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1. TS v BE [2024] NZDT 667 (30 July 2024) [pdf, 113 KB]

   ...this kind of wall chosen rather than some other wall?” If the real reason the particular wall or kind of wall was chosen was to bound land, it qualifies as a fence. If the real reason it was chosen was because it was necessary or appropriate to perform another function, such as retaining land, then it is not a “fence”. 6. After an adjournment to seek legal advice, TS submitted an opinion from her solicitor that the concrete block wall is not a “fence”. I concur. As the solicito...

2. [2015] NZEmpC 144 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 117 KB]

   ...amended statement of claim filed on 24 June 2015 pleaded three variations of an unlawful lockout cause of action. First, the plaintiffs alleged that the defendant’s refusal to engage union members for employment, other than on the defendant’s form of individual employment agreement, constituted an unlawful lockout. The second cause of action was an alternatively particularised allegation of unlawful lockout. The third cause of action was a second alternative particularisation...

3. DB & NB v R Ltd & D Ltd [2024] NZDT 439 (14 May 2024) [pdf, 220 KB]

   ...contract for carriage evidenced by their airline tickets, but that the airlines’ baggage rules for extra baggage are not part of this contract. 5. In the alternative, they argue that the contract relating to the baggage was amended, supplemented or formed on 28 February 2023 during an in-person visit to the airport. As a result, they are claiming for: • The difference between $NZD150 and $USD200 for five pieces of baggage CI0301_CIV_DCDT_Order Page 2 of 6 • The excess...

4. ET v F Ltd & EN [2024] NZDT 562 (9 August 2024) [pdf, 199 KB]

   ...vicariously liable? 13. An employer will be liable for the act of an employee if there is sufficient connection between the employee’s act and his employment such that it would be fair to hold the employer liable for that act. Vicarious liability is a form of no fault or strict liability; the employer may still be liable, even where it has committed no wrongdoing albeit this will ultimately depend on the facts of each case. 14. EN had use of F Ltd’s company van for his work. I a...

5. Form 210 Application for eviction warrant [pdf, 759 KB]

   MOJ 210 July 24 Ministry of Justice Collections Unit www.justice.govt.nz/fines/about-civil-debt/ 0800 233 222 PAGE 1 OF 12 When should I use this form? This form lets you apply for a warrant that will enable a bailiff to give possession of residential premises to the person named in a Tenancy Tribunal order. Use this form if the following applies: • you have a Tenancy Tribunal order saying that possession of residential premises is to be returned to you by a specified date but the res...

6. KI & QI v TX [2021] NZDT 1688 (10 December 2021) [pdf, 117 KB]

   ...have jurisdiction to hear the claim. 29. For these reasons, I find that the claim is proved and TX is to pay KI & QI $200.00. Referee: K Johnson Date: 10 December 2021 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...

7. E Ltd v KC [2024] NZDT 443 (27 May 2024) [pdf, 101 KB]

   ...front bumper of the truck. The truck was repaired at a cost of $12,747.36 which E Ltd and J Ltd now claim from KC. 4. KC declines liability on the basis that the truck should not have been travelling on the road, and on the basis that J Ltd had informed him in July 2023 that it would not pursue any costs against him. 5. The issues I have to consider are: a. Did KC cause the damage by failing to take reasonable care? b. If so, was there any contribution to the collision or the d...

8. KD v NI Ltd [2019] NZDT 1361 (29 November 2019) [pdf, 262 KB]

   ...the base of the retaining wall and the existing drains by the house. As Mrs D’s Tribunal claim was $4999.00, the order is limited to that lower amount. Referee: Date: 29 November 2019 CI0301_CIV_DCDT_Order 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 or a mistake was made. If you wish to app...

9. I Ltd v D Ltd & ors [2024] NZDT 136 (15 April 2024) [pdf, 176 KB]

   ...8. Accordingly, the Tribunal considers the matter has been settled in accordance with the CCLA legislation and the claim must be dismissed. Referee: L. Mueller Date: 15 April 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 rehe

10. Wellington Standards Committee v Lester [2015] NZLCDT 23 [pdf, 93 KB]

    ...respondent has admitted failing her client in respect of each charge as follows: (a) Misconduct (i) Having been instructed in February 2011 to commence proceedings to recover a debt of $44,382.77, she failed to file in time a notice of pursuit of claim such that the proceedings came to an end apart from a counterclaim that had been filed by the defendant to the claim. 3 (ii) She did not advise the client that the claim was at an end and that the counterclaim was the only...