Search Results

1. FE v VF LCRO 59 / 2011 (7 September 2011) [pdf, 58 KB]

   ...personal car and not his taxi. The Practitioner explained that this was an issue of central importance because if the demerit points had arisen while the Applicant was driving his taxi he could not obtain a limited licence; but if they occurred as a private individual he could. [7] The Practitioner said that after the application was filed, the police raised the matter of demerit points at which time the Applicant swore a second affidavit stating he did not incur a large part of th...

2. TN v JH and GG [2020] 1321 NZDT (14 September 2020) [pdf, 212 KB]

   ...PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the pr...

3. KY v TU Ltd [2019] NZDT 1521 (23 May 2019) [pdf, 201 KB]

   ...cars immediately. Its letter stated that the car was clamped for failing to display a visitor’s permit, and noted that no time limit was specified as a condition of parking. The letter also asserted that once you have left a public road and entered private property, the property owner has the right to enforce its conditions of parking. 11. However, any enforcement involving interference with people’s property must be within the law, and the scope of the self-help remedy is not well de...

4. NN v IQ [2022] NZDT 250 (6 December 2022) [pdf, 100 KB]

   ...car to NN by describing it as a safe and reliable runabout? 9. The starting point is the principle of caveat emptor or buyer beware. The general position is that the buyer must be responsible for his or her own purchasing decision. 10. In a private sale there are no implied warranties or conditions as to the quality or fitness of goods sold by a person not in trade (s137 Contract and Commercial Law Act CI0301_CIV_DCDT_Order Page 2 of 4 2017 (CCLA)). These provisions then re...

5. MS & NS v JT [2024] NZDT 238 (26 March 2024) [pdf, 187 KB]

   ...cutting out, and there was no handbrake. Mr and Mrs S told Mr T the RTV was unsound and that they wanted to return it and get their quad bike and money back. He told them they quad bike was already sold and that there was no warranty as it was a private sale. He told them to bring the RTV in and that he would repair it. He repaired the handbrake and found that the footbrake was locked on, hence the lack of power. 6. In early November, the back axle broke and one of the wheels snap...

6. LL v KE [2024] NZDT 610 (16 July 2024) [pdf, 135 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 4 c. Is LL entitled to $8,157.00? Were any of the following a misrepresentation? Did LL have knowledge of the true state of the van prior to purchasing it? 4. Generally there is little protection for a purchaser in a private sale. The legal maxim is ‘caveat emptor’ which means ‘let the buyer beware.’ 5. However there may be some protection available to a purchaser if the seller has made a misrepresentation, as provided by section 35 o...

7. NM v OB [2025] NZDT 56 (22 February 2025) [pdf, 177 KB]

   ...about the condition of the [vehicle] that was incorrect during the course of the contract negotiations and that incorrect statement, or statements induced NM to purchase. Neither party had a copy of the original [online] advertisement. Silence in private sales, or not disclosing, is not a misrepresentation. Further, OB he told NM that he had no mechanical knowledge. There is no evidence OB made a statement or statements that amount to a misrepresentation. 10. NM made her decision to p...

8. [2011] NZEmpC 78 NZ Tramways and Public Passenger Transport Employees Union & Ors v Wellington City Transport Ltd [pdf, 93 KB]

   ...1 WA 172/10. retained. The statement of problem filed on behalf of the applicants records subsequent developments: All subsequent agreements with Wellington City Transport Limited (both under Wellington City Council and private ownership as Stagecoach & Infratil) through to the current agreement, contained the same wording as the current clauses 79 and 80. These clauses reflect the entitlements that existed as at 30 June 1991 under the WCC Employee Regul...

9. Human-Rights-Commission-submissions-on-scope-of-inquiry.pdf [pdf, 379 KB]

   ...out below in summary:3 (a) Whether or not the Royal Commission of Inquiry into the Terrorist Attack on Christchurch Mosques on 15 March 2019 (“Royal Commission”’) has discharged the state’s obligation to undertake a rights-compliant investigation; (b) The human rights issues that are properly issues for this coronial inquiry to exercise jurisdiction to inquire into. 3. These submissions will accordingly address those two issues. In doing so, the Commission will...

10. INZ (Foley) v De'Ath [2018] NZIACDT 44 (6 November 2018) [pdf, 273 KB]

    ...This JD has ironically arrived the day that [Ms S’s] shortcomings have come to a head, and I have been compelled to start dealing with [Ms S’s] incompetence (at a much higher level), for which a very pragmatic answer would be how on earth can the private sector expect role performance from the likes of [Ms X], if the likes of [Ms S], are performing so poorly. I want to be fair in this, and not let my disappointment with one person within INZ effect how I deal with others but the ov...