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1. Auckland City Council as Assignee v Russell [pdf, 126 KB]

   ...effectively a personal promotion by him of the services presented by the report and refers to an account for "my" fees. The only reference to the limited liability company other than in the letterhead is in the signature page at the end which forms part of the document headed "Land Information Summary". It could well have been misinterpreted as being a statement by the company of the summary of land information. The substance of the report itself which conclud...

2. Kaituna Resource Teacher's Notes [pdf, 40 KB]

   f THE TREATY OF WAITANCI TEACHER'S NOTES These two fact sheets have been prepared with fourth form curriculum in mind, however they can be used at all levels of secondary school. They can be used together or separately. The aim of the fact sheets is to introduce the work of the waitangi Tribunal both by showing what claims are and the process they go through, and by providing a case study. The case study - Kaituna Claim - has been set up as a decision-making exercise fo...

3. DD v QX [2022] NZDT 239 (2 December 2022) [pdf, 206 KB]

   ...parties’ loss valuation evidence is $1,382.50. The Respondent’s 60% fault contribution puts her portion of the Applicant’ loss at $829.50. Referee: L. Mueller Date: 2 December 2022 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 fo...

4. EX v TY [2022] NZDT 273 (16 December 2022) [pdf, 113 KB]

   ...of probabilities that TY has not breached the guarantees under the CGA, and EX is not entitled to claim a refund of $3,925.10. Accordingly, the claim is dismissed. Referee: L Fuli Date: 16 December 2022 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...

5. KT v U Ltd [2024] NZDT 731 (17 September 2024) [pdf, 187 KB]

   ...2. KT has claimed the insurance excess she paid and compensation for the loss of her possessions. She believes that U Ltd is liable for the losses under Consumer Guarantees Act 1993 (CGA) provisions. She believes that she was not adequately informed by U Ltd of the danger of fuel escaping if the generator tipped over. She said that she understood from her previous generator instruction manual that it must always be stored in an upright position but did not understand that this was be

6. EX & OI v D Ltd & BD [2023] NZDT 648 (9 November 2023) [pdf, 202 KB]

   ...Guarantees Act 1993 does not apply. If not, did EX misrepresent the condition of the engine? 19. The law relevant to this claim is the general law of contract and the Contractual 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 cautiou...

7. AGJ and AGK v ZVL [2013] NZDT 500 (18 December 2013) [pdf, 24 KB]

   ...FIRST APPLICANT AND AGK SECOND APPLICANT AND ZVL RESPONDENT Date of Order: 18 December 2013 Referee: Referee Costigan ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the claim by AGJ and AGK is dismissed. AGJ and AGK are jointly and severally liable to pay ZVL the sum of $793.20 on or before 31 December 2013. Facts [1] AGJ and AGK live at 34 [place name street]. They say ZVL, their neighbour at 36 [pla...

8. TD v KO [2021] NZDT 1684 (20 December 2021) [pdf, 216 KB]

   ...1988) ORDER OF DISPUTES TRIBUNAL District Court [2021] NZDT 1684 APPLICANT TD RESPONDENT KO The Tribunal orders: The claim is dismissed. DD is to remain in the possession of KO. Reasons: 1. TD claims her former neighbour, KO, gifted her a young cat named D on 8/6/2021 in the course of a telephone conversation. Following the conversation, TD took the cat to the vet, had him vaccinated and microchipped, renamed him P, and had a cat door installed....

9. WD v NU & OT [2024] NZDT 38 (25 January 2024) [pdf, 129 KB]

   ...NU and OT liable to refund the bond in full. 13. NU and OT are therefore to pay WD 7 days rent of $240, plus the bond of $800, being a total of $1040. Referee: K. Edwards Date: 25 January 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. T Ltd v WE [2024] NZDT 705 (13 September 2024) [pdf, 98 KB]

    ...on 10 May 2023 as part of a ‘handshake’ agreement to purchase his cleaning business which had one client at that time, a childcare centre. 2. T Ltd started cleaning at the childcare centre on 1 June 2024, but says that WE did not properly inform the client of the change of ownership. They also claim that the business was not sold properly with respect to GST and other issues. They claim a refund of the $10,000.00 paid for the business as well as interest and other costs for a total...