landless Natives Act 1906 In 1906, the South Island Landless Natives Act (SILNA) was passed intended to formally authorise the transfers of land that had been made by Mackay and Smith. Most of the land set aside under the Act was transferred to the intended beneficiaries, but in 1909 the SILNA Act was repealed by the Native Lands Act before all...

3. CN v C Ltd [2022] NZDT 57 (18 February 2022) [pdf, 146 KB]

   ...rental company interpreted the exclusion as applying where anything other than the correct fuel type is put in the fuel tank. CI0301_CIV_DCDT_Order Page 2 of 4 6. When interpreting a contract, the courts inquire what a reasonable and properly informed third party would consider the parties intended the words of their contract to mean, taking into account the “factual matrix” surrounding the contract. It is a well-established principle of law that exclusion clauses are interprete...

4. NN v BT [2024] NZDT 155 (18 April 2024) [pdf, 100 KB]

   ...from awarding the filing fee except in limited circumstances. As this claim does not fall within the circumstances stated, the filing fee cannot be awarded. Referee: S Simmonds Date: 18 April 2024 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 re...

5. XH v T Ltd [2024] NZDT 410 (2 May 2024) [pdf, 199 KB]

   ...NZSC 53 (Honey Bees) the Supreme Court said that: “A clause stipulating a consequence for a breach of a term will be an unenforceable penalty if the consequence is out of all proportion to the legitimate interests of the innocent party in performance of the primary obligation” and “Determining whether or the impugned clause is an unenforceable penalty requires an objective exercise of construction, notionally undertaken at the time of the contract formation, and by refe...

6. 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 $...

7. 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...

8. 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...

9. 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...

10. [2021] NZEmpC 112 Wanaka Pharmacy Ltd v McKay [pdf, 290 KB]

    ...McKay v Wanaka Pharmacy Ltd, above n 1, at [39], [42], [44], [47] and [51]. (c) Social media manager for the Wanaka Sun and Wanaka Pharmacy (40 hours per fortnight) – included managing and contributing to posts on various social media platforms including Facebook, Instagram and Twitter. (d) Human resources administration for the Wanaka Sun and Wanaka Pharmacy (10 hours per fortnight) – included dealing with grievances, recruitment, maintaining payroll information and c...