Search Results

1. BL v CD (NZ) Ltd [2024] NZDT 282 (9 May 2024) [pdf, 176 KB]

   ...apartment, for which he paid NZ$17,000.00. Subsequently, he discovered that the apartment in question did not exist, and that he had been defrauded. BL claims compensation from CD (NZ) Ltd, represented by DJ. BL considers that the respondent company is responsible for the misleading advertisement that appeared on the website that he used. [2] BL had used CD before. When he went into the website, he saw an array of apartments advertised. He chose one and, having clicked on “submit a re...

2. SM v KK [2024] NZDT 428 (17 May 2024) [pdf, 100 KB]

   ...However, they do dispute liability for the incident. SM claims that KK is liable because she failed to give way to him. He and his insurer, J Ltd, claim $10.287.80 to repair SM’s vehicle. 3. On the other hand, KK claims that it is SM who is responsible because she had entered the roundabout before SM had and therefore he was required to give way to her. She also claims that CI0301_CIV_DCDT_Order Page 2 of 4 SM did not indicate his intention to exit the roundabout at [Road 1]....

3. Van Wey Lovatt v Accident Compensation Corporation (Continuance of All Appeals) [2025] NZACC 73 (6 May 2025) [pdf, 160 KB]

   ...the proceedings. It is in Dr Van Wey Lovatt’s interests and the appropriate use of judicial resources that timetable orders are complied with. [14] Previous enquiries of Dr Van Wey Lovatt by the Registry have been met with automated email responses referring to illness. Dr Van Wey Lovatt has previously been told by the Court that such communication is not sufficient to explain to the Court why the timetable is not being complied.4 [15] The Court gave Dr Van Wey Lovatt the oppo...

4. ND v BT [2024] NZDT 830 (22 October 2024) [pdf, 200 KB]

   ...I consider that BT was justified in encouraging ND to continue with the work, and enquiring about when he would be on site. In my view, such encouragement and enquiries did not amount to interference or harassment. Rather, it was an understandable response to what he perceived as a lack of commitment on the part of ND and his employees. As the parties had agreed that payment would be made when the work was complete, BT had no obligation to make progress payments. [15] Nor do I consider...

5. 2021 Decisions of public interest

   ...DECLARATION - DISABILITY CARE - severely mentally disabled adult could not have employed the applicant in spite of Gazette notice - applicant was engaged by the Minister of Health - caring for severely mentally disabled adult was a responsibility of the Minister of Health under international obligations - applicant's work was undertaken in a dwellinghouse - applicant was a homeworker and therefore an employee of the Minister of Health - employee entitled to be paid...

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6. WHT Annual Report 2024 [pdf, 271 KB]

   ...response to the ‘leaky homes crisis’ enabling claims by the owners of dwellinghouses (stand-alone homes, townhouses and apartments) to be heard faster and more economically than in the general courts. Claimant owners have the option of suing responsible parties in the Tribunal or the courts. The claims are typically against one or more of the local territorial authority, builder, sub-contractors, developer, project manager, engineer, architect and occasionally the previous owne...

7. C Ltd v ML [2025] NZDT 79 (5 February 2025) [pdf, 196 KB]

   ...resulted in a total cost for the work of $6965.00. 5. Within the terms and conditions of the quote it states “should you decide to accept the quote a 50% deposit is required or confirmation of your acceptance in writing or email’. 6. In response to the quote sent ML replied by email “…Great, let’s book. I think that’s a great price, how do we move next? I saw the 50% after the email. Do you need to come again to measure and what would be the date for installation etc...

8. [2025] NZREADT 37- IM v REAA (26 August 2025) [pdf, 234 KB]

   ...was rude in his communication, the way a licensee speaks or writes in their communications may be seen to be a matter of customer service. (b) The Registrar concluded that the issue raised is not sufficiently serious to warrant a disciplinary response. (c) There was insufficient evidence to suggest that the licensee’s conduct could fall within the definition of unsatisfactory conduct or misconduct under the Act. (d) The Registrar considered the allegations made under the compl...

9. Waikato Bay of Plenty Standards Committee 1 v Campion [2017] NZLCDT 31 [pdf, 143 KB]

   ...practitioner did not promptly comply with the order, which had been confirmed by the LCRO, the client requested payment from him on 14 March 2016; she sought payment by 30 April 2016. That request was repeated on 1 May and again was met with no response from the practitioner although he says he had telephone conversations with her. In June 2016 therefore, the client was obliged to instruct a lawyer to seek the enforcement of the refund which had been ordered. [4] Again Mr Campio...

10. ENVC Hearing 6Oct14 TGKL lay attach 2 treated timber [pdf, 1.8 MB]

    ...unlined landfills. In Australia the potential liabilities for authorities are being discussed but no lawsuits have yet been initiated. Commentating on the ‘lax use and disposal requirements [that] are fundamentally at odds with the basic principles of responsible product stewardship’, the Worldwide Fund for Nature warns that allowing manufacturers and retailers to continue to make and sell CCA-treated timber could become a ‘major liability to authorities’ (Rouse, 2004b). 2.5 Industry...