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1. KT v HI & KX [2023] NZDT 403 (28 August 2023) [pdf, 101 KB]

   ...purchasing it? 8. 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. It is also the sale of a good, made in the context of a private sale. HI is not in trade and sold the vehicle privately. 9. Where goods are sold by a seller in trade, there are implied conditions, such as those relating to the goods being reasonably fit for purpose. However, there are otherw...

2. EC v X Ltd [2025] NZDT 153 (9 July 2025) [pdf, 217 KB]

   ...Transport Act? b. What legally recognised loss has EC suffered which would lead to an award of damages? Page 2 of 4 CI0301_CIV_DCDT_Order Arrogation of statutory powers 7. EC says the parking fee was unlawful as it was purportedly issued on a private contractual basis without any statutory authority and so by implication has affected his rights of free movement. 8. He referred me to s22AB(m) of the Land Transport Act 1998, which enables a Road Controlling Authority, in th...

3. M Ltd v ND [2025] NZDT 277 (10 July 2025) [pdf, 174 KB]

   ...not have the vehicles assessed by a mechanic or take them for a test drive before entering into the contract, because they buy a large volume of cars per month, and it is not possible to carry out these pre-purchase checks. 5. I find this was a private sale that did not include the protections of the implied guarantees under the CGA. [H Dealership] does not meet the definition of a consumer and ND does not meet the definition of a trader under the CGA. Therefore, there are no remedies a...

4. Ministry to introduce Body Worn Cameras for Bailiffs

   ...Family Court documents.Bailiffs generally work on their own, visiting people and private property or places of work they are unfamiliar with, and often in highly emotive situations. This can present a health and safety risk to the Bailiff and also makes investigating complaints difficult due to the isolated nature of the work.The introduction of BWCs is part of wider Ministry work to improve health and safety for Bailiffs. Several changes have already been implemented, including improvements to...

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5. SL v QU [2023] NZDT 677 (16 December 2023) [pdf, 190 KB]

   ...first registered in his name in February 2021 and that it was used for personal use, as this was supported by: i. the [vehicle] report which stated it was owned by an individual owner; and ii. the written agreement for sale, recorded it was a “private sale” and this was supported by the personal signature by QU, without any reference to any company. CI0301_CIV_DCDT_Order Page 2 of 3 Did QU misrepresent the car? 6. The common law of contact and the Contractual and...

6. [2023] NZEmpC 168 AJY v Chief Executive of the Department of Corrections [pdf, 545 KB]

   ...material point is that the complaint was not progressed further. There was no follow-up, as promised, with AJY about their complaint. Despite AJY advising that LRC was a witness, they were never spoken to about the allegations. There was no investigation at all. [17] The complaint appears to have fallen through the cracks created by the departure of Mr Stapleford and the return of Mr Tukula. Ms Goodin made the appropriate concession that Corrections had “dropped the ball”....

7. BG v TQ Ltd [2023] NZDT 145 (3 July 2023) [pdf, 175 KB]

   ...not been allowed, and then added an additional charge of $20.00 in extra fees. At the hearing today TQ LTD agreed to waive the additional $20.00 fee because it was clear that BG had disputed the original breach notice. 3. When a person parks in a private car park, they enter into a contract with the owner of the car park and can incur fees if they breach any terms and conditions that the owner of the carpark has made clear. 4. At the hearing BG accepted that she parked her car in t...

8. 2025 NZPSPLA 100 pdf [pdf, 118 KB]

   [2025] NZPSPLA 100 IN THE MATTER OF a complaint by The Police under s 74 of the Private Security Personnel and Private Investigators Act 2010 (the Act) against CALLUM RICHMOND HEARD remotely on 19 August 2025 Further evidence and submissions received following the hearing. ATTENDANCES Snr Constable A Tangney for NZ Police C Richmond – Certificate holder DECISION [1] Police have made a complaint against Callum Richmond as they say he is no longer suitable to b...

9. Blyde v Eastside Medical Centre (Strike-Out Application) [2020] NZHRRT 12 [pdf, 96 KB]

   ...matters raised in the application to strike out his claim. [4] Notwithstanding this, Eastside submitted the amended claim remained defective. It noted there was still no reasonably arguable cause of action and the claim was wider than the issues investigated by the Privacy Commissioner. Mr Blyde opposes the strike- out application. JURISDICTION TO STRIKE OUT [5] The Tribunal’s jurisdiction to strike out proceedings has now been explicitly provided for in s 115A Human Rights Act...

10. 2021-04-11 - Opening Representation - Landpro and others 12 April 2021 [pdf, 189 KB]

    ...represented parties and reasons for their submission Ross Naylor 20. Mr Naylor’s family own two properties in the Manuherikia Valley that are farmed together. Irrigation occurs on both blocks and is delivered from various sources including private water takes in the Chatto Creek and Thomsons Creek catchments, as well as irrigation company water delivered from the Omakau Area Irrigation Company (OAIC). The irrigation water is currently provided under consents due to expire on 1...