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1. BW x XT [2022] NZDT 202 (12 December 2022) [pdf, 96 KB]

   ...him stress. 4. BW seeks all his rent paid of $3,486.00 returned to him and $1,514.00 for the stress he says has suffered. 5. XT has not contested any of this evidence. He did not file any defence or response to the allegations in the claim form. He did not attend today’s hearing. 6. This Tribunal has jurisdiction for claims in contract. The flat sharing agreement is a contract. The major benefit of a flat sharing agreement is the provision of a place to live. One of the implie...

2. KW v T Ltd [2024] NZDT 195 (28 March 2024) [pdf, 203 KB]

   ...infiltration incident, where he conceded that he may have missed a scheduled spray. 5. To support his claim that the insect infiltrations were caused by poor workmanship in the installation of the unit, KW provided evidence from B Ltd in the form of an email that states in part ‘The entry point of the sensor beam wire which came in through the back of the control box was not sealed. That is where the slug could have got in and shorted the board, and as for the spraying of insec...

3. QD v QC [2023] NZDT 461 (3 July 2023) [pdf, 105 KB]

   ...480kg carcass should yield about 320kg in processed meat (two-thirds of the carcass weight). QC based this on: i. Conversations that he has had with other butchers; and ii. His own research on the internet. I can give little weight to information that QC gives me about what other people have told him. That is hearsay evidence. With regards to QC’s internet research, he provided a single citation from an unknown website which states: If you purchase a 1,200lb steer w...

4. NP v KM 2 [2023] NZDT 340 (20 June 2023) [pdf, 194 KB]

   ...saddle (as set out in paragraph 19 below). Background 1. The adjournment order dated 8 March 2023 sets out the background to the dispute. 2. Pursuant to that order, NP returned the saddle to KM, and KM had it assessed by BN. 3. KM informed the Tribunal that, on the basis of BN’s findings, she did not agree to refund the purchase price to NP. A second hearing took place by phone on 2 June 2023. Findings 4. It is not disputed that KM’s Facebook Marketplace listi...

5. EQ v B Ltd [2023] NZDT 504 (13 October 2023) [pdf, 198 KB]

   ...lapse of time. B Ltd said that the relevant staff members were no longer with the company, and practices have changed in the years since EQ’s treatment. Difficulties in defending old claims due to records being lost and memories fading over time form part of the rationale behind having limitation periods, and could also be a reason to view a claim under the CGA as having been waived by such a long delay. However, it is unnecessary to decide CI0301_CIV_DCDT_Order Page 2 of 3 w...

6. NM v U Ltd [2023] NZDT 512 (25 October 2023) [pdf, 177 KB]

   ...breaches of the FTA or the CGA, or for that matter the terms and conditions of the contract between NM and the company, the claim is therefore dismissed. Referee: M Wilson Date: 25 October 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. KD v LT [2023] NZDT 317 (9 August 2023) [pdf, 93 KB]

   ...work, rather than proceeding to have repairs done without first contacting him. He said that some weeks had passed between the date he sold the unit and when he had first learned of KD’s concerns, and he had offered a refund as soon as he had been informed of the problems with the unit. The issue [6] I must decide whether the fridge-freezer was accurately described by LT as “good working” and, if it was not, what reasonable compensation LT must pay. The law CI0301_CIV_DCD...

8. [2024] NZEnvC 125 Minister of Conservation v Marlborough District Council [pdf, 401 KB]

   ...consent, orders that: 1 Resource Management Act 1991. 2 the appeals are allowed. The Marlborough District Council is directed to amend the proposed Marlborough Environment Plan by making the changes set out in Appendix 2 attached to and forming part of this order; the balance of the appeals remain extant. B: Under s285 of the RMA, there is no order as to costs. REASONS Introduction [1] This proceeding concerns appeals on the Indigenous Biodiversity topic of the pro...

9. NN v SG Ltd [2024] NZDT 111 (13 February 2024) [pdf, 199 KB]

   ...Ltd is to pay NN $4,643.99 on or before 6 March 2024. 2. The remainder of the claim is dismissed. Reasons Introduction 1. In early October 2023, NN’s [ute] (‘the ute’) was taken to SG Ltd with a suspected blown head cylinder. NN was informed the repair would cost approximately $1,500.00 for the head cylinder plus two days labour. The total quote for the job was in or around $3,000.00. Repairs were carried out and when NN went to collect the ute, he was charged $8,668.99 for th...

10. NC v KU [2023] NZDT 425 (4 September 2023) [pdf, 186 KB]

    ...car the car works fine? 5. I find that KU did not make a misrepresentation when she meet with NC and clarified that the cars works fine, and that money would need to be spent on the car to get it road legal. I make this finding on the following information: a. KU stated she informed NC that the car worked, and that money would need to be spent to get it road legal. She said NC kept making low offers to buy the car and when doing so he would say that he didn’t know if there was any...