Search Results

1. D Ltd v P Ltd [2023] NZDT 569 (3 November 2023) [pdf, 195 KB]

   ...have received the bill and, as an Archaeologist myself, have reviewed the report. Frankly, I thought it was superficial and substandard”. 9. That communication does not put D Ltd on notice that they should stop or pause work and D Ltd’s response by email makes it clear that work will continue – after explaining the scope and intention of an interim report for IO, the email reads “A full and final report (in preparation) is still required to fulfil the requirements of the auth...

2. EN & MN v U Ltd [2022] NZDT 284 (7 October 2022).pdf [pdf, 197 KB]

   ...April 2017 the benchtop was roughly three years old since installation before the crack appeared. 19. The respondents submitted that no one knows what caused the cracks. They said a small renovation was undertaken and a tradesperson may have been responsible. 20. The respondents also submitted that when the extractor cover fell on the bench top that could have caused the crack and therefore the damage was caused by force as opposed to the lack of fitness of the product. 21. I a...

3. LF & SF v EG Ltd [2023] NZDT 135 (10 May 2023) [pdf, 135 KB]

   ...evidence from EG Ltd’s witness’ assessment, that this was clearly not the case. In less than 12 months the powder coating on arms and legs was breaking away. 10. Section 7(4) of the CGA provides the supplier with a defence where the consumer is responsible for the failure. The first requirement for this defence is that the goods have been used in an unreasonable manner or to an unreasonable extent. The second requirement is that the goods would have complied with the guaranteed...

4. KM & LM v BN [2023] NZDT 181 (12 July 2023) [pdf, 122 KB]

   ...details the obligations of grantors and grantees of easements in terms of repairs and maintenance. The following provisions are relevant to this dispute: If the […] grantees and the grantor share the use of the easement facility, each of them is responsible equally for the repair and maintenance of the easement facility, and for the associated costs Any repair or maintenance of the easement facility that is attributable solely to an act or omission by the grantor or the grantee must...

5. X Ltd v L Ltd [2023] NZDT 104 (9 March 2023) [pdf, 186 KB]

   ...equally (ie each would pay the freight for the tractor to travel one way). I say that because originally X Ltd requested L Ltd to pay the full freight cost, which L Ltd refused. I am satisfied that X Ltd reluctantly agreed to pay half as a pragmatic response in order to facilitate the return of the tractor, rather than a full and final settlement of the issue. 16. I note that while s 5D of the Fair Trading Act 1986 allows two trading parties to contract out of the Fair Trading Act 198...

6. Surnamecrown v Haig-Clarke - Kaiaua 1 (2022) 269 Waiariki MB 20 (269 WAR 20) [pdf, 215 KB]

   ...Jenelle Haig- Clarke, the trustee of the whānau trust. I therefore made the orders conditional upon notice going to Jenelle Haig-Clarke and to provide her with an opportunity to advise the Court of her views. [15] Jenelle Haig-Clarke filed a response to the Court, advising in summary that: a) She is the only biological daughter of Wakarara Potae Te Aute Haig-Clarke. b) Catherine Haig-Clarke is her daughter. c) She opposes the application to terminate the trust and remove he...

7. NZBORA-advice-Pae-Ora-Disestablishment-of-Maori-Health-Authority-Amendment-Bill-FINAL-for-publication_.pdf [pdf, 345 KB]

   ...Creating or removing a distinction between comparable groups 9. In 2021, we advised the then Attorney-General on the Pae Ora (Healthy Futures) Bill, which became the principal Act.4 The principal Act established the Authority, which was set up in response to a recommendation by the Waitangi Tribunal.5 It also addressed other issues raised by the Tribunal, including by recognising iwi-Māori partnership boards, and established the Hauora Māori Advisory Committee to advise the Minister of...

8. Memorandum Directions.pdf [pdf, 549 KB]

   ...tangata whenua and are not necessarily specific to any one inquiry district (Wai 3300, #6.2.2 at p 3). 14. The approach proposed will involve shifting the focus of the inquiry away from an emphasis on individual statements of claim associated Crown responses, and the more legalistic and adversarial approach that can sometimes result. The panel and pou are conscious of the role currently played by pleadings in Waitangi Tribunal inquiries. In particular, pleadings help determine the scope of the...

9. BV v JU [2023] NZDT 668 (27 October 2023) [pdf, 181 KB]

   ...the contract (section 33, Contract and Commercial Law Act 2017 (CCLA)). 11. I do not consider that there were clear signs that JU was going to breach the contract, as would be required under the law. She explained the reason for her delayed response and told BV that her husband would bring the colour samples as she was with her daughter in hospital. However, BV had made up her mind to cancel the contract and request a refund of the deposit. Generally, when a deposit is retained,...

10. DR v BU Ltd [2022] NZDT 199 (22 November 2022) [pdf, 135 KB]

    ...rent, vehicle maintenance, staff costs, resource consent, security costs, and the costs of the cradle truck which was used for the tow in this case. Further, once the respondent becomes a bailee of the applicants’ property, it incurs additional responsibilities and costs to secure the property against damage or theft. This all adds to the cost of the tow and goes some way to explaining why this type of service may cost more than vehicle recovery work authorised by a vehicle owner, a ‘p...