Search Results

1. Q Ltd v UL [2024] NZDT 129 (12 March 2024) [pdf, 178 KB]

   ...lease terms. The amount due is higher than the jurisdiction of the Tribunal, however Q Ltd reduce their claim to stay within the jurisdiction of the Tribunal. 4. The matter was adjourned after the first hearing for the parties to obtain further information. When the hearing resumed, I was unable to contact UL. Calls went straight to voicemail. There were no further submissions from UL, and she had not been in contact with the Tribunal. UL had been informed of the date of the hearing. I w...

2. Appendix-M3-NZEAN-Legislation-Changes-Requests-.pdf [pdf, 181 KB]

   Summary of Changes Requested ● The NZTA states that rule changes may be requested through the Minister when rules are unclear. ● The Land Transport Act 1998 directs that the Minister in making or recommending a rule, must have regard to, and give such weight as the Minister considers appropriate to whether the proposed rule …  ○ assists economic development,  ○ improves access and mobility, ○ protects and promotes public health and\or ○ ensures environmental sustainability.

3. O Ltd & P Ltd v UU [2023] NZDT 474 (4 September 2023) [pdf, 174 KB]

   ...any lien over the car. There is no legal right to hold goods until the owner of the goods pays a third party. 10. Neither is there any worker’s lien for mere storage of goods: a worker’s lien only applies where someone has improved goods by performing work on those goods, not where goods have only been maintained. Is the buyer entitled to damages? 11. The tort of detinue applies where a person entitled to possession of the goods requests the return of goods, and the other party...

4. DI v EL & N Ltd [2024] NZDT 81 (23 January 2024) [pdf, 134 KB]

   ...on the continuing road. CI0301_CIV_DCDT_Order Page 2 of 3 7. The collision occurred at the intersection of [Street 1] and [Street 2] in [Suburb 1] on a weekday morning at around 8-8.30am, during the normal “rush hour”. [Street 2] forms a T intersection with [Street 1]. [Street 2] is a terminating road and [Street 1] is the continuing road. 8. EL was on [Street 2] intending to turn right across [Street 1] to drive North towards [Suburb 2]. DI was driving down [Street...

5. UM v BD [2024] NZDT 699 (15 November 2024) [pdf, 215 KB]

   ...after they declined to provide a replacement vehicle. I therefore find UM is entitled to a refund of 19 days hireage at $68.09 per day, which equates to $1293.71. Referee: DTR Edwards Date: 15 November 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 reh...

6. OT v UB [2024] NZDT 817 (11 November 2024) [pdf, 218 KB]

   ...issues (photos exhibited), and it had last had a Certificate of Fitness check on 22 March 2024 which it passed and which the respondent had completed in preparation for a sale. 8. However, on the occasion of that check, VTNZ noted details on a form listing issues with the van that may be needed to be looked at on its next COF check (September 2024) and the list included reference to certain mechanical issues and “all rust”. CI0301_CIV_DCDT_Order Page 2 of 4 9. Toget...

7. BW v BB [2024] NZDT 646 (20 August 2024) [pdf, 180 KB]

   ...her room. BW claims that part of the verbal agreement was that BB would not leave before duration of the fixed term tenancy. BW denies that this was a part of the agreement. 4. The general law of contract applies. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The law of contract requires parties to a contract to adhere to the terms of that contract unless there is a legal reason not to do so....

8. MT v P Ltd [2024] NZDT 740 (29 October 2024) [pdf, 203 KB]

   ...Police and provide a copy to them, which he did. 4. P Ltd ultimately cancelled the invoice and the debt recovery action. 5. MT’s claim seeks compensation for travel and inconvenience related to disputing the debt, including obtaining the information required by P Ltd. Findings 6. MT’s wide-ranging complaint raises issues that fall outside of the jurisdiction of this Tribunal, including a complaint that P Ltd breached his privacy by carrying out a credit check on him w...

9. KT & NT v N Ltd [2024] NZDT 374 (31 May 2024) [pdf, 178 KB]

   ...with its frame and motor. I find that to be reasonable and I further find that N Ltd should meet the entire replacement cost of the panels because the door was new. Referee: G R Meyer Date: 31st May 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 r...

10. IB v TT [2024] NZDT 588 (29 July 2024) [pdf, 172 KB]

    ...took place on 23 May 2021. Around four months later, the buyer noticed a leak in the lower-level garage during heavy rain through a hole in the concrete wall. She consulted plumbers but they could not provide a satisfactory solution. Eventually she formed the view that some wooden planks on the floor of the garage must have been installed to channel water out of the garage. She investigated further, and came to the conclusion that the seller had installed the planks and knew about the leak...