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1. [2021] NZEnvC 068 Eden Epsom Residential Protection Society Incorporated v Auckland Council [pdf, 482 KB]

   ...Management Act 1991 against a decision on Proposed Plan Change 21 to the Auckland Unitary Plan EDEN EPSOM RESIDENTIAL PROTECTION SOCIETY INCORPORATED (ENV-2020-AKL-079) Appellant AUCKLAND COUNCIL Respondent SOUTHERN CROSS HOSPITALS LIMITED Requestor KA.INGA ORA- HOMES AND COMMUNITIES s274 Party TUPUNA MAUN GA O TAMAI<:I MAKAURAU AUTHORITY s274 Party Court: Hearing: Judge L J Newhook sitting alone under s279 of the Act On the papers 2 DECISION ON IN...

2. DW and AW v EQC and State Insurance [2019] CEIT-2019-0001 [pdf, 142 KB]

   ...determined on the basis of the overall interests of justice after considering the competing interests of the parties. Respondents unable to file a detailed response due to a lack of clarity in the application should file a pro forma response and orally request further particulars of the claim at the case management conference.” [5] The present request from State Insurance took the form of a letter supported by an affidavit provided by the claims technician to whom DW and AW’s cl...

3. DH v KQ [2021] NZDT 1654 (9 November 2021) [pdf, 203 KB]

   ...TradeMe advertisement he “copied /pasted” the specifications from a website, and also stated that he was the second owner and was “selling as is, no manuals, nor any packaging”. He argued that this should have given prospective purchasers some form of awareness, so they should research further and check the serial number with the manufacturer. However, I find that these other statements did not communicate clearly that KQ was not sure that what he was selling matched the specificat...

4. ST v WJ Ltd [2021] NZDT 1702 (22 December 2021) [pdf, 179 KB]

   ...not intend to mislead the respondent. The applicant claims he was never asked about his criminal history and did not realise he had an obligation to disclosure it. The applicant claims, ED, the car dealer he purchased the vehicle from filed in the forms on his behalf. The applicant claims he was only asked to sign a one-page finance agreement and has no knowledge of any insurance documents ED may have provided to the respondent. [4] This claim has been previously considered by both UG Ltd...

5. UX v TT [2023] NZDT 151 (4 May 2023) [pdf, 131 KB]

   ...obliged to refund the Deposit to UX? (b) If so, is UX entitled to a remedy and is the amount claimed proved and reasonable? Is TT legally obliged to refund the Deposit to UX? 5. The law of contract applies. Once a legally enforceable contract is formed, the parties are bound by the terms they have agreed to, and those terms are enforceable by one party against the other. This means that if one party breaches a term of the contract, the other party may seek a remedy. 6. A deposit...

6. UI & II v D Ltd [2023] NZDT 34 (31 January 2023) [pdf, 104 KB]

   ...‘reasonable care and skill’ only requires that suppliers apply reasonable judgement, which in the case of diagnostic services, requires that they go with the probabilities, applying the most likely fixes first. 11. No independent evidence, in the form of other expert opinion for example, was provided by UI and II to show that D Ltd’s recommendation to replace the seals on the 13-year old car was unreasonable in the circumstances. Further, D Ltd state that the leak appears to have...

7. CL v HG [2024] NZDT 118 (7 March 2024) [pdf, 179 KB]

   ...together. 6. For an agreement to be enforceable there needs to be an intention to create a legally binding relationship. Partners, friends and colleagues make social arrangements, but it is unlikely they can be legally enforced unless the parties perform some act that demonstrates an intention that they will be bound by their promises. 7. When friends fail to keep their promises, the other person may suffer a financial consequence but it may be that they cannot be compensated fo...

8. OB v CM [2024] NZDT 121 (26 April 2024) [pdf, 99 KB]

   ...“ahs” in clause 8 has been changed to “has”. The date for payment has been changed to 16th May 2024. In all other respects the wording of the order remains the same. Referee: G R Meyer Date: 26th April 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 fo...

9. EH v O Ltd [2024] NZDT 237 (11 March 2024) [pdf, 176 KB]

   ...2023 and says he should be entitled to a refund. 2. Despite EH repeatedly asking O Ltd for a refund, they will not agree to do so. 3. O Ltd is a company registered in Australia, but also offers services within New Zealand. O Ltd was sent information by the Tribunal explaining how to call into today’s hearing, which was scheduled for 9.15am (NZ time). No call was however received from O Ltd, despite the Tribunal waiting until approximately 9.25am. The Tribunal also called O Ltd�...

10. NT v HO [2023] NZDT 303 (9 August 2023) [pdf, 109 KB]

    ...of any further deductions he considered were justified from NT’s bond, and has not done so. 17. On this basis I find that HO is liable to pay NT $455.71. Referee: L Trevelyan Date: 9 August 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...