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1. Wang v Denekamp [2018] NZIACDT 48 (23 November 2018) [pdf, 152 KB]

   ...dated 31 August 2018. The Tribunal found in that decision that Mr Denekamp had breached professional obligations. [2] The facts relating to the complaint, as found by the Tribunal, are in outline: [2.1] Mr Denekamp received a completed application form for a student visa. [2.2] He had no personal contact with the complainant, accordingly: [2.2.1] He never interviewed the complainant to understand his immigration options. [2.2.2] He did not enter into a written agreement with th...

2. HA v CQ Ltd [2023] NZDT 626 (13 November 2023) [pdf, 225 KB]

   ...that the applicant’s claim must fail and is accordingly dismissed. Referee: K. Armstrong Date: 13 November 2023 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 rehe...

3. OX v PM Ltd [2020] NZDT 1331 (22 June 2020) [pdf, 498 KB]

   ...tutorial mode. As the flight data from C Limited showed the drone was in GPS mode, and did not record any reference to tutorial mode, I was unable to make a finding the drone crashed as a result of using the wrong mode for RTH and OAS. 9. Also, the information supplied by PM showed that the RTH/OAS functionality is limited, and is not able to detect small obstacles above the drone in some environments. As the drone was under a tree, and rising, at the time of the crash, I consider it...

4. SC v QS [2022] NZDT 68 (3 May 2022) [pdf, 485 KB]

   ...applies to sales by private sellers). Under section 35 of the Contract and Commercial Law Act 2017 (CCLA) when someone has been induced to enter a contract by a misrepresentation, whether innocent or fraudulent, that person is entitled to damages (a form of compensation) as if the representation were a term of the contract that has been breached. 31. A misrepresentation must be untrue and a statement of past or present fact. SC must show that it is more likely than not that an untrue s...

5. Cotter v Accident Compensation Corporation (Personal Injury) [2024] NZACC 013 [pdf, 249 KB]

   ...Respondent Hearing: On the papers Appearances: J Cartwright for the Appellant L Hansen for the Accident Compensation Corporation (“the Corporation”) Judgment: 30 January 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for personal injury – ss 20, 25, 26 , Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 7 February 2023. The Reviewer dismissed an application for review of the...

6. Waitangi Tribunal - issue 68 of Te Manutukutuku [pdf, 2.7 MB]

   ...The third rotation (eight hearings) commenced at Whitiora Marae and the Returned and Services Association, Kerikeri, in June 2015. On the current schedule, the 21 stage 2 hearings are due to finish in November 2016. The claimants have recently requested additional hearing time and, following a con­ sultative conference in May 2015, the Tribunal is now considering the submissions of the parties. Meanwhile, the Tribunal­com­ missioned casebook programme of research on local issues...

7. LCRO 181/2017 FW and KP v BG (31 October 2019) [pdf, 173 KB]

   ...[10] That day, the contractor issued a payment claim under the building contract which [Firm B], as successor architect to [Architecture Firm A], had to process within the time frame specified in the building contract. On 7 October 2015, [Firm B] requested information from the contractor to complete a payment schedule. Having obtained input 2 NZIA form: see r 1.3, 1.4 and 19.1; Schedule A1. 3 NZIA form, r 19.1: "Architect means th...

8. [2016] NZEmpC 129 Maharaj v Wesley Wellington Mission Inc [pdf, 155 KB]

   ...employed by the Chief Executive of the (then) Department of Labour who was the holder of a current general authority to sign agreed terms of settlement for the purposes of s 149 of the Act. The record of settlement noted the mediator had been requested by the parties to sign the terms of settlement and, before signing that he had described the effect of s 149(1) and (3) of the Act to them. In signing the record the mediator stated in relation to s 149(3): I am satisfied that th...

9. M Ltd v DN [2024] NZDT 863 (12 September 2024) [pdf, 92 KB]

   ...interest and $3,450 for debt collection fees. Issues to be determined are: (i) Is DN liable to pay $24,247.43 as claimed? Is DN liable to $24,247.43 as claimed? 5. The relevant law is the Contract and Commercial Law Act 2017. A contract is formed when parties agree on the terms and conditions under which goods or services will be provided. 6. There is no dispute between the parties as to the original cost of the project. However, DN has claimed the work lacked reasonabl...

10. NI & SL Ltd v AI [2024] NZDT 334 (18 April 2024) [pdf, 142 KB]

    ...and AI. NI also acknowledged and I accept that she signed as guarantor and that she would be personally liable under clause 18(1) for any breach causing loss to vendor. What were the terms of the agreement? 8. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end. What was agreed is looked at objectively, i.e. by looking at what...