Search Results

1. NO v UM [2023] NZDT 629 (21 November 2023) [pdf, 187 KB]

   ...provided in the amount of $1,200.00 for “one-off tidy up of gardens, trimming also, waste removed”. UM accepted the quote and the required deposit of $300.00 was paid. CI0301_CIV_DCDT_Order Page 2 of 3 9. The parties agreed that the job was scheduled to be done on 16th/17th October 2023. The gardener undertook the work on 16th October which involved using a weed whacker to cut down weeds, weed spray was used around the gardens, and waste removed from the site. 10. NO...

2. BV v JU [2023] NZDT 668 (27 October 2023) [pdf, 181 KB]

   ...JU. 6. JU declined to refund the entire amount on the basis that there was no written or other agreement around the circumstances under which a deposit would be refunded, and also that she and her husband had already purchased paint for the job (which was to begin the next day) and had turned away another job due to BV’s booking. She agreed to refund BV $5,000.00 of the $10,542.05 deposit paid and transferred that sum to BV’s account. BV seeks to have the full amount of the...

3. FB v TT Ltd [2022] NZDT 201 (17 July 2022) [pdf, 156 KB]

   ...contract. 4. I must interpret the usual everyday meaning of the words used in the contract to arrive at what the parties have agreed, therefore what is permittable or enforceable or not. 5. TT Ltd relies on 3 clauses in its written quote for this job which it says entitled it to increase the price stated in that quote some 5 months later. I deal each of these clauses below. 6. Page 2 of the quote paragraph 4 does not assist TT Ltd and does not apply. It states the quote is valid...

4. NH Ltd v NZ [2024] NZDT 159 (26 March 2024) [pdf, 179 KB]

   ...Tribunal orders: The claim is dismissed. Reasons: 1. In June 2020, NZ engaged NH Ltd to construct a driveway for his newly built home. On 31 July 2020, after the work was complete, NH Ltd invoiced NZ $30,111.60, but NZ was unhappy with the job and only paid $13,800.00. NH Ltd now claims $18,818.00, comprising the $16,311.60 balance of the invoice together with $977.50 for additional earth-moving, $1,287.50 for decking timber left on the property, and $241.60 in interest. 2. The i...

5. Q Ltd v S Ltd [2023] NZDT 772 (13 December 2023) [pdf, 158 KB]

   ...3. MK did not agree that TT used the wrong size pipework and refused to give RX the refund he was seeking. 4. RX had dyna testing carried out at a cost of $632.50, and provided MK with the results. MK did not change his view. 5. RX had the job redone at a cost of $685. 6. RX is claiming $1317.50 comprising the dyna tune charge of $632.50 and the amount of $741.19 charged by S Ltd. 7. The issues to be resolved are: a. Did TT provide a service that was fit for purpose? b....

6. NM & S Ltd v PT [2023] NZDT 679 (29 August 2023) [pdf, 186 KB]

   ...evidence that he quoted for “only for one side of the roof” and that this quote was initially off [maps]. I accept that he then returned for specific measurements and gave the final 80 sqm; b. I find that NM’s evidence is consistent with the Job Sheet site measurement plan, which I accept was completed immediately after the site discussion with PT. This shows 2 roofs and is clearly marked “this roof only” with an arrow to one roof; c. I preferred the company’s position tha...

7. DN v BO [2024] NZDT 430 (6 June 2024) [pdf, 184 KB]

   ...some security footage of a person slipping on the driveway. 7. BO says he contacted [paint company] and got detailed recommendations on the products and processes to use on the driveway. He says there was grit on the surface from the old paint job, and CI0301_CIV_DCDT_Order Page 2 of 3 he thought this would be enough to ensure the new surface would not be slippery and so he did not apply any more grit. 8. I am satisfied that the painting of the driveway is not fit for purpos...

8. Research on the effectiveness of police practice in reducing residential burglary part 9 [pdf, 145 KB]

   ...cousin at a young age he was into that [committing burglaries] also. [RO-03] [My mates] were pretty much the most influential because they would pressure me into it but I was pretty soft. I was straight into it. [SO-04] One informant argued that jobs were poorly paid and time consuming, which encouraged more lucrative offending. They can do what they like but they choose crime because it’s easier for them to get by in life. It’s not like they have to get up at seven in the morning ha...

9. Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 4 [pdf, 234 KB]

   ...cladding. The cladding used was the Hitex system. It was installed by subcontractors engaged by the cladding manufacturer, Hitex Building Systems Limited. Mr Holyoake is the director of Hitex and had some Page | 4 involvement with the job. The Zagorskis have claimed in negligence against Mr Wilkinson and Mr Holyoake personally and against their companies. They also allege that in buying, remediating and selling the formerly leaky home for profit, Mr and Mrs Wilkinson w...

10. ENVC speech Arbitrators Mediators Institute 2013 [pdf, 189 KB]

    ...areas such as local government, resource management, environmental science and the Treaty of Waitangi. An Environment Court sitting usually consists of one Environment Judge and generally two Environment Commissioners. Part of the fun of the job if you like, is the huge variety of work and the fact that this court is required to look into the future. This is somewhat unusual in legal decision-making, which generally revolves around things that have happened. In our decisions we...