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1. ST & CT v OU [2021] NZDT 1606 (21 June 2021) [pdf, 201 KB]

   ...and place. Did OU meet its duty of care by maintaining this section of road within the tolerances of its roading maintenance contract with GI? 17. The roading maintenance contract stipulates maximum tolerances for various types of road deformations / defects (shunts, heaves, potholes, etc). 18. The contract also obliges GI to carry out road inspections. 19. Mr L explained that GI carries out an annual ‘road truck test’ in addition to more frequent visual inspections.

2. D Ltd v B Ltd [2021] NZHC 1600 (24 June 2021) [pdf, 230 KB]

   ...remedial work. It must have arisen within two years and have been carried out during that two years so that the costs are incurred during that two-year period. 12. Therefore, it is necessary to look at the evidence of the costs incurred by B in performing remedial work. What amount is payable and by whom? 13. B presented evidence of $10,025.00 of remedial work as reviewed by Dr L. Dr L is an independent clinician and he reviewed the records for each patient, including radiolog...

3. SM v KN [2024] NZDT 176 (11 March 2024) [pdf, 190 KB]

   ...towing vehicle, hinges (where applicable) and the structural and other related components between the trailer coupling and the trailer bogi or chassis. He says that because there are separate definitions the chassis and drawbar are separate and perform separate functions. He says the chassis is structural and the drawbar reduces the load towards the towball. b) However, SM says that the draw bar is the part that connects the chassis to the tow vehicle. It is all one structure and is all...

4. BN v D Ltd [2024] NZDT 292 (26 April 2024) [pdf, 189 KB]

   ...prior to purchasing [the horse], BN himself an experienced and established horseman within the equestrian industry, inspected and rode [the horse]. BN acknowledged from the trial ride that [the horse] was sound at the time and under BN’s hand performed what BN sought from him. BN turned down, against D Ltd’s recommendation, the getting of a veterinarian pre-purchase check. b. Furthermore, BN commented that prior to becoming lame, [the horse] had improved with his riding during this...

5. UO Ltd & UI Ltd v BU & ND [2024] NZDT 528 (15 July 2024) [pdf, 94 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 3 Referee: P McKinstry Date: 15 July 2024 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 at the time. If you wish to apply for a r...

6. BP v N Ltd [2024] NZDT 724 (26 August 2024) [pdf, 127 KB]

   ...is dismissed. Reasons Introduction 1. BP attempted to purchase a number plate from N Ltd. However, the plate did not meet N Ltd or the New Zealand Transport Agency (‘NZTA’) acceptability criteria. On 2 July 2024, BP sought a refund. N Ltd requested specific details from BP which he did not provide in the form requested and subsequently the refund was not made. BP sought a refund of $1249.00 for the money paid for the plate, and compensation of $586.65 made up of $59.00 for the T...

7. [2011] NZEmpC 29 Bunton v Garden City Helicopters Ltd [pdf, 184 KB]

   ...the beginning of 2000 was an independent contractor and billed the defendant for his services through a limited liability company. In May 2002, that person changed his status to employee, went onto salary and signed the appropriate taxation forms. [17] None of the matters that the plaintiff claims were agreed with Mr Currie were reduced to writing in either correspondence or in the form of a contract of service. However, it does appear that from the end of 1999, the plaintiff...

8. NC v UD Ltd [2024] NZDT 829 (2 October 2024) [pdf, 189 KB]

   ...Ltd [container number 1]. As NC has not provided any evidence of his ownership of this or any other container held by UD Ltd, the claim is dismissed. Referee: C Price Date: 2 October 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 reh...

9. Te Manutukutuku Issue 3 [pdf, 2.9 MB]

   ...generally. Common historical background to these claims, i.e. the Crown purchases in the 1850s and 1860s. - The different options for settling claims: hearings, nego­ tiation, mediation. - Presentation of mapping materials provided by the Maori Land Information Office and an explanation of their purpose in research. Department of Survey and Land Information and Maori Land Information staff will be present. The claims involved are: Whanganui 0 Orotu Claimants are Te Otane Reti a...

10. BOAC v Auckland Council [2011] NZWHT Auckland 50-57 [pdf, 357 KB]

    ...CONCLUSION AND ORDERS .................................................................... 58 CONCLUSION AS TO QUANTUM .............................................................. 58 Page | 4 [1] These proceedings concern nine individual claims which have been heard concurrently.1 The nine claimants each own a residential townhouse (unit) which is affected by leaky building issues. Remedial work has been completed. The nine claimants seek to recover the costs of remedi...