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CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 76 APPLICANT JI RESPONDENT N Ltd The Tribunal orders: N Ltd is to pay $4312.50 to JL on or before 14 July 2022. Reasons 1. On 8 March 2021 JI entered into a contract with N Ltd (‘N Ltd’) to purchase a house and land package for which a CCC was issued on 23 June 2021, with settlement between the parties
...8. In view of the inaccurate Geotech information, I find L Ltd misrepresented topsoil depths when making a decision to settle. If accurate information had been provided, IP and OS could have discussed options available to them. 9. TN referred to clause 30.3 of the Agreement for Sale and Purchase under which the purchaser buys solely in reliance on their own judgement, however I find it was reasonable for IP and OS to also rely on representations made in the completion report provided pr...
...therefore adjusted its claim from $16,382.74 to $3604.57 based on 15% pa interest (in lieu of quantified damages) to today’s date. 5. The issues to be determined are: • Do TQ Ltd’s terms and conditions apply? • If so, what is the effect of clause 4.2 of the contract terms and conditions? • Is TQ Ltd liable to pay interest and if so, at what rate and for what period? Do TQ Ltd’s terms and conditions apply? 6. I find that the terms and conditions attached to the q...
...specifications at Schedule 6. The floor plan for ‘[house type]’ represents IN and TN’s purchased dwelling. It shows double wardrobes in all three bedrooms and a rectangular shaped yard with a paved area, but no stairs or inset area. 11. Clause 24.3 of the sale and purchase agreement covers ‘Alterations to Plans and Specifications’ and allows the vendor to “alter or vary the plans and specifications at any time in such manner as the vendor considers appropriate because of...
...requested witness summonses be issued to two employees of Immigration New Zealand to require them to attend the hearing. The Tribunal’s power to summons witnesses is a power of its own volition to issue a witness summons. The power is contained in clause 6 of the Schedule to the Immigration Advisers Licensing Act 2007. [18] The Adviser faced a serious complaint, and was entitled to every opportunity to advance his case. Nonetheless, the Tribunal only has the power to issue witness summo...
...for sale by auction with Mr Hickson, a licensed salesperson engaged at Success Realty Limited, trading as Bayleys Rotorua (“the Agency”). [3] On 26 June 2019 the appellants received a pre-auction offer from prospective purchasers, for $1.025 million, which they rejected. The property went to auction but was passed in. The prospective purchasers re-submitted the pre-auction offer after the auction and the property was sold to them, for the amount offered in the pre-auction of...
THE CHIEF OF THE NEW ZEALAND DEFENCE FORCE v WARREN WILLIAMS [2025] NZEmpC 16 [10 February 2025] IN THE EMPLOYMENT COURT OF NEW ZEALAND WELLINGTON I TE KŌTI TAKE MAHI O AOTEAROA TE WHANGANUI-A-TARA [2025] NZEmpC 16 EMPC 430/2023 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN THE CHIEF OF THE NEW ZEALAND DEFENCE FORCE Plaintiff AND WARREN WILLIAMS First Defendant AND NIC
...Ref: ATT395/100 1. I have reviewed the Land Transport (Enforcement Powers) Amendment Bill (PCO13662/24) for consistency with the New Zealand Bill of Rights Act 1990. 2. I note that following aspects of the Bill raise issues under that Act: 2.1. Clause 6, which concerns the offence of breaching bylaws against certain forms of driving, places an evidential onus on the accused and so is contrary to the presumption of innocence protected by s 25(c). In the context of those particular offen...
...iii. is the limit in due proportion to the importance of the objective? Naming children and changing names 11. The Bill provides limits on what a person’s name can be when their birth is registered or when they are applying to change their name. Clause 17 provides that a person’s name must not be “undesirable in the public interest”, which means that it: a. might cause offence to a reasonable person b. is unreasonably long, or c. is, includes, or resembles an official title...
...by his solicitor but he had not informed his lawyer that Emma was only 17 years of age. She had turned 17 on 3 August 2006. [6] There were two particular provisions in the employment agreement which were the subject of much evidence. First, clause 3.1 which provided: 3. Appointment 3.1 The Employer agrees to employ the Employee as a Senior Technician and the Employee agrees to accept employment in that capacity in accordance with the terms and conditions of this agreement....