Search Results

1. ZT v UU [2025] NZDT 210 (8 July 2025) [pdf, 192 KB]

   ...repudiated the contract and did not intend to complete all work by the required date. I am satisfied that ZT is therefore entitled to cancel – s36 Contract and Commercial Law Act 2017 (CCLA). I note that this contract was principally for the provision of services and therefore the exclusion contained in s59 CCLA (relating to contracts for sale of goods) does not apply. If ZT is entitled to cancel, what damages is she entitled to recover? 14. UU has repudiated the contract and ZT...

2. UQ v Q Ltd [2025] NZDT 251 (10 June 2025) [pdf, 192 KB]

   ...unlikely to be accepted as enforceable for such a contract. 18. The debt collection costs charged by H Ltd are not able to be charged to UQ because there is no legal basis for charging collection costs. Also, UQ had paid the initial fee before H Ltd’s services were engaged. As H Ltd was engaged to recover the late payment fees only, for which there was no legal basis to charge, debt collection costs are not recoverable either. 1 Commerce Commission v Carter Holt Harvey Ltd [2009] NZ...

3. BT v TS [2025] NZDT 198 (22 May 2025) [pdf, 145 KB]

   ...differences to some extent below, but I turn first to the results of [Puppy]’s DNA tests which I consider to be key evidence because it is objective. 9. Although BT presented screenshots of conversations with [Canine DNA testing company]’s customer service team, which state that “[Puppy] is a mixed breed” and that she would be regarded as purebred “if the DNA percentage is 100%”, that evidence has been successfully refuted by TS. TS noted that the screenshot responses to BT...

4. OIA-124851.pdf [pdf, 13 MB]

   ...Specifically, you requested: I request a copy of the Kaiārahi Family Court Navigators Guidebook referred to on page 58 (section 5.3.4) of the following document: International, M. (February 2024). Final Evaluation Report: Evaluation of the Kaiārahi Service for the Ministry of Justice, Ministry of Justice. In response to your request, please find enclosed a copy of the requested guidebook, released to you in full. Please note this guidebook is now archived and no longer in us...

5. E91 Kurt Grant - Construction Methodology - RE – Applicant [pdf, 9.5 MB]

   ...Liaison Person (phone, postal address, email address); Section 5.2 (b) Confirmation of the construction methodology, including for permanent and temporary structures; Section 3 and Appendix B (c) System for Hot Work Permits and Underground Services Work Protocols / Permits in general accordance with the Construction Environmental Management Plan Draft Table of Contents in Appendix B, America’s Cup 36 Physical Infrastructure Technical Report (Beca, April 2018) (for information on...

6. KM v TE [2021] NZDT 1619 (30 July 2021) [pdf, 264 KB]

   ...sale. If you help me get a sale from my buyer you get 20% referral fee. We pay our own marketing cost. Branding half share. We can recheck this in 6 months time” 3. KM signed a contract with [Agency] dated 3 June 2020 headed “Contract of Services – Salesperson Licensee” under which [Agency] offered KM a contract as a salesperson licensee associated to TE (“the [Agency] Contract”). Attached to the [Agency] Contract was a document dated 3 June 2020 which was signed by KM (...

7. [2025] NZREADT 12 - CAC 2204 v Cooper & Cooper Co Real Estate Ltd (30 April 2025) [pdf, 241 KB]

   ...(where further information was requested); (c) 7 December 2021; (d) 15 December 2021; 1 Complaints Assessment Committee 2204 v Cooper [2025] NZREADT 05. 3 (e) 28 January 2022 (which was accompanied by a voice message on Mr Cooper’s phone); (f) 9 February 2022 (which was accompanied by a voice message on Mr Cooper’s phone); and (g) 3 March 2022. [9] The emails were received by Mr Cooper. On 7 December 2021, Mr Cooper responded to Mr Callahan’s email of the same...

8. 2017 NZSSAA 026 (12 June 2017) [pdf, 155 KB]

   ...by the person which is not capital (except as hereinafter set out); and (b) includes, whether capital or not and as calculated before the deduction (where applicable) of income tax, any periodical payments made, and the value of any credits or services provided periodically, from any source for income-related purposes and used by the person for income-related purposes; and [8] Section 74(1)(d) of the Act states: 74 Limitation in certain other cases (1) Notwithstanding...

9. X Ltd v II [2021] NZDT 1539 (14 May 2021) [pdf, 169 KB]

   ...The applicable law is the law of contract and the Consumer Guarantees Act (CGA). Section 6 of the CGA implies a guarantee to the effect that goods supplied must be of an acceptable quality. Section 28 of the CGA implies a guarantee to the effect that services will be supplied with reasonable care and skill and section 29 implies a guarantee that services will be reasonably fit for the particular purpose. [7] If there is a failure of a guarantee, the supplier of the services must be given...

10. Director of Proceedings v Radius Residential Care Ltd [2015] NZHRRT 50 [pdf, 310 KB]

    ...in respect of the following matters: (a) A declaration pursuant to s 54(1)(a) of the Health and Disability Commissioner Act 1994 (“the Act”) that the defendant has breached the Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996 (“the Code”) in respect of: (i) Right 4(1) by failing to provide services to the aggrieved person with reasonable care and skill. (b) The plaintiff seeks a final order prohibiting publication...