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1. DD v B Ltd [2022] NZDT 258 (20 December 2022) [pdf, 185 KB]

   ...been a failure of guarantee by B Ltd because they had not provided the service in a reasonable timeframe (or followed up in order to do so) as per the guarantee of reasonable timeframe for services in the Consumer Guarantees Act 1993 (‘CGA’). The responsibility to ensure the job proceeds in a reasonable timeframe lies with the supplier, particularly once they have accepted a 50% part-payment, so even if there had been a misunderstanding about who was waiting on contact from whom, after...

2. B Ltd v OQ & ST [2024] NZDT 15 (23 January 2024) [pdf, 91 KB]

   ...respond with further information and / or submissions as to whether the claim is time barred in terms of sections 11 and 47 of the Act. 6. The matter was called to be continued today by teleconference. There was no attendance by KS as there was no response to the phone number attributed to him. As there has been no evidence provided by KS of acknowledgement of the debt in writing by OQ or ST, or of part payment of the debt by them, I strike out the claim. Ref...

3. FQ v EB [2023] NZDT 777 (6 November 2023) [pdf, 90 KB]

   ...[2023] NZDT 777 APPLICANT FQ RESPONDENT EB The Tribunal orders: EB is to pay the sum of $951.13 to FQ on or before 20 November 2023. Reasons: 1. EB (the seller) listed a mountain bicycle on [Website], described in response to questions as “mint” condition, no upgraded components, and no damage to the frame. On 20 August 2023, FQ (the buyer) won the auction, paid the purchase price of $1375.00 by bank transfer, and arranged to pick up the bike the next...

4. Brown v Accident Compensation Corporation (Costs on Appeal) [2024] NZACC 085 [pdf, 146 KB]

   ...of memoranda. [2] On 10 May 2024, Ms Koloni filed a memorandum on costs for the appellant. 1 Brown v Accident Compensation Corporation [2023] NZACC 213. 2 [3] On 17 May 2024, counsel for the Corporation provided a memorandum in response. Relevant law [4] Rule 14.1(1) of the District Court Rules 2014 provides that the award of costs is at the discretion of the Court if they relate to costs of a proceeding, or incidental to a proceeding, or a step in a proceeding....

5. [2023] NZEmpC 216 Chain & Rigging Supplies Ltd v Nikorima [pdf, 166 KB]

   ...costs application. I record that there may be features of that application which mean it has to be dealt with as a standalone matter involving, for instance, the hearing of evidence. I will consider the issue of process once the application and responses to it have been filed. [14] I reserve leave to any party to apply for any further directions on reasonable notice. B A Corkill Judge Judgment delivered orally at 11.25 am on 30 November 2023...

6. Form-24b_Criminal-Fixed-D-F.pdf [pdf, 250 KB]

   ...confirm that: • No other payment, remuneration or benefit has been or will be received in respect of this work (unless authorised by Legal Aid). • Any non-lawyer or supervised provider performed his or her work under my supervision and I am responsible for it. • I have advised Legal Aid of all charges I am aware of against the customer named above. • If claiming hearing time, I have records of all hearing time covered by this claim. Signature of lead provider Date...

7. WQ v QZ [2023] NZDT 420 (14 September 2023) [pdf, 171 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 3 use of their respective premises, each was self-contained without any shared use of facilities, and each had its own separate entrance. b. Under section 11 of the RTA, a landlord cannot contract out of its responsibilities by stating that any dispute should be heard in the Disputes Tribunal; 8. As I consider the matter falls within the exclusive jurisdiction of the Tenancy Tribunal and there is no ability under the Disputes Tribunal Act 1988 t...

8. Form-33_Family-Invoice_Family-Violence.pdf [pdf, 237 KB]

   ...reasonably incurred • No other payment, remuneration or benefit has been or will be received in respect of this work (unless authorised by Legal Aid). • Any non-lawyer or supervised provider performed his or her work under my supervision and I am responsible for it. I acknowledge that: • If this case is subject to a user charge, the total approved payment may be reduced by the amount of the user charge where the total approved is more than the user charge. Signature of lead...

9. ZE v NE [2022] NZDT 90 (26 August 2022) [pdf, 177 KB]

   ...impact occurred and therefore little to no time for NE to react even if he had fully registered a small cat’s movement close to the ground. CI0301_CIV_DCDT_Order Page 2 of 3 8. For these reasons I find that NE was not negligent and is not responsible for the cat’s distressing injuries nor the costs to treat them. Referee Perfect Date: 26 August 2022 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you beli...

10. [2024] NZEnvC 028 Clear the Air Trust v Bay of Plenty Regional Council [pdf, 257 KB]

    ...Marae and our people. Given that this appeal has not yet gone to mediation and the cultural importance of this issue to us, it is considered that the time delay of filing the Section 274 notice will not prejudice the parties in this matter. The responses to the application for waiver [8] The parties to the proceeding were directed to advise the Court of their position in relation to Whareroa Marae’s application for waiver by 11 March 2024. [9] The Appellants, the Council, Gener...