Search Results

1. DD v H Ltd [2023] NZDT 536 (17 October 2023) [pdf, 214 KB]

   ...the respondent should be paid. Therefore, I find that the applicant should pay the respondent the amount of the invoice less $49.88, a total of $1,012.00. Referee: K. Armstrong Date: 17 October 2023 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 r...

2. DL v ET [2023] NZDT 532 (9 October 2023) [pdf, 201 KB]

   ...retaining wall will provide a “substantial structural benefit” to DL’s property, something DL denies. CI0301_CIV_DCDT_Order Page 2 of 4 Issues 11. The general or common law principle states that every landowner has a duty not perform any activity on their land which would cause damage to another person’s land. This is known as the right of support for the land in its natural state. 12. But the “right of support” does not require the property owner to take po...

3. ST Ltd v FS [2023] NZDT 543 (31 October 2023) [pdf, 203 KB]

   ...Ltd’s services were not carried out with reasonable care and skill and that the driveway is not fit for purpose. FS has provided many photographs of problems resulting from poor workmanship throughout the job, but the major issue is with the likely performance of the driveway over time given the contractual breaches described above, of the lack of mesh and the inadequate driveway thickness. Those issues are not aesthetic or minor, they relate directly to the overall strength and longev...

4. EI & OI v TS & NS [2023] NZDT 477 (28 August 2023) [pdf, 336 KB]

   ...breach of vendor warranty under the sale and purchase agreement? 9. The sale and purchase agreement was not before the tribunal, but the standard ADLS agreement was used for the sale. Accordingly, the law of contract applies. Once a contract is formed, the parties are bound by the terms they have agreed to, and those terms are enforceable by one party against the other. This means that if one party breaches a term of the contract, the other party may seek a remedy. 10. The standard...

5. [2023] NZEmpC 132 A Labour Inspector v Star Moving Ltd [pdf, 224 KB]

   ...various minimum employment entitlements. [10] The Inspector’s investigation began on 11 June 2020. She spoke with the common director of the companies, Stuart Biggs, on 27 November 2020 to tell him about the existence of the complaints and to request employment records including a list of employees for each company. On 29 November 2020, he sent some information to her relating to the defendant Star Nelson. However, he did not answer the Inspector’s request to provid...

6. KC v BC Ltd [2023] NZDT 712 (19 December 2023) [pdf, 263 KB]

   ...from the respondent’s written correspondence that the respondent gives a different meaning to new, as stated on its website: [brand] products are brand new, box damaged items. This means the product or packaging has been damaged in some way or form resulting in the product not making it to normal retail stores. They have never been owned by anyone prior. We buy all such [brand] products we can source, inspect, test and repair before making them available to you at the lowest prices...

7. [2024] NZIACDT 11 - UT v Lawlor (11 March 2024) [pdf, 103 KB]

   ...May 2023. The couple made a complaint to the Authority alleging Mr Lawlor had misled them and had not replied to their communications. Decision of the Tribunal [7] It was found that Mr Lawlor had: (1) Failed to respond to the complainant’s request to check the application status herself, in breach of cl 1 of the Code. (2) Failed to provide the complainant with an invoice containing a full description of the services the fee related to, in breach of cl 22. 1 UT v Lawlor [202...

8. ZQ v S Ltd and others [2024] NZDT 707 (12 August 2024) [pdf, 115 KB]

   ...the process of powder coating? 6. When two parties reach agreement about, for example, one party providing services in exchange for a fee, a legally binding contract arises. The contract’s terms are those agreed at the time the contract is formed. If terms in writing are presented and agreed to, then those are the terms, and if no written terms are provided, the terms are those agreed to or obviously implied to make the contract work. The Consumer Guarantees Act 1993 (CGA) implies g...

9. Guidelines-for-use-of-generative-artificial-intelligence-in-Courts-and-Tribunals-for-lawyers.pdf [pdf, 503 KB]

   ...rule of law, to facilitate the administration of justice1 and the overriding duty of a lawyer as an officer of the court.2 As officers of the court, lawyers must not mislead the court.3 They must take all reasonable steps to ensure the accuracy of information (including legal citations) provided to the court, and to avoid any risk of breaching suppression orders. In addition, lawyers have obligations to their clients, opposing parties and opposing counsel, including obligations to preserv...

10. OIA-119222.pdf [pdf, 1.1 MB]

    Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 ContactUs@justice.govt.nz | www.justice.govt.nz Our ref: OIA 119222 6 March 2025 Tēnā koe Official Information Act request: Shoplifting statistics Thank you for your email of 5 February 2025 to the Ministry of Justice (the Ministry), requesting statistics regarding shoplifting under the Official Information Act 1982 (the Act). Specifically, you requested: 1. For the years 2020/20...