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1. DD v B Ltd [2024] NZDT 644 (5 November 2024) [pdf, 210 KB]

   ...and obligations of each party are determined by T&Cs of the contract. 7. In simple terms, DD and OE paid the airfare in order to travel on the flights operated by B Ltd. But in order fly they also had to comply with the T&C’s that form part of the agreement between them and B Ltd. CI0301_CIV_DCDT_Order Page 2 of 4 DD’s submissions 8. DD says the flight was due to depart at 4 pm on the 3rd of July 2024 and they arrived at the airport by 3 pm. At the security...

2. NC v D Ltd [2024] NZDT 683 (30 August 2024) [pdf, 211 KB]

   ...18(6) states - the Tribunal shall determine the dispute according to the substantial merits and justice of the case, and in doing so shall have regard to the law but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities. 6. To “have regard to the law” under s 18(6) includes considering legal principles that the referee is aware of in a fair and unbiased manner and applying the law in an impartial manner, save when strict observa...

3. BX v KI & NI [2024] NZDT 881 (7 June 2024) [pdf, 192 KB]

   ...The Tribunal orders: KI and NI, jointly and severally, are to pay the sum of $16,800.00 to BX on or before 24 June 2024. Reasons: 1. In February 2018, BX saw an advertisement in the “Flatmates Wanted” category on [an online selling platform]. A married couple living in a four-bedroom house in [redacted] were looking for “Professional single or couple who want their own space”, and the rent was “$225 per week”. The advertisement stated: “The house is split in 2. We ha...

4. Widdowson v Bekx [pdf, 166 KB]

   ...Boys indicated that at the time of the last inspection he left a note for the Builder indicating that he wished to inspect again once bracing was in place. This was in accord with his notes on the Building Permit. In fact the Builder never requested a further inspection and no further inspection was ever undertaken. Mr Boys conceded that a significant amount of cladding was in place at the time of his last inspection. As he was not undertaking a cladding inspection he took n...

5. [2024] NZEnvC 227 Te Mana Moana o Ngati Irapuaia Trust v Bay of Plenty Regional Council [pdf, 1.8 MB]

   ...under section 279(1) of the Act, such order being by consent, rather than representing a decision or determination on the merits. The Court understands for present purposes that: (a) all parties to the proceedings have executed the memorandum requesting this order; and (b) all parties are satisfied that all matters proposed for the Court’s endorsement fall within the Court’s jurisdiction and conform to the relevant requirements and objectives of the Act, including in particul...

6. QW v RH LCRO 166/2012 (18 October 2016) [pdf, 126 KB]

   ...counsel, because Mr BL had responded to the review application on Mr RH’s behalf, and Mr QW wanted representation at the review hearing to proceed on an “equal footing”.5 [51] On [Date] Mr KN indicated he would not be available on [Date], and requested alternative dates. This Office advised the parties that it might be possible to convene a hearing in [Date] if they consented, but that the review hearing would otherwise proceed as scheduled on [Date]. [52] The parties did no...

7. [2017] NZEnvC 135 Save Wanaka Lakefront Reserve v Queenstown Lakes District Council [pdf, 7.6 MB]

   ...relatively insignificant, assuming each loading or unloading manoeuvre is managed with due efficiency. It is appropriate that a time limit be specified to that end. On the basis of the findings in our Interim Decision, we find the Trust's requested wording sensible remedial clarification of the intention of this condition, subject to adding: (a) after the word 'than', the words: as necessary. (b) after the word 'equipment' and before the following comma:

8. [2019] NZEnvC 033 Liu v Auckland Council [pdf, 457 KB]

   ...reasonable grounds for his stated belief that a roof covered in asphalt shingles on this house at this location would have adverse effects on the environment. [3] This decision will address the issues in that order. The basis for the appeal informs discussion of the subsequent issues. The issue of jurisdiction or power to address the appeal should be considered and determined first, because if there is no jurisdiction then that will dispose of the appeal. Consideration of any discre...

9. LCRO 52/2017 BL v JC (30 November 2018) [pdf, 332 KB]

   ...1 13 March 2014 invoice $2,930 (fee component) plus GST and disbursements which included $1,400 (fee component) for the due diligence, review of easements. 5 [23] The Committee noted that having requested Mr JC to provide that advice Ms BL subsequently provided him with “additional clarification and confirmed that she sought advice as to [the] enforceability” of the easement by “[utilising] their neighbour’s existing power cab

10. 2024] NZEmpC 195 Smalley v Hamilton Hindin Greene Ltd [pdf, 297 KB]

    ...resolve the matter, and that by 30 June 2023, HHG was to disclose all relevant documentation held by it pertaining to the matters in dispute. [12] On 4 July 2023, HHG disclosed documents which it said it had gathered in response to the disclosure request. [13] An issue then arose between the parties as to the adequacy of the disclosure which had been provided. Mr Smalley said that because disclosure was inadequate, mediation should not proceed in the meantime. 2 Smalley v...