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1. E18 Jenny Polich - Risk - EIC - Applicant [pdf, 886 KB]

   ...application includes numerous Quantitative Risk Assessment (QRA) and land use planning studies relating to development of facilities handling large quantities of hazardous substances in the vicinity of other land uses. Projects include the Wiri Oil Services Limited (WOSL) Bulk Hydrocarbon Terminal with proposed adjacent prison development that was undertaken jointly for a Steering Committee comprising WOSL, NZ Department of Corrections and Liquigas. Other relevant work includes QRA...

2. Waitangi Tribunal COVID-19 Level 2 Protocol (15 February 2021) [pdf, 152 KB]

   ...performance of its constitutional role. 3. Under Level 2, the Waitangi Tribunal may hold some in-person hearings. However, for the safety of Tribunal parties and staff, the majority of Tribunal events will continue to be undertaken on the papers or via phone- and video-conferencing. Considerations 4. Waitangi Tribunal proceedings, particularly hearings held on marae, often have high attendance from members of the public in addition to claimants, counsel, Tribunal members and Trib...

3. Waitangi Tribunal COVID-19 Level 2 Protocol (7 September 2021) [pdf, 158 KB]

   ...of its constitutional role. 3. Under Level 2, the Waitangi Tribunal may hold some in-person hearings. However, for the safety of Tribunal parties and staff, the majority of Tribunal events will continue to be undertaken on the papers or via phone- and video-conferencing. Considerations 4. Waitangi Tribunal proceedings, particularly hearings held on marae, often have high attendance from members of the public in addition to claimants, counsel, Tribunal members and Tribunal...

4. MC v SH [2020] NZDT 1544 (29 May 2020) [pdf, 106 KB]

   ...deceive. Section 43 of the FTA provides the Tribunal with a wide discretion to provide an appropriate remedy where a person has been found to have breached the FTA. 5. The CGA creates a number of statutory guarantees upon the supplier of goods and services to a consumer, including the guarantee that the goods supplied will be of acceptable quality. The CGA also provides the right of redress against suppliers in respect of goods and services which do not comply with those guarantees. Th...

5. TT v Q Ltd [2023] NZDT 460 (29 August 2023) [pdf, 160 KB]

   ...sent TT a WhatsApp message on 1 April 2023 (the start of the weekend in question above) advising that he would be terminating TT’s contract that coming Monday. TT then received an email on 3 April stating “Q Ltd is terminating your contract for services effective immediately” and citing “that the company goals, direction and commitment differ to yours”. Mr Q further says in the email that “this service that we provide requires being on call at any time, personal sacrifice and...

6. O Homes Ltd v BL & SL [2023] NZDT 523 (12 October 2023) [pdf, 188 KB]

   ...supply agreement, although BL and SL had not signed it, that they, as clients, would be obliged to pay the shipping and import costs. He said that the reference to “GST” on the breakdown of build costs was for the GST ordinarily paid on goods and services in New Zealand; the “GST” payable in the port was a cost imposed on imported goods. As he had considered that BL and SL were liable to pay those costs, he had forwarded the relevant invoices to BL and SL, who had paid them. He sai...

7. CL & NN v BT & B Ltd [2023] NZDT 200 (22 June 2023) [pdf, 209 KB]

   ...in 2016 if he had carried out his inspection with reasonable care and skill? 7. The Consumer Guarantees Act 1993 (‘CGA’) provides statutory guarantees to consumers, the relevant guarantee in this case being that a supplier will carry out its service with reasonable care and skill (section 28, CGA). 8. I find that it has not been established on the balance of probabilities that rot in the sub-floor timbers would have been present in 2016, let alone visible or discernible on a non...

8. TD & LD v GP & Q Ltd [2023] NZDT 377 (28 July 2023) [pdf, 204 KB]

   ...LD attended. After the hearing, I noted that the booking with [website] was made in the name of LD rather than TD, so I have joined LD as Second Applicant. While this was not raised at the hearing, I am satisfied that this is appropriate and that service on LD is not necessary because she was present at the hearing and acknowledged that she jointly made the booking with TD. GP attended the hearing and acknowledged that she works for Q Ltd as the property manager of the Apartments. At the...

9. LF v JN & Ors [2024] NZDT 354 (7 May 2024) [pdf, 208 KB]

   CI0301_CIV_DCDT_Order Page 1 of 5 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 345 APPLICANT LF RESPONDENT JN SECOND RESPONDENT Christchurch Insolvency and Trustee Service THIRD OR RESPONDENT BH FOURTH RESPONDENT C Ltd FIFTH RESPONDENT E Ltd The Tribunal orders: The claim is dismissed. Reasons: 1. JN agreed to store an artwork...

10. PD v QB [2024] NZDT 573 (16 July 2024) [pdf, 233 KB]

    ...overheating. I do not consider that a bike described as being in immaculate condition and mechanically perfect would have those defects. b. On the 7 December before the auction closed PD asked a question “Hi did you manage to get a hold of the service history? When was the last service? Any faults? And damage at all?” QB replied, “Yes and no faults or damage at all a beautiful bike.” I am satisfied that this statement by QB was incorrect as the bike had faults and damage. I accep...