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1. BN v D Ltd [2024] NZDT 292 (26 April 2024) [pdf, 189 KB]

   ...text messages he was having with D Ltd imply a different problem. BN purchased [the horse] without consultation with his wife, and he advised by text that there was …a bit of work to do to make everyone happy still. On the 17 October BN advised in response to text from D Ltd checking on how [the horse] was going, …Hi, he is going well, his flat work is coming along nicely. Unfortunately, I am having trouble with [BN’s wife] over getting him and things are not going well on that fron...

2. [2024] NZEnvC 223 Greenacres Waiheke Limited v Auckland Council [pdf, 167 KB]

   ...BUN60388324); (c) no decision has been made in respect of the notification of the application; and (d) the respondent’s processing planner has received a technical memorandum from its consultant specialists commenting on the application, the responses to requests for further information, and recommending consent conditions and is working to complete processing of the application as soon as possible. Continuation of stay [8] The parties’ view is that the stay should continu...

3. IC v X Ltd [2024] NZDT 747 (16 October 2024) [pdf, 97 KB]

   ...Ltd. 11. As acknowledged in paragraph 5, it is clear and undisputed on the evidence that damage was sustained to a number of items which were packed in different crates or boxes. This included substantial damage to a [piano]. While X Ltd was responsible for moving all goods from [City 1] to [City 3], and then onto [City 2], it is acknowledged some items were then moved by X Ltd into a nominated rental address in [City 2], with remaining items placed into a storage unit arranged by...

4. EN & JE v TT & EH [2024] NZDT 754 (5 November 2024) [pdf, 98 KB]

   ...that EN had not cleaned the property before he left. 14. I find that when EH and TT agreed to take over the tenancy, they made that agreement accepting the state that the house was then in. I therefore find that EH and TT accepted that the responsibility was on them to ensure they returned the house to the landlord in a clean state, as EN and JE had no access to the house after he left. No deduction is therefore made to account for the cleaning costs. Conclusion CI0301_...

5. [2025] NZEmpC 46 LMN v STC [pdf, 173 KB]

   ...indulgence from the Court after failing to comply with the Court’s previous order in this matter and was unsuccessful on her second application, I consider that the defendant is entitled to costs. The defendant only filed a one-page document in response to the applications, so I consider that it is only necessary to make a small award. Therefore, I order that the plaintiff is to pay the defendant $500 as a contribution within 21 days of the date of this judgment. M...

6. IH v QM [2024] NZDT 389 (5 June 2024) [pdf, 101 KB]

   ...unprincipled manner. 11. Prior to the hearing QM had corresponded with IH and said that while the address for service of HU Ltd was his home address, the director did of that company did not reside there or operate his business from there. 12. In response to a question from me at the hearing QM said that the director of HU Ltd was his brother. He reiterated that his brother did not live with him and explained that the service address of HU Ltd was first used when his sister was ali...

7. MD v EQ [2024] NZDT 592 (5 September 2024) [pdf, 184 KB]

   ...EQ’s vehicle is what MD collided with. Therefore, I find EQ has breached his duty of care in Rule 7.2 because he must not cause a hazard by opening the door of his vehicle. 7. For the applicant of the counter claim, EQ relies on cyclists’ responsibilities to ride at a distance far enough from vehicles so as to avoid any opening door. He cites [International driving website] for bike riding and passing a parked car. He also refers to the [NZ driving website] website that states whe...

8. [2025] NZEmpC 6 Cunningham v healthAlliance NZ Limited [pdf, 175 KB]

   ...any weight. healthAlliance’s opposition to granting a stay [9] healthAlliance advised at the hearing that it is waiting for what the Court would say before it takes any further enforcement action. I commend healthAlliance for taking such a responsible approach. [10] healthAlliance submits that there are no grounds as to why a stay should be granted. It submits that Mr Cunningham’s challenge will not be rendered ineffectual if a stay is refused. It says Mr Cunningham has...

9. Responding to Abuse in Care Legislation Amendment Bill [pdf, 268 KB]

   ...is set out below. The Bill 5. The Bill is an omnibus Bill that contains a suite of legislative amendments intended to improve safety and wellbeing for children and young people, and adults in care. It signals the start of legislative change in response to the Royal Commission into Abuse in State Care and Faith-based Institutions (the Royal Commission). The intention of the Bill is to reflect the Government’s commitment to driving change at pace, for survivors and across the care sys...

10. B Ltd v M Ltd [2024] NZDT 482 (17 May 2024) [pdf, 176 KB]

    ...updated bank account details if it was not too late already. The email appeared to be from B Ltd email address and contained its director’s email signature. M Ltd replied that it was not too late, and received another email thanking it for the swift response and saying that B Ltd was waiting for a bank letter. 3. On 23 August and 31 August, M Ltd received two more emails, again seemingly from B Ltd director. The 23 August email requested payment of the “attached revised invoice with...