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1. NB v UJ Ltd [2021] NZDT 1498 (23 April 2021) [pdf, 187 KB]

   ...hearing Mr S argued that NB was aware that there were works taking place on the road and had not made a reasonable effort to protect his assets. Mr S pointed out that there were two flyers sent to property owners by Fulton Hogan and Auckland Transport informing them of the work. He also argued that it is common knowledge and NB ought to have been aware that concrete pouring could cause harm, and taken steps to keep his business assets safe. 10. The flyers inform residents that work on...

2. HD v FT [2017] NZDT 1396 (20 March 2017) [pdf, 183 KB]

   ...are reasonable as they have been approved by an assessor. 11. Accordingly FT is liable for the costs of repairs to HD’s car of $3,883.78. Referee: E Paton-Simpson Date: 20 March 2017 CI0301_CIV_DCDT_Order 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 or a mistake was made. If you wish to apply...

3. KM and MM v IO Ltd and LC Ltd [2020] NZDT 1408 (15 May 2020) [pdf, 217 KB]

   ...June 2020; and The claim against IO Ltd is dismissed. The issuing of this order has been delayed as a result of the COVID 19 lockdown. Reasons 1. On 19 August 2019, LC Ltd (‘LC’) entered KM and MM’s property at [Property A], and performed extensive tree pruning (‘pollarding’) on a large [Redacted] tree in their front yard. 2. IO Ltd had engaged LC to work on a tree at the front of [Property B], but LC mistakenly entered the neighbouring property belonging to KM and MM...

4. JU Ltd v U Ltd [2021] NZDT 1633 (6 October 2021) [pdf, 205 KB]

   ...was most likely to have occurred on a number of separate occasions. Therefore, I find that it was caused by multiple events, and U Ltd is entitled to charge multiple excesses. 8. U Ltd has charged excesses on a room by room basis. It presented information from the Insurance Ombudsman as the basis for calculating the excesses this way. No other arguments or suggestions for a basis on which to calculate the correct number of excesses were made. Therefore, I accept U Ltd’s calculations...

5. GU Ltd v LN [2022] NZDT 59 (7 June 2022) [pdf, 241 KB]

   ...a. What were the terms of the contract for hiring the scooters? b. Have those terms been breached? c. If so, what is the remedy? 3. LN did not attend the hearing. LN was phoned to join the hearing however the call did not connect. LN had informed the Registrar he would not be attending. The hearing proceeded without LN on the evidence presented in accordance with s42 of the Disputes Tribunal Act 1988 (DTA). What were the terms of the contract for hiring the scooters? 4. The

6. 2023 February Family Violence Provider Update [pdf, 150 KB]

   ...checks required for the facilitator approvals process. The document also clarifies the requirements of the Children’s Act 2014 in regard to police vetting and safety checking of facilitators. Providers will choose from two options when they’re requesting a vetting check: • ‘Agency name’ (Select this option when requesting a vetting check for any staff who will not be facilitating programmes), or • ‘Agency name – Family Violence Specialists’ (Select this option...

7. HD v BF Ltd [2022] NZDT 183 (4 October 2022) [pdf, 96 KB]

   ...The claim and counterclaim are dismissed. Reasons: 1. The dispute concerns a contract for design of a new house. On 23 March 2021, the applicant HD (the client) signed an agreement with the respondent BF Ltd (the designer) headed “Short Form Agreement for Architectural Design Services”. The client (who was acting as an agent for a third party under a power of attorney) paid $5,865.00 under this agreement on 24 March, and a further $5,175.00 on 31 May 2021. The designer complete...

8. BC v GN [2021] NZDT 1674 (28 November 2021) [pdf, 203 KB]

   ...BC. 4. The issues I must decide are: a. What terms were agreed? b. Was the contract frustrated? c. Is BC entitled to $581.00 as claimed, or to any other sum? What terms were agreed? 5. Under contract law, 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 terms of a contract are formed at the beginning, not at the end, and what was agreed is looked at objectively, i.e., by looking...

9. KX and NX v GV Ltd [2022] NZDT 47 (14 January 2022) [pdf, 212 KB]

   ...in s 43. None of those situations apply here. The claim for payment of the filing fee is therefore dismissed. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: R Merrett Date: 14 January 2022 Page 4 of 4 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...

10. DN v TQ [2021] NZDT 1632 (4 October 2021) [pdf, 213 KB]

    ...by 1/3 to reflect DN’s contribution. 24. For these reasons, TQ is to pay DN the sum of $1,748.00. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: K Johnson Date: 04 October 2021 Page 4 of 4 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...