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1. XH v ND [2024] NZDT 300 (20 May 2024) [pdf, 93 KB]

   ...law of contract apply to this dispute. A contract is an agreement that the parties intend to be legally bound by. It involves an exchange of promises and becomes binding when the parties agree on clear and certain terms. The terms of a contract are formed at the beginning, not at the end. A contract can be in writing, oral or a mixture of both. Variations to agreements can be made in the same manner. Subsequent actions, of the parties, can show that parties confirm their intention to be bo...

2. Waitangi Tribunal - issue 61 of Te Manutukutuku [pdf, 1.1 MB]

   ...under a quarter of the original confiscated lands. It located its blocks arbitrarily and without the consent of those Mäori affected. The hapu of Ngäti Ranginui, in particular, were affected by the unfair way in which land was returned. The form of title used for the return was individualised European tenure. Mäori customary title was thus abolished without the consent of owners. Copies of the Tauranga Raupatu Report at the release in 2004. Professor Keith Sorrenson, histo...

3. TE v OL [2024] NZDT 458 (28 May 2024) [pdf, 114 KB]

   ...deliberately obstructive in providing her with any service history of the vehicle. There can be many reasons why documents are not provided immediately they are asked for. Neither the respondent nor [the repair shop] had any obligation to provide the information requested, though have now done so. I take nothing from this. Had the applicant wanted a full service history of the vehicle she could have requested this prior to purchase and did not. It is now too late to required authorise servi...

4. [2007] NZEmpC CC 20/07 O'Flynn v Southland DHB [pdf, 73 KB]

   ...further particulars in the Employment Court Regulations, rule 185 of the High Court Rules applies. The settled principles from authorities relating to that rule are that there must be sufficient particulars in a statement of claim to: • Inform the other party of the nature of the case as distinguished from the mode in which the case will be proved.1 • Prevent surprise. • Enable the preparation of evidence. • Limit and define the issues. [5] The difference between fact...

5. SI v KB & X Ltd [2024] NZDT 87 (7 February 2024) [pdf, 95 KB]

   ...contract, for which damages may be payable. 6. SI and X Ltd agreed initially that the house was to be cleaned to a standard referred to as an “exit clean”. KB had clarified what this meant in an email to SI, and when SI agreed, the contract was formed. SI later recalled that the pantry and an area under a sink needed particular cleaning and she agreed to pay extra for this work. CI0301_CIV_DCDT_Order Page 2 of 3 7. After the cleaning was meant to be completed, SI noti...

6. BX & MT v MI [2024] NZDT 35 (22 January 2024) [pdf, 201 KB]

   ...included as a chattel. Did the respondent misrepresent the insulation under the floor? 20. The law relevant to this claim is the general law of contract and the Contract and Commercial Law Act 2017 (CCLA). A contract is a binding commitment formed by an offer made by one party and a subsequent acceptance by the other party. There is a well-known principle of contract law which is “caveat emptor” or “let the buyer beware”. This implies that the buyer must be cautious, as t...

7. X Ltd v EK [2024] NZDT 784 (16 September 2024) [pdf, 110 KB]

   ...and overpriced. None of the authors attended and did a site inspection nor spoke with X Ltd. But advised in response to a letter from EK for them to provide guidance if EK’s material was factually correct. Having found contrary to some of that information, I am unable to then rely on the opinions and quotes. 20. EK further advised the time that the builders would take to build the deck is far less than that of which X Ltd have charged. However, whilst that might be the estimate of tim...

8. Delamere v Jiang [2017] NZIACDT 1 (17 February 2017) [pdf, 295 KB]

   ...might later be able to get a visa to live in New Zealand permanently if she had adequate English language skills. [2] The critical point in Mr Jiang’s instructions occurred when Immigration New Zealand responded to Ms Wang’s application and requested additional information. Prior to the end of the time allowed to supply the information Ms Wang gave it to Mr Jiang. However, Immigration New Zealand only received part of the information. The result was that Immigration New Zeal...

9. Te Manutukutuku Issue 2 [pdf, 2.9 MB]

   ...Manutukutuku has been extraordinarily positive as recipients have sought additional copies for distribution to other agencies and to . key people within their own organisations. It is clear that decision-makers at all levels have been starved of information about the Waitangi Tribunal duties, responsibilities and schedule of activities. Therefore, Te Manutukutuku's role as a messenger, pre­ senting the facts without embellishment, will continue. There is no Director's colu...

10. NT v T Ltd & L Ltd [2023] NZDT 724 (13 December 2023) [pdf, 187 KB]

    ...that one of the possible consequences of not paying for parking was the towing of his vehicle. 9. I accept NT intended to pay but was having difficulty downloading or accessing the app. However, as L Ltd said, it is unable to ascertain that information without some communication from the owner. It said if NT had rung the 0800 number to tell them he was having difficulty, his car could have been placed on the “no-tow” list. NT accepted he had seen the 24 hour phone number to call...