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1. Proactive-release - Jury Amendment Rules 2020 [pdf, 872 KB]

   ...Council of the Jury Amendment Rules 2020 (the Amendment Rules). Policy 2. Jury trials are currently suspended and are due to recommence from 3 August 2020. In order to provide assurance to potential jurors regarding their safety while completing jury service, and for jury trials to operate in compliance with any future physical distancing requirements, amendments are needed to the Jury Rules 1990. The Amendment Rules also progress other minor and technical amendments to the Jury Rules. Ena...

2. XD v MU [2020] NZDT 1311 (14 May 2020) [pdf, 189 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2020] NZDT 1311 APPLICANT XD RESPONDENT MU The Tribunal orders: 1. MU is to pay to XD the sum of $950.00 on or before 30 June 2020. Reasons 1. MU and XD agreed to erect a boundary fence between their new houses. XD paid $2,300.00, being half a quoted sum from ABC Company (ABC). MU then erected the fence in a manner to whic

3. COVID-19 Justice Sector Survey - Report 1 for the period 12 to 20 April 2020 [pdf, 1.1 MB]

   COVID-19 Justice Sector Survey Report 001 (12-20 April 2020) This telephone survey provides information about how safe people feel and what crime and safety issues matter to them most. The report covers the following key topics:  Social connection  Perceptions of safety, including reasons why people feel unsafe  Experience of some types of crimes (for example, fraud and cybercrime which have been reported to be increasing concern internationally)  Crimes repor...

4. COVID-19 Justice Sector Survey - Report 1 for the period 12 to 20 April 2020 [pdf, 1.1 MB]

   COVID-19 Justice Sector Survey Report 001 (12-20 April 2020) This telephone survey provides information about how safe people feel and what crime and safety issues matter to them most. The report covers the following key topics:  Social connection  Perceptions of safety, including reasons why people feel unsafe  Experience of some types of crimes (for example, fraud and cybercrime which have been reported to be increasing concern internationally)  Crimes repor...

5. Buchanan - Riwaka-Matiu-Mātana Whānau Trust (2018) 51 Te Waipounamu MB 269 (51 TWP 269) [pdf, 260 KB]

   ...could be replicated upon future sale. Margaret emphasised the “whānau price” being a discount rather than a gift, as she wished for that discount to have continued application and be applied to future sales to other whānau members. (e) A phone call from Susan Buchanan on 5 September 2018, the content of which was subsequently summarised by the Court’s service manager in an email dated 5 September. Susan agreed with the sale in accordance with Alan’s proposal and noted...

6. T ltd v EJ [2019] NZDT 1436 (28 August 2019) [pdf, 148 KB]

   ...Application forms and information about the different civil enforcement options are available on the Ministry of Justice’s civil debt page: http://www.justice.govt.nz/fines/about-civil-debt/collect-civil-debt For Civil Enforcement enquiries, please phone 0800 233 222. Help and Further Information Further information and contact details are available on our website: http://disputestribunal.govt.nz. http://www.justice.govt.nz/fines/about-civil-debt/collect-civil-debt http://disp...

7. WQ Ltd v X Ltd & CG ta UQ [2021] NZDT 1429 (3 May 2021) [pdf, 218 KB]

   ...does not exclude WQ from being a “consumer”. Therefore, CGA applies to the purchase of the Mazda by WQ for business use. Who was the “supplier”? 5. The vehicle was owned by X Limited t/a NG [Location] (XL). 6. XL used the services of CG t/a UQ as agent to sell the vehicle. CG did not appear at the hearing. Ms X stated that he did not appear because he was selling on behalf. 7. CG may not be aware that in section 2(1) of the CGA, “supplier” includes a...

8. FB and QB v HD Ltd [2021] NZDT 1445 (10 November 2020) [pdf, 264 KB]

   ...construction, is intended to cover the force majeure event. The Court or Tribunal may, if it is just to do so, also allow a party who has incurred expenses before the time of discharge to retain those expenses including any reasonable overhead expenses and any services performed. 5. The issues to be decided can be stated as follows: (i) Did the contract, on its true construction, intend to cover the event in question? (ii) If not, was the contract frustrated? (iii) If so, is it ju...

9. GC v DM & PO Ltd [2022] NZDT 64 (7 June 2022) [pdf, 99 KB]

   ...of the materials was also a factor in the corrosion. In particular, they said that wiring for marine purposes ought to be tinned to prevent it corroding so quickly, whereas this motor’s wiring was not tinned. 8. The seller commented that NN Ltd services high quality brands as well, implying that only more expensive brands would use tinned wiring. It is true that the issue is not whether tinned wiring is superior, but whether a reasonable consumer would regard a motor with non-tinned wir...

10. IU v KI & CI [2022] NZDT 111 (15 August 2022) [pdf, 207 KB]

    ...or omission is liable to pay the reasonable costs/losses that flow from the breach. 11. I accept the evidence of KC of U Company that the pre-accident value of IU’s vehicle was $3,000. Mr KC was familiar with the vehicle because he had been servicing it for the previous owners, and he was the person who put the previous owners in touch with IU when she was looking for a suitable vehicle. 12. IU received $200 for the sale of the wreck. Therefore her loss in relation to the value...