Search Results

1. IC v EI [2025] NZDT 112 (13 February 2025) [pdf, 198 KB]

   ...failure to give way. 16. However, given I have found IC’s actions may have contributed to the damage, I have to assess the proportion of liability of each. 17. Assessing respective liability is not an exact science. However, here the primary responsibility was for EI to ensure the way was clear for him to start, and complete, his right hand turn. IC had the right of way. In these circumstances I assess EI’s liability to be at 90%. Is X Ltd estopped from pursuing the curren...

2. SZ v U Ltd [2025] NZDT 116 (13 February 2025) [pdf, 190 KB]

   ...removing allegedly contaminated fuel and replacing with petrol, replacing 4 spark plugs, scanning the engine for faults, replacing 2 cam sensors, consumables and labour. SZ sought information on the invoice and requested a breakdown of labour costs. No response was received. 4. On 4 January 2024, in order to recover the car Mr F paid the invoice under protest. Mr F has confirmed that there is an arrangement between him and his daughter that entitles her to pursue repayment of the invoi...

3. WHT Annual Report 2023 [pdf, 265 KB]

   ...apartments) 1 See, for example, Gwak v Sun [2022] NZHC 2296, an unsuccessful appeal against a removal application of the Tribunal 3 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...

4. [2025] NZREADT 31 – Green v REAA (30 July 2025) [pdf, 208 KB]

   ...the Registrar’s intention to cancel his licence because the Registrar had not received evidence that the Applicant had completed any of his required CPD in 2024. The Applicant was given ten working days (by 13 March 2025) to provide a written response and was provided with three options when considering his response: (i) If he believed he had completed his required 2024 verifiable CPD by 31 December 202, he could provide evidence of this. (ii) If he had not completed his requir...

5. MP v TN & KG [2025] NZDT 179 (14 May 2025) [pdf, 104 KB]

   ...should have told her about the previously identified rodent issue and says she would not have moved in if she had known. MP says they owed her an obligation to do so because: a) The agreement refers to them as the “landlord” and landlords have responsibilities to tenants. However, the agreement refers to MP as a “flatmate” and the Tenancy Tribunal has determined that the agreement was not a residential tenancy for the purposes of the Residential Tenancies Act 1986. Thus, the l...

6. BF v SF [2025] NZDT 177 (21 May 2025) [pdf, 192 KB]

   ...requirement that the particular words “as is, where is” are used when selling a vehicle without a current WOF. 22. BF said that the meaning of the phrase “as is, where is” was to alert the buyer that what they were buying was fully their responsibility and that it was up to them what they were buying. BF said he would have been more wary if the vehicle was advertised “as is, where is”. 23. However, I consider the advertisement, as a whole, made it clear the responsibili...

7. Auckland Standards Committee v Appleby [2014] NZLCDT 34 [pdf, 57 KB]

   ...for the respondent. [26] All of the above matters have led the Tribunal to make the finding of misconduct and impose the penalty and costs set out in paragraph [5] of this decision. We emphasise that our decision is to be seen as a beneficent response to the offending of a practitioner who was under extraordinary pressure. DATED at Auckland this 19th day of June 2014 BJ Kendall Chairperson

8. Auckland Standards Committee v Potter [2014] NZLCDT 63 [pdf, 62 KB]

   ...considered important by the profession in order to protect the public. Issue 2 - aggravating features [19] While at all times courteous, it has to be noted at times the practitioner failed to comply with directions and indeed filed no formal response to the charge faced by him. Nor did he file an affidavit. He simply appeared on the day and presented his arguments. We considered he failed to accord a proper level of seriousness to his failure to comply with the undertaking give...

9. Morris v Accident Compensation Corporation (Claims process) [2025] NZACC 176 [pdf, 191 KB]

   ...section 40 (1) of the Act. The Act states that the purpose of this code is to meet the reasonable expectations of claimants about how ACC should deal with them, including the highest practicable standard of service and fairness. I have considered the responses you have received and believe these were appropriate and correct. You were advised what information ACC would require for your correspondence to be considered an application for review and the reason why ACC required the infor...

10. [2018] NZEmpC 151 Ovation New Zealand Ltd v The New Zealand Meat Workers and Related Trades Union Inc [pdf, 1.3 MB]

    ...minimum standards for a modern workforce in respect of the provision of rest and meal breaks. Further, these amendments support government policy concerning the choices of employees, particularly regarding their work-life balance and caring responsibilities. [28] To the extent that the Bill introduced minimum standards for rest and meal breaks, the evident government purpose was to benefit employees by providing for a better work-life balance. The regulatory impact statement...