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1. EX v HG [2023] NZDT 697 (6 December 2023) [pdf, 200 KB]

   ...has not met the standard of proof required to be successful on this point. 14. In the absence of any better evidence, I find that $500.00 would have been a reasonable value for the repair of the heat pump issue (gas) that I have found HG to be responsible for. This is pragmatically based on the likely repair value of the lounge heat pump as per paragraph 5 above. Is EX entitled to $200.00 for the cost of purchasing heaters to stay warm? 15. I find that EX is not entitled to $20...

2. Justice-Factsheet-for-claimant-funding-for-Tuapapa-Stage-v7.pdf [pdf, 817 KB]

   ...cost is required.  A bank deposit slip or screenshot including bank logo, account name and account number for the person named in the claim. Send your forms to: Email: claimantfunding@justice.govt.nz Post: Ministry of Justice - Crown Response to Justice System and Constitutional Kaupapa Inquiries SX 10088 Wellington New Zealand If you have questions please call: 0800 268 787 or text 027 361 2236 Need support with a request for reimbursement? The Ministry will h...

3. [2023] NZEnvC 197 HPC Plumbing & Gas Lmited v Auckland Council [pdf, 265 KB]

   ...the intervention of counsel. The Council denies that there was any neglect of its duty, that it has acted unreasonably or that its actions were blameworthy. Mr Carter submits the Council acted correctly and with due regard to its statutory responsibility to enforce the RMA and AUP. The investigation was conducted with all due diligence. Mr Carter reiterated this matter was resolved at mediation and the matter did not progress to a hearing. Costs in the Environment Court...

4. NQ & TQ v WQ [2023] NZDT 360 (24 July 2023) [pdf, 106 KB]

   ...mutual decision to not otherwise record the nature of the advance between them. e. If the nature of the advance back in 2005 was a gift, then it is unlikely it would be described as a loan in the bank documentation. f. Notably there was also no response from WQ questioning or objecting to the nature of the advance being recorded as a loan in the bank record. Objectively, he would have read that document or his bank records and if it that was incorrect, then it would be normal to ex...

5. Evidence-of-J-Lane-.pdf [pdf, 169 KB]

   ...trail users • The O2NL application from Waka Kotahi • The submissions made by the Groups • The Resource Management Act (RMA) 10. The scope of this statement of evidence does not extend to identifying consequential amendments needed in response to the concerns raised. 11. For ease of administration, this statement of evidence focusses only on areas of remaining concerns. Where I do not specifically address issues raised in the Groups submissions I either agree with or hav...

6. TD v U Ltd [2023] NZDT 414 (14 August 2023) [pdf, 192 KB]

   ...$1,146.75; the F Ltd repair cost of $8,208.00 plus credit card surcharge $164.16; Incidentals and roadside assistance during the [City] repair $350.00; [car dealer] report $517.50; [mechanic] repair actual cost $12,221.54. U Ltd believes it is not responsible because the manufacturer’s warranty had expired, U Ltd submitted that it was not given opportunity to view or repair the vehicle and the fault was due to the way the motorhome was driven and was wear and tear. 3. The issue...

7. [2024] NZEmpC 161 Putaanga v MOVe Freight Ltd [pdf, 194 KB]

   ...a contribution to legal expenses in the Court; (b) $9,936.00 as a contribution to legal expenses in the Authority; (c) $933.20 as a contribution to legal expenses for preparing submissions on costs; and (d) $213.44 of disbursements. [4] In response, the defendant acknowledged that the claimed disbursements are payable but submitted that a lay litigant is not usually entitled to recover costs and that where counsel remains in the background without registering an appearance, such...

8. CG v UD Ltd [2024] NZDT 270 (28 April 2024) [pdf, 189 KB]

   ...He says there was provision for accommodating three people as promised and the photo provided makes it clear that there will be a rollaway bed in a double room. He says it was a tourist hotel so did not provide business facilities. 10. In response to other complaints from CG, NU says that he is disappointed that CG and his parents were not satisfied with the trip and he will take on board their comments. But he says that this has been a popular itinerary for many years and is rat...

9. OQ & TT v N Ltd [2024] NZDT 276 (16 May 2024) [pdf, 179 KB]

   ...as soon as a travel agent became aware of any flight changes. b) I have considered the argument of N Ltd that the airline was at fault because it did not tell OQ about the change. However, OQ bought the tickets via N Ltd, therefore it had sole responsibility to tell OQ about any changes. As discussed above it promised that this notification would be part of the services provided, therefore, it was not reasonable for N Ltd to assume that the airline would notify OQ. c) I have conside...

10. UC v O Ltd [2024] NZDT 76 (18 February 2024) [pdf, 101 KB]

    ...represented the sum he had paid to the pawn shop. UC has never provided that evidence. i. I find that O Ltd had a legal obligation to take possession of the second vacuum cleaner because of the potential danger to the public. I find O Ltd have acted with responsibility by holding open their offer to UC for over 4 years to provide his proof of purchase. j. I informed UC that pawn shops have a legal obligation to obtain all details of goods they either purchase and sell, including ser...