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1. Auckland Standards Committee 1 v Pomeroy [2020] NZLCDT 7 [pdf, 92 KB]

   ...unsatisfactory. [13] We find that Ms Pomeroy’s unsatisfactory conduct is at the lower end of the scale. The conduct was nevertheless not a minor or insignificant breach of Ms Pomeroy’s professional obligations. Ms Pomeroy failed to respond to requests from the Committee over a long period. In doing so, she impeded the Society’s disciplinary processes which are important to the reputation and functioning of the profession. We consider unsatisfactory conduct of this nature s...

2. NL v BU Ltd [2021] NZDT 1565 (28 July 2021) [pdf, 176 KB]

   ...entitled to a refund. Conclusion 8. For these reasons the second issue need not be determined, and BU Ltd is to refund NL $420.00 by the date stated in the order. Referee: K Rendall Date: 28 July 2021 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...

3. [2021] NZEnvC 186 Wallace v Waikato District Council [pdf, 193 KB]

   ...intention to become a party to a proceeding under s 274 of the Act. Close reading of his purported notice shows a wish to be made a party to the substantive resource consent proceeding before the Council, something s 274 does not enable. Each request for declaration will be assessed in turn. Regrettably each has proven to be entirely misconceived. Disclosure of resource consent applications Mr Wallace seeks a declaration on whether a copy of the resource consent applications s...

4. BB Ltd OD Ltd v ED Ltd [2019] NZDT 1532 (18 December 2019) [pdf, 93 KB]

   ...priority over a security interest relating to same goods. 9. However, I am not persuaded that ED has a lien over the vehicle. There is no 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. 10. ED claimed that there was a contractual lien based on verbal agreement. However, the applicants’ representative UN denied any such agreement. ED produced an emai...

5. IC v CH [2022] NZDT 104 (7 September 2022) [pdf, 172 KB]

   ...in addition to the purchase price. 2. When IC contacted CH to arrange shipping, he refused to make the goods available, emailing that he had made a mistake when setting up the auction because he “did not realise there was a reserve”. He informed her he could not let a collection worth “nearly $1000.00 go for $100.00”. 3. CH did not supply a phone number in order to participate in the hearing – the absence of a party does not prevent a hearing from going ahead or an orde...

6. 2021 October - Family Violence Provider Update [pdf, 152 KB]

   ...questions, we have asked for further detailed guidance on mask use in social service settings – watch this space. We encourage you all to subscribe to the COVID-19 updates from MSD, this can be done by emailing Community_Information@msd.govt.nz and requesting to be added to the email distribution list. Quarterly reporting update and timeframes The quarterly reports for quarter 1 (July – September 2021) are due on 20 October 2021. Given the instability of the last few months,...

7. T Ltd v Q Ltd [2022] NZDT 93 (2 September 2022) [pdf, 197 KB]

   ...compressor, charger and battery kit (the kit) online through Q Ltd for $1079.00. 2. Q Ltd responded to the online order that the product was not available instore and would therefore have to be ordered from the supplier. 3. On 22 July Q Ltd informed T Ltd that the kit was no longer available and refunded T Ltd his payment. 4. T Ltd is claiming $2,000.00 for the cost of purchasing the kit as to acquire the kit the individual components of the kit now have to be purchased separa...

8. SK v T Ltd [2023] NZDT 196 (12 May 2023) [pdf, 169 KB]

   ...Ltd has demonstrated they had the authority of the lessee of the land to tow vehicles from its site, his claim for a refund and associated costs does not succeed. Referee Perfect Date: 12 May 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 rehe...

9. XP v O Ltd [2023] NZDT 729 (12 December 2023) [pdf, 223 KB]

   ...Tribunal orders: O Ltd is to pay XP the sum of $750.00 immediately. Reasons Hearing 1) XP filed this claim on 9 August 2023 and a hearing was notified for 4 October 2023. 2) However when contacted on that day, a representative of O Ltd informed the tribunal that O Ltd : “was unprepared for the hearing today…because the manager who was to act on behalf of the company was at hospital for a procedure …The Registry was not notified of this.” 3) Accordingly a furth...

10. NK v ND [2023] NZDT 754 (7 December 2023) [pdf, 183 KB]

    ...against ND Result of application for rehearing: Rehearing Refused The Order of 5 September 2023 stands. Reasons for decision: 1. NK filed a rehearing application on 28 September 2023, dated 22 September 2023, saying he was not informed of the hearing date and had to do the hearing in his car without his notes or documents relating to the case and because of this there was confusion about the amount ND had paid him and then owed. He maintained the original price for...