Search Results

1. DX v OI Ltd [2019] NZDT 1529 (24 October 2019) [pdf, 146 KB]

   ...permitted to tow DX’s vehicle. Was DX obliged to pay for the towing and storage, and if so, how much? 10. OI presumed that DX rather than the police would pay for the tow, but struggled to identify any legal basis for compelling DX to pay for its services. Given the circumstances under which DX surrendered her key, I find that OI could not reasonably have relied on her compliance as signifying agreement to pay for towing or storage charges. DX pointed out that, if she had authorised...

2. BI & KI v SC & KT [2021] NZDT 1710 (18 October 2021) [pdf, 126 KB]

   ...them that they can no longer obtain that replacement part and BI and KI replaced the oven. 11. Clause 7.3 of the sale and purchase agreement provides that the vendor warranted that on settlement the chattels and any devices that provided any services to the property were in reasonable working order. BI and KI consider that clause was breached. 12. BI and KI agree that initially the oven was heating until the thermostat broke. The vendor warranty that the chattel was in reasonable...

3. D Ltd v NN & LN [2024] NZDT 154 (10 April 2024) [pdf, 119 KB]

   ...they did not ask specifically for the bath taps to be left. In the absence of any specific agreement to leave materials for NN and LN to resell them, there can be no breach by D Ltd. Was the work done with reasonable care and skill? 11. Where services are supplied to a consumer, s 28 of the Consumer Guarantees Act 1993 (“CGA”) states that there is a guarantee that the service will be carried out with reasonable care and skill. 12. The burden is on NN and LN to show that...

4. SI v HD Ltd [2023] NZDT 58 (25 January 2023) [pdf, 225 KB]

   ...$11,654.08. SI claims for the remaining balance less the estimated resale of the car at $3,500.00. Further SI is claiming statutory damages of $13,023.52 bringing the total claimed to $21.652.52. 3. In July 2020 SI sought and obtained budgeting services from SM of the [redacted] Community Services in order to save money for the birth of her child. Because of the highly specialised nature of the claim, SM assisted SI in compiling her claim against HD Ltd and spoke on her behalf at the...

5. Q Ltd v U Ltd [2024] NZDT 454 (2 July 2024) [pdf, 212 KB]

   ...a contract is formed, the parties are bound by the terms they have agreed to, and any implied terms, and those terms are enforceable by one party against the other. The general rule under the law of contract is that a supplier ought to be paid for services rendered to a client unless there is a legal reason for the client to refuse to pay in full or part for the services. 11. The courts have said that a term will be implied into a contract where that term is necessary to give business...

6. Electoral-Matters-Bill_Combined_FINAL.pdf [pdf, 12 MB]

   Hon Paul Goldsmith Minister of Justice Proactive release - Electoral Amendment Bill and Constitution Amendment Bill Date of issue: 06 August 2025 The following documents have been proactively released in accordance with Cabinet Office Circular CO (23) 04. Some information has been withheld on the basis that it would not, if requested under the Official Information Act 1982 (OIA), be re leased . Where that is the case, the relevant section of the OIA has been noted and no public inte

7. X Ltd v U Ltd [2023] NZDT 335 (1 March 2023) [pdf, 242 KB]

   ...orders: The claim by X Ltd is dismissed. X Ltd is to pay U Ltd $8,418.54 on or before 5pm on Wednesday 22 March 2023. Reasons: 1. In March 2021, X Ltd (“X Ltd”) and U Ltd (“U Ltd”) entered into discussions regarding the provision of services by U Ltd to X Ltd relating to X Ltd’s marketing needs. In April 2022, the parties entered into a written agreement whereby U Ltd would provide marketing services to X Ltd. Unfortunately, the relationship between the parties broke...

8. [2021] NZIACDT 25 – RH v Ji (8 November 2021) [pdf, 211 KB]

   ...having a conflict of interest. Furthermore, the explanation he gave Immigration NZ was misleading. Nor did he comply with his professional obligations concerning information disclosure at the time he entered into an agreement for professional services with the complainant. [3] The Registrar of Immigration Advisers (the Registrar) has referred a complaint against Mr Ji to the Tribunal, alleging negligence and also dishonest or misleading behaviour, grounds for complaint under the...

9. Research report: Without notice applications in the Family Court [pdf, 1.7 MB]

   Nan Wehipeihana, Kellie Spee and Shaun Akroyd Research Evaluation Consultancy Limited – a member of the Kinnect Group Without Notice Applications in the Family Court A research report prepared for the Ministry of Justice Acknowledgements Thank you to the parents and grandparents who participated in this research. Your contribution to the research was invaluable and deeply aided our understanding of the motivations and

10. Hawkes Bay Standards Committee v McKay [2014] NZLCDT 20 [pdf, 64 KB]

    ...assertion again seems somewhat surprising. [43] Later the practitioner claimed that he had tried to contact Ms H about the proposed variation but that she did not return his call. Ms H vehemently denies this and says that she was contactable by cell phone at all times. Again we prefer her evidence on this matter. [44] The practitioner did not even make inquiries at the time the mortgage default notice was provided to him, as to whether Ms H had sufficient funds to clear this d...