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1. TU v EN & C Ltd [2024] NZDT 479 (28 May 2024) [pdf, 108 KB]

   ...against him in this regard is dismissed. What remedial work, if any, is required to the soffits? 17. While photographs of incomplete soffits were provided, no cost evidence was provided, and in any event, such work would be the contractual responsibility of NI Ltd, and not EN personally. This part of the claim therefore does not succeed. Referee Perfect Date: 28 May 2024 Page 4 of 4 Information for Parties Rehearings You can apply for a re...

2. QN v CI & EN [2024] NZDT 472 (4 June 2024) [pdf, 198 KB]

   ...accepted that she had not had any communication with CI about the situation until some time after the loan was made. 19. EN could not remember what he had told CI at the time and whether he told her it was a gift or a loan. He said it was solely his responsibility to pay the money back and he could not recall whether he had told CI that it needed to be repaid. 20. The evidence therefore falls short of establishing that there was a representation made to CI that the car was purchase...

3. TU v TG Ltd & SC [2024] NZDT 481 (19 June 2024) [pdf, 103 KB]

   ...of $3,000.00 to take the vehicle over as his own. 2. On 22 February 2022, TU called TG Ltd’s director SC to ask for a statement of account, as he wanted to release the full payment for the vehicle. No statement was received, and there was no response to follow-up text messages and emails. Six months later, on 22 August 2022, TU stopped his weekly payments, which had been made regularly until then, in the hope that SC would respond and provide a statement of account. 3. Nothing happ...

4. Wai 3300 2.6.027 Memorandum directions of Chief Judge Dr C L Fox addressing matters concerning the wānanga ā-rohe phase [pdf, 497 KB]

   ...MEMORANDUM-DIRECTIONS OF CHIEF JUDGE DR C L FOX ADDRESSING MATTERS CONCERNING THE WĀNANGA Ā-ROHE PHASE 30 Whiringa-ā-Nuku 2024 Wai 3300, #2.6.27 TEOFILH New Stamp Purpose 1. This memorandum-directions addresses several claimant memoranda filed in response to my directions commencing the wānanga ā-rohe phase for the Tomokia ngā tatau o Matangireia – the Constitutional Kaupapa Inquiry (Wai 3300). Procedural background Commencement of wānanga ā-rohe phase 2. On 1 Oc...

5. FD v HO & MO [2024] NZDT 558 (29 July 2024) [pdf, 189 KB]

   ...entering the contract and that such reliance was reasonable. 5. FD states that he came across the campervan [online] and he went and viewed the campervan at MO’s property. FD told the Tribunal a question had been asked on [online listing] and the response states, “climbs steep hills in lower gear”. He states he was not worried about that statement at the time because he had time and would be touring. He states the van was a beautiful vehicle and he told HO and MO he must be able...

6. Andree v Applehof –Oriwa 1B3E (2024) 273 Taitokerau MB 56 (273 TTK 56) [pdf, 215 KB]

   ...or an occupation order, an agreement is required. The parties have simply not been able to reach an agreement as to any of the options, or potential locations for exclusive use and occupation. As to whether the next generation could take over the responsibility of decision- making through the formation of a trust, both parties agreed that this would be unlikely to resolve the dispute. From the evidence, it is clear that communication between the parties is strained, and there is a comp...

7. Te Muunu v Rakete - Punakitere 4J2B3A (2024) 283 Taitokerau MB 1 (283 TTK 1) [pdf, 217 KB]

   ...original occupation order site. [5] Initially, the trustees sought an injunction concerning all three buildings. Jimmy states that the cabin and the shed are within the original site and it is only the clubrooms that straddle the site boundary. In response, the trustees now only seek an injunction concerning the clubrooms. The trustees advised that they will seek to resolve any outstanding issues concerning the cabin and the shed directly with Jimmy.4 1 25 Auckland MB 130-131...

8. MD v U Ltd [2024] NZDT 578 (30 July 2024) [pdf, 101 KB]

   ...in the precise area where a vapour barrier was being installed, workers would not have reported it to management. 6. U Ltd also suggested that some other person could have entered the underfloor area and caused the damage after their work. In response MD stated that the area was locked and not even the owner of the attached unit had access. The photos taken by MD show no signs of other work being carried on in the basement after U Ltd completed the vapour barrier work. There is in...

9. [2025] NZEmpC 151 Lee v Yamaya and Ors [pdf, 185 KB]

   ...primary purpose of a compliance order is to compel the defaulting party’s compliance, but that there is a further purpose; to impose a sanction for non-compliance. [20] Breaching a compliance order is a serious matter and warrants a serious response. The Authority, the Court and the parties are entitled to expect orders to be obeyed and it is likely to be in only reasonably rare cases that non-compliance would be excused. A sanction is called for. [21] In setting the amount...

10. Behavioural Science in the Justice Sector

    ...offending in the first place, almost everything the justice sector does involves people making decisions. We often expect people to respond in certain ways to laws, incentives or information without considering all the factors that can influence their response. These factors include understanding the rules, social norms (what everyone else is doing), cultural practice, and the way information is presented. Sometimes, a small change can have a big effect. For example, simplifying documents, usin...

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