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1. MVDT Annual Report 2012-2013 (Auckland) [pdf, 220 KB]

   ...making recommendations for amendments to the Act. As you will see from the following summary, the Auckland Tribunal received four fewer applications but issued ten more decisions this year than last. This was because I heard a greater proportion (85% compared with 80% last year) of the total number of applications filed nationally. The number of disputes settled by the parties prior to a hearing was 29% (compared with 28% last year) of the total applications filed. This reflects t...

2. McGregor v McGregor - John Henry McGregor and Pirihia Maraenui Tapine Whānau Trust (2019) 402 Aotea MB 281 (402 AOT 281) [pdf, 260 KB]

   ...replace Brent McGregor and Leah Heremaia. He also claimed that Wayne McGregor and Tracey Harris were present when the statement was prepared. [7] The current trust order was issued on 23 November 2007. It contains the standard Aotea district clauses including the requirement for the preparation and filing of audited accounts for the trust annually. The trustees are also required to convene general meetings of trust beneficiaries at least every five years and are to apply for a revi...

3. HU v UX [2022] NZDT 115 (20 September 2022) [pdf, 198 KB]

   ...the gas reticulation system certified before selling the van and therefore HU’s claim in this regard is dismissed. Is HU entitled to damages in compensation and if so, how much? 18. HU and UX have agreed to settle some minor matters set out in Clause 11 above by a $200 payment from UX. 19. I have found there were misrepresentations in respect of the fridge and heater. 20. In respect of the fridge, the quote from O Company Ltd (Mr DB) shows that the labour to repair the fridg...

4. CP Ltd v ES [2022] NZDT 193 (20 September 2022) [pdf, 225 KB]

   ...(Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2022] NZDT 193 APPLICANT CP Ltd RESPONDENT ES The Tribunal orders, on the claim and counter-claim CP Ltd is to pay ES the sum of $2824.50 on or before 18 October 2022. Reasons 1. On 5 April 2022 ES contracted CP Ltd to supply a flat-pack cabin and assemble it on her site. The contract price was $8849.00 and ES paid a $2000.00 deposit, the terms of payment on the written quo

5. OO v QP [2023] NZDT 70 (20 February 2023) [pdf, 226 KB]

   ...required for their intended use. 11. KP, Managing Director of M Ltd, said that a whole range of information was supplied in the pack, so that prospective buyers would know to ask the CC what consents were required. In addition, a due diligence clause (21) was inserted into the Sale and Purchase Agreement, to give buyers time to talk to CC. It said: “This agreement is entirely conditional upon the Purchaser approving (in the Purchaser’s sole and unfettered discretion) all matters...

6. [2023] NZEnvC 136 Quigley v Waikato District Council [pdf, 897 KB]

   ...RLZ chapters; (2) the planning maps are amended in accordance with Appendix B: Amended zoning map for the Property to show 233 Wilton Collieries Road identified as RLZ and subject to the Glen Massey Precinct; (3) an additional appendix ‘APP15 – Glen Massey Precinct’ be included in the Proposed Waikato District Plan in Part 4; Schedules and Appendices (after APP14) in accordance with Appendix C: New Appendix APP15 – Glen Massey Precinct; and (4) the appeal is resolved...

7. [2023] NZEnvC 246 Horticulture New Zealand v Waikato District Council [pdf, 261 KB]

   ...amendments to the Natural Hazard chapter in the Proposed Waikato District Plan as set out in Appendix B to this order; and (2) the appeal with respect to Topic 17: Natural Hazards and Climate Change is otherwise dismissed. B: Under section 285 of the Resource Management Act 1991, there is no order as to costs. REASONS Introduction [1] This consent order concerns an appeal by Horticulture New Zealand (HNZ) against part of the decisions of the Waikato District Council (the C...

8. Proactive release - Advice on commercial lease issues and the Property Law Act [pdf, 66 KB]

   ...this also risks a significant reduction in cashflow in the sector and NZ economy. 14. It is lawful for a lessee to stop paying, or reduce, rent in accordance with the terms of the lease agreement. The standard commercial lease agreement contains a clause that provides for a fair proportion of payment of rent stop temporarily if a property is unable to be accessed in an emergency (including an epidemic). However, some leases will not contain this provision or an equivalent and tenants will...

9. 2019 Decisions of public interest

   ...commission payments received during the four-week period preceding annual holiday. [2019] NZEmpC 83 Pitman v Advanced Personnel Services Ltd (Judgment of Judge K G Smith, 15 July 2019) NON-DE NOVO CHALLENGES – RESTRAINT OF TRADE – DAMAGES – INDEMNITY CLAUSE – COSTS – s 238 Employment Relations Act 2000. [2019] NZEmpC 66 Morgan v Tranzit Coachlines Wairarapa Ltd (Judgment of Chief Judge C Inglis, 28 May 2019) FIXED-TERM EMPLOYMENT AGREEMENT – VALIDITY – whether relying on uncertai...

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10. CAC 20004 v Li and Ors [2014] NZREADT 67 [pdf, 146 KB]

    ...the Real Estate Agents Act 2008 (Act), in that his conduct wilfully or recklessly contravened: i. Section 133 of the Act in that Mr Li did not provide the complainants with an approved guide before they signed a sale and purchase agreement for 64/51 Ireland Road, Panmure (the property), and did not receive a signed acknowledgement form from the complainants that they had been provided with the approved guide; and/or ii. Rule 9.7(a)-(c) of the Real Estate Agents Act (Professional Conduc...