Search Results

1. OIA-124693.pdf [pdf, 951 KB]

   ...Ministry of Justice website at: Official Information Act responses. If you are not satisfied with this response, you have the right to make a complaint to the Ombudsman under section 28 of the Act. The Office of the Ombudsman may be contacted by phone on: 0800 802 602, by email at: info@ombudsman.parliament.nz, or via the webform: Make a complaint. Nāku noa, nā Louisa Carroll Acting Legal Services Commissioner s9(2)(a) s9(2)(a) mailto:lsc@justice.govt.nz https://www.justice....

2. [2007] NZEmpC WC 12D/07 Credit Consultants Debt Services NZ Ltd v Wilson & Anor [pdf, 30 KB]

   CREDIT CONSULTANTS DEBT SERVICES NZ LTD V WILSON & ANOR WN WC 12D/07 20 November 2007 IN THE EMPLOYMENT COURT WELLINGTON WC 12D/07 WRC 9/07 IN THE MATTER OF proceedings removed from the Employment Relations Authority AND IN THE MATTER OF an application for costs BETWEEN CREDIT CONSULTANTS DEBT SERVICES NZ LIMITED Plaintiff AND DAVID WILSON First Defendant AND EC CREDIT CONTROL LIMITED Second Defendant Hearing: Written submissions received 6, 20...

3. ENV-2016-AKL-000219 S J Houghton Family Trust v Auckland Council (amended) [pdf, 552 KB]

   ...in­ situ and transferable rural site subdivision be amended to restore the provisions as set out in the Panel's Recommendation; (b) such consequential or related relief as may be necessary to give effect to its concerns; and (c) costs. Service 20. An electronic copy of this notice is being served today by email on the Auckland Council at unitaryplan@aucklandcouncil.govt.nz. Waivers and directions have been made by the Environment Court in relation to the usual requirements o...

4. HD v BF Ltd [2022] NZDT 183 (4 October 2022) [pdf, 96 KB]

   ...dismissed. Reasons: 1. The dispute concerns a contract for design of a new house. On 23 March 2021, the applicant HD (the client) signed an agreement with the respondent BF Ltd (the designer) headed “Short Form Agreement for Architectural Design Services”. The client (who was acting as an agent for a third party under a power of attorney) paid $5,865.00 under this agreement on 24 March, and a further $5,175.00 on 31 May 2021. The designer completed much of the work required before...

5. B Ltd v IX [2019] NZDT 1392 (6 September 2019) [pdf, 213 KB]

   ...before 30 September 2019. Reasons 1. IX contracted B Ltd (the company) to act for her in an employment dispute. 2. After the mediation, but before a hearing, IX withdrew from the case. The company filed a claim seeking a payment for its services of $3,680.00. 3. IX defended the claim on the grounds that she had instructed the company to act on a “no win - no fee” basis, that she had not succeeded in the claim, and that her withdrawal from the dispute did not trigger a fee...

6. BQ v BC [2024] NZDT 120 (12 March 2024) [pdf, 211 KB]

   ...not take any action after April to recover the difference he claims was agreed to, nor is it mentioned in any messages, nor is there evidence of the value of the fitness plan. 9. BC also claims he assisted BQ while she drove for [food delivery services] and that he would share the money she earned. Again, BQ denies such an arrangement. BC was unable to direct me to any independent evidence to support such an arrangement or evidence of the value of services provided. 10. Lastly, B...

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

   ...additional concrete for the variation from 100 mm to 150 mm, exclusive of GST. The invoice for $30,111.60 was correctly based on this pricing. Was the driveway constructed with reasonable care and skill, and was it fit for the purpose? 5. Where services are supplied to a consumer, the Consumer Guarantees Act 1993 (CGA) applies. CGA s 28 provides that there is a guarantee that the service will be carried out with reasonable care and skill. CGA s 29 of the CGA provides that services must b...

8. BD v C Ltd [2024] NZDT 63 (14 February 2024) [pdf, 120 KB]

   ...the cost of C Ltd’s report of $580.64, and damages for emotional harm of $25,000.00, reduced to the maximum claim possible in the Tribunal of $30,000.00. 5. The issues to be determined are: • Did C Ltd provide its pre-purchase inspection service and report with reasonable care and skill? • What remedy is available to BD? Did C Ltd provide its pre-purchase inspection service and report with reasonable care and skill? 6. BD says that three independent builders state...

9. IC v X Ltd [2024] NZDT 747 (16 October 2024) [pdf, 97 KB]

   ...says this work was arranged on an owners’ risk basis, and while it regrets that damage occurred and the concerns IC has expressed, it does not believe it has legal liability for this damage. 3. The issues to be resolved are: a. Were moving services provided with reasonable care and skill? b. Is IC entitled to compensation of $8,774.00 as claimed, or to any other sum? Were moving services provided with reasonable care and skill? 4. Contracts are recognised to have terms which...

10. LR v U Ltd [2024] NZDT 459 (20 June 2024) [pdf, 170 KB]

    ...The relevant law is contract law, Part 5 Subpart 1 of the Contract and Commercial Law Act 2017 (CCLA), dealing with carriage of goods. Also, the Consumer Guarantees Act 1993 (CGA) which inserts certain guarantees into contract between suppliers of services in trade and consumers. What kind of contract of carriage was it? 8. Under CCLA s 248 and 249, the liability of a carrier for loss or damage to goods under a contract of carriage is determined by the kind of contract, which is a ma...