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1. s280 Application for variation, suspension or cancellation of licence [docx, 62 KB]

   ...as to be obnoxious to neighbouring residents or to the public; and provide details of the allegation: 10. Negative Holding 1. The licensee has a relevant prior negative holding ☐ Yes, please provide details below ☐ No 2. Other information that may assist the Authority: 3. ☐ This application, if proven, could result in a negative holding pursuant to section Choose an item. of the Act. 4. ☐ No Negative Holding is possible from this application. Dated at: (p...

2. KN Ltd v UC [2022] NZDT 194 (24 May 2022) [pdf, 99 KB]

   ...4 9. At the end of the auction, and before payment was made, UC was handed an Invoice which listed all the items she had purchased, with individual prices, and showing the total to be paid of $868.83. 10. In this case the auctioneer has performed its part of the contract. The issue is whether the auctioneer has agreed to release UC from her obligation to pay the full price, or whether there has been a discharge by way of accord and satisfaction. 11. I find that the auctioneer h...

3. QQ v TQ [2022] NZDT 41 (19 April 2022) [pdf, 102 KB]

   ...$980.00 to QQ on or before 5.00pm on 17 May 2022 Reasons 1. In April 2021 QQ sent TQ a message wanting to book accommodation in [Town] for a family holiday commencing on 30 August 2021. TQ is an accommodation provider through various platforms including [Website A], [Website B] and her own website [Website C]. QQ had stayed in one of her properties in 2020, which he had booked through [Website A]. TQ had advised him to contact her directly for any future bookings he wanted to ma...

4. Māori Land Court Applications.pdf [pdf, 335 KB]

   APPLICATIONS Te Kooti Whenua Māori – Māori Land Court For more information, go to maorilandcourt.govt.nz Te Kooti Whenua Māori – Māori Land Court (MLC) is the New Zealand Court that hears matters relating to Māori land. The unique relationship between Māori and whenua is recognised by the MLC, and the records held by the Court form an invaluable part of the whakapapa of all Māori people. The MLC operates under the provisions of Te Ture Whenua Māori Act 1993 (‘the Act’)....

5. PI v NQJ [2023] NZDT 630 (27 November 2023) [pdf, 189 KB]

   ...been unjustly enriched by PI’s work. 23. The Disputes Tribunal does not have jurisdiction to hear PI’s claim, and the claim must be struck out. Referee: Nicholas Blake Date: 27 November 2023 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 re...

6. XX v TD [2024] NZDT 235 (7 February 2024) [pdf, 182 KB]

   ...failure by TD to use reasonable care and skill in providing the service. Rather, the reports mention these general issues as being some of the risks of undertaking orthodontic treatment. 6. In his evidence, TD claimed he had given XX a consent form that contained advice of the risks of the treatment. XX denied ever receiving the consent form. TD was unable to provide a copy of the signed form as he said he had since left the practice from when it was issued and could no longer access...

7. BD & SO v LM Ltd & LL [2024] NZDT 242 (21 March 2024) [pdf, 135 KB]

   ...RESPONDENT LM Ltd LL The Tribunal orders: LL and LM Ltd are jointly and severally liable to pay $10,000.00 to BD and SO on or before 18 April 2024. Reasons 1. BD and SO saw [a bar] advertised for sale on [social media platform] for $20,000.00. LL clarified at the hearing that she owns the bar as a sole trader and her parents operate it (she resides overseas), and that the company LM Ltd does not operate the bar. LL was therefore added as the second respondent...

8. KB v O Ltd [2024] NZDT 192 (14 March 2024) [pdf, 203 KB]

   ...contract, and if so, what damages are reasonable? Was the kitchen design chosen by KB in December 2021, a variation to the contract? 5. I find that the L-shaped kitchen design selected by KB in December 2021 was a variation to the contract formed with O Ltd for purchase of the property. The L-shaped kitchen design, incorporating a double-doored fridge, was clearly offered as one of two options, by G on behalf of O Ltd in an email dated 14 December 2021. CI0301_...

9. HI v BC Ltd [2024] NZDT 198 (28 March 2024) [pdf, 102 KB]

   ...the last two months $1,242.79. That obviously represents a significant reduction in business activity but is consistent with HI’s evidence. 15. For a business to be sold as a going concern both parties must be GST registered, there must be a form of payment, there must be a written agreement that the sale is as a going concern, everything needed to carry on the business must be included with the sale, and the original owner must operate the business until the day of sale. 16....

10. UO v TQ Ltd [2023] NZDT 562 (14 November 2023) [pdf, 97 KB]

    ...which TO had entered into on behalf of both her husband and herself. 7. TQ Ltd submitted that the terms on its website were part of the contract, because it had emailed through a link to the website terms, and TO had signed a “Customer Acceptance Form” that referred to the link as well as listing certain terms. CI0301_CIV_DCDT_Order Page 2 of 4 8. However, the emailed link came too late, as a contract had already been formed by the time the email was sent, just 12 minutes befo...