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1. [2021] NZEmpC 192 AB Roofing Ltd v Lane [pdf, 182 KB]

   ...against a long history of non-compliance with directions in both the Authority and the Court. [10] At the time scheduled for the telephone directions conference, an attempt was made by the Registrar to contact Ms Vanderberg, but there was no response to the cell phone number she had previously given. There was accordingly no appearance for ABRL. [11] In a minute which I issued that day, I noted that there had been a failure to file briefs of evidence in accordance with the Co...

2. FG Ltd v SB & ID Ltd [2023] NZDT 173 (7 June 2023) [pdf, 120 KB]

   ...in a day. 13. CD said that SB had no knowledge of the pothole prior to ST’s incident, but when it was reported by ST, ID Ltd was instructed to repair it immediately and this occurred the same day. 14. CD said that ID Ltd was contractually responsible for the repair of roads that were brought to its attention, as had occurred in this case. CD agreed that SB owes a duty of care to warn motorists or to repair potholes that it has knowledge of, but in this case SB had no knowledge of...

3. LX v O Ltd [2023] NZDT 619 (9 November 2023) [pdf, 112 KB]

   ...lines. 5. It is stated in the agreement under owner comments: Fell trees beside and under 33kv. Cut into manageable lengths for owner. 6. It is also stated in the agreement under the heading Disposal of Debris as follows: the tree owner is responsible for disposing of the debris, large branches and tree trunks resulting from the specified tree work. If specified below, O Ltd will, in addition to the specified tree work, carry out removal of debris and certain clean up actions for th...

4. HH v BJ Ltd [2024] NZDT 200 (26 March 2024) [pdf, 133 KB]

   ...about the collision. As a result, BJ Ltd had the ability to cancel the policy and recover the towing costs. If not, is HH’s car economical to repair? 12. As I have BJ Ltd could cancel the policy and recover the towing costs. BJ Ltd is not responsible for any costs associated with repairing HH’s car. I do not have to consider if the car is economical to repair. Can HH claim $15,000.00 toward the cost of repairing the car and a refund of $558.27 in towing costs? 13....

5. DE v SC [2023] NZDT 499 (10 October 2023) [pdf, 205 KB]

   ...driving of SC was not negligent. It is not the case that SC was following too closely behind DE and failed to stop in time. SC swerved to go around DE’s vehicle and would have done so successfully if he had not hit [car 2]. 15. The person responsible for the accident, and for the damage to both DE’s vehicle and to SC’s vehicle is the driver of [car 2]. 16. The claim against SC is dismissed. Referee: Nicholas Blake Date: 10 October 2023 Page 3 of...

6. ZG v DD Ltd & GT [2023] NZDT 119 (30 June 2023) [pdf, 118 KB]

   ...3. GT initially responded to my call but then disconnected and did not respond again. The hearing proceeded without him pursuant to section 42 of the Disputes Tribunal Act 1988. 4. The issues identified at today’s hearing were: a. Was GT responsible for the collision? b. If so, was the conduct within the scope of his employment with the company or was there a sufficiently close connection between the act and what he was authorised to do, so that the company is vicariously liabl...

7. LM v U Ltd [2023] NZDT 274 (10 August 2023) [pdf, 235 KB]

   ...limited, he did not read the terms and conditions. 5. The terms and conditions are contained in a six-page document. I accept it may have been difficult for LM to read the document with English being his second language, however it is LM’s responsibility to ensure he is aware of the terms and conditions of any contract he enters. 6. As LM signed as accepting the contract terms and conditions, I find he is bound by them. CI0301_CIV_DCDT_Order Page 2 of 3 Did U Ltd breach th...

8. Lobbying-code-of-conduct-Discussion-draft-March-2024.pdf [pdf, 161 KB]

   ...Officials. Promote professionalism 16. Improper influence of public officials has a highly corrosive effect on democracy: 16.1. Act on the basis of a well-informed conscience and interact with public officials in a professional, ethical and responsible manner. 16.2. Comply with relevant legal obligations and good practice expectations outlined in this code. Exercise Accountability Be accountable for actions 17. Conducting business in a way that upholds the good practice expec...

9. HT v Q Ltd [2024] NZDT 2 (5 January 2024) [pdf, 197 KB]

   ...disputed the invoice as overcharged. 15. The parties differ in their views. On the evidence, I am not satisfied HT has proven overcharging for the services that was provided. Given the urgent situation, she is liable to pay the full amount. She had a responsibility to inquire about costs and services beforehand and failed to do so. 16. I accept Q Ltd's explanation for the length of the job and the need for multiple workers. Given the urgent situation, more labour was required than a...

10. TC v NU [2023] NZDT 707 (19 December 2023) [pdf, 194 KB]

    ...have the tree cut down. The issue [9] The question for me to decide is whether NU is obliged to cover the cost that TC incurred to remove the tree branch. CI0301_CIV_DCDT_Order Page 2 of 3 Decision [10] I consider that NU is responsible for the fallen branch, and must compensate TC for the resulting cost to TC. The tree fell from NU’s property, and blocked TC’s driveway. I do not think it was reasonable on NU’s part to expect that TC and his family should wait...