Search Results

1. DC v C Ltd [2022] NZDT 274 (16 December 2022) [pdf, 93 KB]

   ...would the landline as back-up to call an ambulance if the mobile coverage was not working, and in subsequent emails the consumer stressed that this was a life-or-death issue. 4. Eventually the landline was restored on 12 July, but the consumer informed the supplier that she was cancelling the contract immediately due to “poor service reliability, lack of clear communication, and lack of timely and appropriate remedial action”. 5. The supplier issued an invoice for $907.50, comprisi...

2. LD v BD Ltd & BT Ltd [2023] NZDT 560 (24 November 2023) [pdf, 193 KB]

   ...truck and load. [5] LD is clear in his evidence that he was never told of any possible damage to his driveway, that there was no site visit before delivery, and he was not provided with a written contact. He does admit however that he received information via email and had telephone conversations with a salesperson from BT Ltd about delivery method. LD also admits that because the delivery was in October 2021, he cannot be sure a site visit did not take place before delivery, but he is su...

3. WC v HM [2023] NZDT 486 (2 October 2023) [pdf, 173 KB]

   ...ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 486 APPLICANT WC RESPONDENT HM The Tribunal orders: The claim is dismissed. Reasons: 1. When WC moved in with her partner at [address] in February 2022, she formed a bond with a young white and ginger tabby tom cat who regularly visited her. She called him P and said the window was left open for him to come and go as he pleased. Most nights he slept in her bed. A notice was placed on the com...

4. Form-42_Civil_Victims-Order.pdf [pdf, 248 KB]

   Version 21 – October 2023 page 1 10/23 form 42 Tax Invoice Civil Legal Aid Fixed Fees Victims' Orders against Violent Offenders (Applicant & Respondent) Legal aid file no. Invoice date Invoice number GST number Lead provider’s ref. To: Legal Aid, DX Box Number City Customer Lead provider Provider number Law firm Firm number Details of claim Fixed Fee: Date fixed fee(s) completed Fixed Fee Plus: Covers period from...

5. LZ v I Ltd [2023] NZDT 174 (22 May 2023) [pdf, 178 KB]

   ...I am satisfied that while the gift cards were promotional offers as part of the deal to entice customers, they were not contractual in nature because there was no “consideration” or money paid for their purchase. Because the gift cards did not form part of the contract for the drone and product care, there can be no breach of a contract for failing to return the value of the cards as requested. 12. I further take into account that the promotional cards are called “gift cards” wh...

6. ND v KS [2023] NZDT 300 (18 July 2023) [pdf, 186 KB]

   ...make an order for delivery of specific property, but KS is not detaining the kittens, so I have simply noted that KS acknowledges the kittens belong to ND. Referee: E Paton-Simpson Date: 18 July 2023 Page 2 of 2 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...

7. C Ltd v FE [2024] NZDT 48 (10 January 2024) [pdf, 168 KB]

   ...presented to support that C Ltd intentionally caused any damage. 6. For the above reasons, FE is to pay $1,487.58 to C Ltd before 10 February 2024. Referee: L Thompson Date: 10 January 2024 Page 2 of 2 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...

8. [2024] NZEnvC 104 Auckland Council v Li [pdf, 167 KB]

   ...316(1) and 314(1)(b)(i) of the RMA, the Respondent Runfang Li must: 2 (a) use their best endeavours to progress the processing of resource consent application LUC60417381 (the Application) including by responding to all s 92 requests for information; and (b) undertake the remedial work on the property at 202 Albany Heights Road, RD2 Albany, Auckland 0792, legally described as Lot 3 DP 95423, in accordance with the Application if resource consent LUC60417381 is granted and wi...

9. LN v B Ltd [2023] NZDT 717 (4 December 2023) [pdf, 169 KB]

   ...that she would not be entitled to a refund in any circumstances. That clause may not be enforceable however there is another clause headed ‘Force Majeure’ which states that the respondent will not be liable or responsible for any failure to perform or delay in performance of any obligations that is caused by events outside its reasonable control. The New Zealand Government’s response to Covid and the resulting mandates was outside the control of the respondent. I could not order a...

10. KG v D Ltd [2023] NZDT 705 (19 December 2023) [pdf, 176 KB]

    ...loss of the goods. If so, is KG entitled to all or any of the $1,237.00 that is claimed? 8. A party is entitled to seek damages. The object is to place the aggrieved party in the position that would have been occupied had the contract been performed as originally agreed. 9. I am satisfied that the costs to repair the cabinet are reasonable. I find that D Ltd is pay KG $1,237.00. Referee: D Alofivae Date: 19 December 2023 Page 3 of 3 Information f...