Search Results

1. [2023] NZEnvC 252 Woodgate v Palmerston North City Council [pdf, 184 KB]

   ...the Act and alleges that the “Commissioner misdirected himself as to the data threshold to be met under 88(3), and as to the appropriateness of aggregating minor data elements/deficiencies, each of which were amenable to being … within a s 92 request for information process, to form a view that the totality of the application was 3 insufficient for s 88(3) purposes”.1 The Law [6] Section 88 relevantly provides: (2) An application must— (a) be made in the prescribe...

2. L Ltd v B Ltd [2024] NZDT 86 (22 February 2024) [pdf, 139 KB]

   ...that she is entitled to any compensation for reasons which include the following: a. The terms and conditions of the contract between L Ltd and B Ltd for the provision of card payment services are contained in three documents; the application form signed by the customer (L Ltd), the B Ltd Merchant Services Terms and Conditions document, and the B Ltd Merchant Operating Guide. Part of the application form requires the customer to agree to the other two documents (as well as some others...

3. DI Ltd v NW & Ors [2024] NZDT 657 (13 September 2024) [pdf, 209 KB]

   ...the trees that are on the park, and from the strops used to hold and lower them into place. He said the rooves were the most badly affected, although he did not provide any photos of that damage. NW did provide photos of some damage, mostly in the form of scratches, to some of the cabins. He said that each cabin suffered some damage. A few photos also showed some dents. 10. NW engaged the builder who built the cabins, Mr D, to provide his opinion of what caused the damage. Mr D...

4. SX v J Ltd [2024] NZDT 788 (16 September 2024) [pdf, 190 KB]

   ...overheated and J Ltd and its reports are wrong when they say he had a pre-existing overheating problem. SX explained in great detail his long history as a long haul truck and trailer driver. He explained the processes he follows to check and monitor the performance of his truck and he explained a similar checking and monitoring process for his ute. 5. He states on the day of the accident he had worked a 13 hour day and had a very heavy load on his ute and this was the first time he wa...

5. QC v N Ltd [2024] NZDT 782 (24 September 2024) [pdf, 108 KB]

   ...to call Z as a witness, nor did he provide any explanation as to what then occurred in relation to the painting assessment. 9. In these circumstances I find it more likely that not that the final product was not reasonably fit for purpose. In forming this conclusion I considered the timing of the purchase, and when the painting was completed, and I gave some weight to the possibility that some minor damage to the paint on the walls might have occurred during the open homes. However, o...

6. TS v A Ltd [2024] NZDT 495 (30 May 2024) [pdf, 194 KB]

   ...damages are appropriate in this case. 22. For these reasons I find that A LTD is liable to pay TS damages of $ 1,137.18 ($417.18 + $720.00 = $1,137.18). Referee: Lucy Trevelyan Date: 30 May 2024 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 rehe...

7. SP v GC Ltd [2024] NZDT 500 (17 June 2024) [pdf, 202 KB]

   ...costs to remedy the problems with SP’s roof were $3,029.00 ($529.00 plus $2,500.00). For these reasons I order that GC Ltd is liable to pay SP $3,029.00. Referee: L Trevelyan Date: 17 June 2024 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...

8. GI v D Ltd [2024] NZDT 452 (27 June 2024) [pdf, 197 KB]

   ...In addition, I am not persuaded that the Terms and Conditions were given to GI, or that anything about the 6-month hire were drawn to his attention. In the absence of signatures from both parties on the Terms and Conditions, I cannot be sure they formed part of the contract. 6. In conclusion, I find that there was no minimum hire period, therefore GI is not liable to pay an additional $736.28 for rent and this part of the counterclaim is dismissed. However, GI is entitled to a refund o...

9. TI & NI v HJ Ltd [2024] NZDT 487 (4 June 2024) [pdf, 280 KB]

   ...claim that has been made against it. The last hearing was adjourned to allow HJ Ltd to provide full details of the amount that it wishes to have considered as a set-off to the claim that has been made against it, however HJ Ltd has not provided any information regarding this to the Tribunal. 3. HJ Ltd did not attend the hearing today. The absence of a party does not prevent the hearing going ahead. 4. The issues to be resolved are: a. Did HJ Ltd provide its services with re...

10. KC v KZ [2024] NZDT 421 (30 April 2024) [pdf, 205 KB]

    ...the photos attached to the [online] advert. The tyres were clearly visible to all prior to purchase. 27. For these reasons, this claim is dismissed. Referee: P Byrne Date: 30 April 2024 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...