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1. SB v XQ Ltd [2024] NZDT 663 (3 September 2024) [pdf, 185 KB]

   ...of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised as part...

2. SG v S Ltd [2024] NZDT 557 (5 July 2024) [pdf, 184 KB]

   ...decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised...

3. IW v K Ltd [2024] NZDT 609 (8 August 2024) [pdf, 176 KB]

   ...of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised as part...

4. Pricing policy for expert witnesses

   An expert witness is a person who has specialised knowledge or skill in a particular field which qualifies them to testify during legal proceedings as an expert about the facts of a matter. The Secretary for Justice has determined the classes of expert witnesses, and the fees, allowances, expenses, payable to them. This information is set out below. Ministry of Justice pricing policy for expert witnesses Purpose 1. This policy documents the rates and fees for expert witnesses in Aotearoa/New Zea...

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5. LT v B Ltd [2024] NZDT 690 (13 November 2024) [pdf, 97 KB]

   ...without real merit. That is not clear on these facts. LT believes that it is unreasonable for B Ltd to charge a breach notice after only 7 minutes additional parking. She has the right to have that question adjudicated. LT also clearly brought these matters to B Ltd’s attention, but B Ltd declined her appeal. This left LT with very few pathways to seek resolution of this dispute, other than to seek the assistance of this Tribunal. 18. B Ltd has accordingly failed to show the claim was...

6. LC & SC v TB [2025] NZDT 83 (5 March 2025) [pdf, 187 KB]

   ...goods, and there are no implied guarantees of quality or fitness for purpose. CI0301_CIV_DCDT_Order Page 2 of 3 10. The only arguable legal basis for the claim is misrepresentation. 11. A misrepresentation is a false statement about a matter of fact that “induces” a person into a contract. The law provides that the person who was induced can treat the false statement as if it was a term of the contract that has been breached. The remedy for misrepresentation is damages...

7. Fisher v Foster (Costs) [2020] NZHRRT 29 [pdf, 623 KB]

   ...flexible approach can be taken by the Tribunal to costs. See Andrews [60]. [8.2] There must be caution about applying the conventional civil costs regime in the Tribunal’s jurisdiction. See Andrews [61]. [8.3] The Tribunal has broad powers to do justice even if this means departing from the conventional rules applying to civil proceedings. See Andrews [62]. [8.4] The purpose of a costs order is not to punish an unsuccessful party. Access to the Tribunal should not be unduly deter...

8. SN & TN v B Ltd [2021] NZDT 1621 (17 December 2021) [pdf, 223 KB]

   ...refundable portion of the trip with B LTD. 4. B LTD declined the claim on the basis that the trip was cancelled because of a pre-existing medical condition that had not been declared at the time of purchasing the insurance policy. 5. The matter was referred to B LTD’s internal dispute resolution team and then referred to G Ltd. A recommendation was made by G LTD that B LTD was correct to decline SN & TN’s claim. It did recommend that compensation of $2,000.00 be paid by B...

9. BORA Historic Places Amendment Bill [pdf, 108 KB]

   ...places, and historic areas. Section 54(b) of the HP Act sets out the powers of the Trust, which includes identifying, recording, assessing, protecting, and conserving wāhi tapu, wāhi tapu areas, historic places, and historic areas. 15. Among other matters, the Council acts as an advisory body to the Trust, to assist the Trust to fulfil its responsibilities in terms of Māori heritage. The functions of the Council, as set out in section 85 of the HP Act, are limited to those aspects of...

10. Peri v Tiatoa - Rangaunu 2 (2016) 129 Taitokerau MB 170 (129 TTK 170) [pdf, 170 KB]

    ...injunction inappropriate in this case. [36] For these reasons, I consider that the balance of convenience is in favour of an injunction. Does the overall justice of the case support the grant of an injunction? [37] Having considered all of these matters I must stand back and consider where the overall justice lies in this case. 6 [38] There is nothing before me to suggest that prejudice would be caused to third parties by the grant of an injunction. [39] I do not consider...