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1. 12 September 2016 Bluehaven Management Limited v Western Bay of Plenty District Council [pdf, 210 KB]

   ...www.justice.govt.nz/courts/environment-court. All correspondence or enquiries about this notice or the hearing procedures are to be directed to the undersigned. Dated at Auckland Environment Court Registry on 22 August 2016 Gemma Carlyon Team Leader Direct dial phone: (09) 916 9496 E-mail address: Gemma.Carlyon@justice.govt.nz ENVIRONMENT COURT CX10086 PO Box 7147 Auckland Telephone: (09) 916 9091 Facsimile: (09) 916 9090 http://www.justice.govt.nz/cou...

2. FT v SV [2018] NZDT 1516 (19 December 2018) [pdf, 179 KB]

   ...one month before delivery? If so, is FT entitled to recover his money? 4. Rule 9.12(3) of the Land Transport Rule: Vehicle Standards Compliance 2002 provides that a person selling a motor vehicle “must ensure that it has been certified for in-service fitness within one month before the date of delivery of the vehicle to the purchaser”. FT provided evidence that the car’s current warrant of fitness expires on 19 January 2019, so the warrant must have been issued more than one month...

3. EL v FO [2022] NZDT 8 (28 April 2022) [pdf, 228 KB]

   ...with the agreement? ii. Is EL entitled to a refund? Did FO ice the cake with reasonable care and skill in accordance with the agreement? 5. FO had an obligation, in accordance with section 28 of the Consumer Guarantees Act 1993, to provide a service with reasonable care and skill, and an obligation under the contract for services to provide a cake that met the specifications provided. 6. I have viewed the photos of the cake completed by FO. It is evident from the photos that th...

4. Waitangi Tribunal COVID-19 Protection Framework protocol (1 December 2021) [pdf, 103 KB]

   ...other Tribunal events, including judicial conferences and mediations. 6. Counsel, parties or other persons who are unable to meet the requirements set out in paragraph 5 above may participate in or observe a hearing or other Tribunal event by telephone conference, audio-visual link (AVL) or another form of videoconferencing, such as Zoom. Any person who needs to participate remotely in a hearing due to the above requirements should contact the Tribunal in advance of the hearing so that...

5. KT & XG v ZA [2022] NZDT 30 (5 May 2022) [pdf, 101 KB]

   ...What refund, if any, are KT and XG entitled to under the terms and conditions of their contract with ZA? 7. This situation does not fall within the meaning of a ‘frustrated contract’ because ZA was still able to provide the accommodation service, the problem was that the applicants’ family could CI0301_CIV_DCDT_Order Page 2 of 3 not travel to its location. The Tribunal must therefore look to the terms and conditions agreed to by the parties when the booking was made....

6. HF v IU Ltd [2021] NZDT 1566 (28 July 2021) [pdf, 198 KB]

   ...be issued in accordance with the rights and instructions of the contracting party. 5. At today’s hearing IU Ltd’s representative, NS, argued that the contract is between DD and IU Ltd. He stated that IU Ltd is contracted to provide travel services for DD employees, when approved and paid for by DD. Although HF confirmed his travel requirements himself, he had the appropriate authorisation from DD and they were charged through DD’s account. HF did not dispute this. CI0301...

7. KD & JBH Ltd v GU Ltd [2022] NZDT 71 (12 January 2022) [pdf, 144 KB]

   ...responsible for the damage that was caused to KD’s car when the bonnet flew up. The law [8] The service given by a warrant of fitness provider to a consumer is subject to the Consumer Guarantees Act 1993. That Act provides a guarantee that services supplied in trade must be carried out with reasonable care and skill. Is GUL responsible for the damage done to KD’s car? [9] I consider that GUL did not carry out its warrant of fitness check with reasonable care. Although the p...

8. IO v TH Ltd [2024] NZDT 151 (26 March 2024) [pdf, 175 KB]

   ...out the wrap work with reasonable care and skill? b) What sum, if any, must TH Ltd pay to the consumer? Did TH Ltd carry out the wrap work with reasonable care and skill? 4. Section 28 of the Consumer Guarantees Act 1993 (CGA) provides that where services are supplied to a consumer, there is a guarantee that the service will be carried out with reasonable care and skill. 5. IO claims that the film was used was of very poor quality, and that there were obvious bubbles underneath that...

9. OIA-110203.pdf [pdf, 816 KB]

   ...lobbyists can take steps to support fair access for all : 8.1 . Respect the rights of others to have their say and support the right to free expression. 2 8.2. Be aware of the public interest in an issue and do not misrepresent impact on public services or public good. Transparency Be clear about who is behind any lobbying and what it's about 9. When communicating with public officials, full transparency about who you are representing and their intent is important so that...

10. OT v KC & ZX [2023] NZDT 693 (14 December 2023) [pdf, 178 KB]

    ...no plausible reason for ZX to hide behind his mother’s name and trade in this manner. He has completed 244 trades using his mother’s identity. b. ZX continued to assume his mother’s identity throughout the communication with OT and [postage services]. It wasn’t until the matter was in front of the Tribunal that he informed all parties that his mother was dead and the person doing the trade was him. c. OT received the package in the presence of his grandmother. Both attested that...