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1. B Ltd v QM [2024] NZDT 288 (8 May 2024) [pdf, 93 KB]

   ...touch with him to discuss completion of the work. 4. B Ltd then sent QM a letter advising they “had arranged to finish uncompleted projects”. In order to proceed, they asked QM to review the details in the letter and sign as agreed. The information in the letter included the amount payable and the scope of work. QM signed the letter as being accepted. 5. The motorised louvre was duly completed and installed, with an invoice being raised for the balance of the louvre price.

2. XH v ND [2024] NZDT 300 (20 May 2024) [pdf, 93 KB]

   ...law of contract apply to this dispute. A contract is an agreement that the parties intend to be legally bound by. It involves an exchange of promises and becomes binding when the parties agree on clear and certain terms. The terms of a contract are formed at the beginning, not at the end. A contract can be in writing, oral or a mixture of both. Variations to agreements can be made in the same manner. Subsequent actions, of the parties, can show that parties confirm their intention to be bo...

3. BS & CS v C Ltd [2024] NZDT 314 (20 April 2024) [pdf, 91 KB]

   ...supplied to a consumer, there is a guarantee that the service will be carried out with reasonable care and skill. CGA s 29 provides that services must be reasonably fit for any purpose the consumer makes known to the supplier before the contract is formed, unless the circumstances show that the consumer does not rely on the supplier's skill or judgment, or it would be unreasonable for the consumer to do so. CI0301_CIV_DCDT_Order Page 2 of 3 7. I consider that the supplier failed...

4. ES v T Ltd [2024] NZDT 547 (2 August 2024) [pdf, 122 KB]

   ...or repair of the silo. 3. No further contact was made by ES to either T Ltd, NC or W Ltd regarding the matter and, on 30 March 2021, NC wrote to ES advising him that if he wished to have the matter settled he would need to sign the discharge form sent to him in February 2019 with the offer of settlement. ES responded on 28 April 2021 stating again that the offer is unacceptable, and he will be filing a claim in the Tribunal. 4. ES filed his claim on 19 February 2024. He claims th...

5. TD v T Ltd [2024] NZDT 451 (21 June 2024) [pdf, 213 KB]

   ...interpretation, its ordinary and natural meaning, is a rule that is generally applied by the courts. 9. Mr E explained that because the boundary is specifically referred to as a “residential boundary”, the implication is that there can be other forms of boundary such as the boundary around the perimeter of the lifestyle block. 10. He said, that clearly, “residential boundary” means the boundary adjacent to the residence or home. CI0301_CIV_DCDT_Order Page 2 of 3...

6. Remote participation in courts discussion document plain language summary [pdf, 199 KB]

   ...made to the law. Once the Government has made decisions, the Ministry will publish a summary of the feedback on its website. The summary will not include information that could identify individuals who have given feedback. Official Information requests Your feedback is subject to the Official Information Act 1982 (OIA). If your feedback is within scope of an OIA request for information, the Ministry is required to release the information unless one of the withholding grounds o...

7. OT v C Ltd [2025] NZDT 99 (9 May 2025) [pdf, 179 KB]

   ...truck for the following reasons: (a) There is uncertainty about where OT’s car was at the time it was damaged. OT initially named the [Street 3 roundabout] at the intersection of [Highway] and [Street 3]. That is what is stated on the claim form and was OT’s initial evidence at the hearing. CI0301_CIV_DCDT_Order Page 2 of 3 (b) C Ltd’s truck has a dash camera. EH has checked the dashcam and discovered that the truck turned from [Highway] to [Street 4] around 200-300m...

8. [2013] NZEmpC 13 NZ Post Primary Teachers Assn & Gray v Cambridge High School & Secretary for Education [pdf, 174 KB]

   ...2011, the NZPPTA wrote to the Ministry requesting a meeting of the Issues Committee about several issues concerning the calculation of salaries of overseas-trained teachers. 24.2. The result of the meeting was that the Secretary for Education requested that Ms Borrell and an advocate from the NZPPTA meet to attempt to resolve the issues of disagreement that led to the meeting. 24.3. Ms Borrell’s 15 July 2011 email set out a proposal for a way forward regarding these issues....

9. Otago Standards Committee v Rayner [2014] NZLCDT 62 [pdf, 87 KB]

   ...Ms Anderson drew from what the practitioner said, but was asking for what he actually said, she responded that she didn’t know why else she would have put that in her notes. [42] During oral evidence the Tribunal asked Ms Anderson if she had formed a view as to the reliability and accuracy of statements and responses made to her by M. She responded that there were consistencies in some things that were said with what the practitioner acknowledged and that she thought the statemen...

10. 2017 NZSSAA 026 (12 June 2017) [pdf, 155 KB]

    ...which he did not declare as income when providing the information required by the Ministry to establish his eligibility for benefits. Conclusions [62] Mr XXXX failed to provide evidence to directly determine his income for the 2012 period as requested by the Ministry, either at the time it was requested or at the hearing. The financial records for the 2011 and 2013 years are the best indication of the results for 2012. Mr XXXX neither provided evidence of the actual income, n...