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1. BM v LD [2023] NZDT 122 (15 March 2023) [pdf, 176 KB]

   ...the car back? Did the parties have a binding agreement for sale of the car? If so, what were the terms? 6. The common law of contract allows parties to enter into legally binding agreements. A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. The courts take an objective approach to deciding what has been agreed, based on the communications between the parties. 7. The parties gave conflicting evidence regarding their verbal a...

2. ZZ v L Ltd [2023] NZDT 323 (11 August 2023) [pdf, 233 KB]

   ...that the concrete supplied by L Ltd is of acceptable quality. His claim is therefore dismissed and there is no need for me to address the third issue (remedy). Referee: R Merrett Date: 11 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 r...

3. Appendix-A1-NZEAN-Legislation-Changes-Requests-2.pdf [pdf, 188 KB]

   ...road users. ● NOTE There is no such thing as a shared path, really. It is a cycletrack, that pedestrians are permitted on. LGA specifically only permits creating a roadway, footpath or cycletrack - so let’s fix the contortions that are being performed once and for all by fixing the LGA 1974. ● NOTE2 Having contorted to a shared path, horses are specifically removed and denied access.  11.1A Use of shared path (1) This clause applies to a path that— (a) may be a cycle path, a foo...

4. S Ltd & T Ltd v BK [2023] NZDT 400 (4 July 2023) [pdf, 198 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 3 Was there a binding contractual agreement between the parties? 5. The common law of contract allows parties to enter into legally binding agreements. A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. 6. The consumer submitted that there was no contract formed. Her reasons included the discussion of needing a written contract, and a lack of certainty of some terms. It is unnecessary for...

5. NL & TG v JN [2024] NZDT 44 (12 January 2024) [pdf, 204 KB]

   ...APPLICANT NL APPLICANT TG RESPONDENT JN The Tribunal orders: The claim is dismissed. Reasons 1. NL and TG live next door to a property that is co-owned by JN. 2. Their claim relates to problems with the behaviour of former occupants of that property, in particular that they threw rubbish over the fence onto NL and TG’s lawn. 3. The claim seeks compensation of $300.00 for the removal of the rubbish. 4. The hearing took place by phone on 11 Januar...

6. CQ v LM [2023] NZDT 703 (16 December 2023) [pdf, 231 KB]

   ...he has shortpaid 4 days rent, being $168.57. I find it reasonable to deduct this amount from the bond held and order the balance of $421.43 be refunded. Referee: DTR Edwards Date: 16 December 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 rehe...

7. XC v UD [2023] NZDT 766 (8 December 2023) [pdf, 203 KB]

   ...evidence that it will take an estimated $7,000.00 to bring the vehicle into the condition represented by UD, thus being the difference in value. Referee: L. Mueller Date: 8 December 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...

8. MS v D Ltd [2023] NZDT 763 (18 December 2023) [pdf, 176 KB]

   ...Tribunal awards the $5,000.00 MS seeks but deducts the outstanding amounts due under the contract, leaving a balance payable to MS of $2,400.00. Referee: L. Mueller Date: 18 December 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 r...

9. BG v BO Ltd [2024] NZDT 632 (8 October 2024) [pdf, 186 KB]

   ...and accepted the change fee. And that BO Ltd did not breach the Act. 15. BG is not entitled to a refund as sought and the claim is dismissed. Referee: A Chand Date: 8th October 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 re...

10. QN v UD & ND [2024] NZDT 640 (26 August 2024) [pdf, 225 KB]

    ...although I accept that the respondents breached their contractual obligations to [website], that does not necessarily invalidate the contract that the applicant and the respondents entered into. 14. I take into account that [website] is a platform and does not take part in the transactions. Those transactions are between the members. 15. For these reasons, I am satisfied that the [website] terms and conditions do not effect the agreement between the parties because it was their a...