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1. M Ltd v ON [2023] NZDT 389 (21 September 2023) [pdf, 113 KB]

   ...contract by a misrepresentation made by the other party, whether innocent or fraudulent, that person is entitled to compensation from that other party as if the misrepresentation were a term of the contract. In this case, XC must prove that ON’s statement that the digger had been regularly serviced was incorrect; that it induced him to enter the contract; and that it resulted in the losses that he claimed. Did ON misrepresent the condition of the digger by saying it had been regularly...

2. Unnikrishnan v Goldsmith [2015] NZIACDT 26 (13 March 2015) [pdf, 80 KB]

   ...achieving the purpose of giving Ms Goldsmith notice of the complaint, and the respects in which it appears to have potential support. The criticism is one of form, which does not go to the substance of the document. [11] The submission includes a claim that the Registrar, in preparing the Statement of Complaint, failed to take adequate account of Ms Goldsmith’s response to the complaint. I discuss that issue in the following section. Allegation of actual bias and dishonesty against th...

3. LCRO 2/2018 MC v TL (17 June 2020) [pdf, 304 KB]

   ...of criminality”. 9 Mr MC refers to a number of statutory provisions including those concerning vexatious proceedings, a false statement in an application for a paternity order, perjury, and false statements. 10 Mr MC's mother stated that although Mr MC's brother "presented" her with Ms PW's 2003/2004 proceedings "on 2 separate occasions", she did not read them, or pass them on to Mr MC. 8 [33] H...

4. DT v-S Ltd [2019] NZDT 1510 (30 September 2019) [pdf, 96 KB]

   ...[Redacted] robot vacuum today and return within 14 days if you’re less than 100% satisfied.” 2. Before purchasing, DT ticked a box acknowledging that he had read and agreed to S’s terms and conditions. Above the terms and conditions was the statement, “We love our Ss and we know you will too. This is why we are letting you try one, risk-free, and returnable within 14 days.” The Terms & Conditions consisted of 14 bullet points, the first two being “This offer is only vali...

5. KK v Q Ltd [2023] NZDT 258 (29 May 2023) [pdf, 182 KB]

   ...is only liable for intentional damage. 7. Section 250 CCLA provides that a contract can only be at owner’s risk if the contract is in writing, is expressed to be at owner’s risk, and is signed by the parties or their agents or if a separate statement is signed by the contracting party accepting that the goods are carried at owner’s risk. CI0301_CIV_DCDT_Order Page 2 of 3 8. On 16 March 2023 KK went to Q Ltd and asked to send two pieces of beef from [city 1] to [city 2]. Q...

6. MX & YR v D Ltd [2023] NZDT 465 (16 August 2023) [pdf, 197 KB]

   ...2023 and on that payment of that CI0301_CIV_DCDT_Order Page 2 of 3 amount and delivery of the goods the contract has been fully performed and no refund will be awarded. 6. I note that MX and YR have referred generally to misleading statements made by D Ltd and gave, as an example, D Ltd’s statement in an email to them that “A 20ft 38m3 container is the smallest option we have”. I gathered from YR’s verbal submissions that he was implying that they were led to believ...

7. [2016] NZEmpC 121 Tait v Robin t/a Silver Birch Holiday Park & Motel [pdf, 148 KB]

   ...She also challenges the determination that she provided no evidence to support a claim for compensation and was accordingly awarded no compensation. [3] No cross-challenge was lodged by the defendants. The pleadings [4] In the original statement of defence filed by the defendants, they alleged as an alternative defence: The Defendants say the dismissal was justified in all of the circumstances and consequently the Plaintiff is not entitled to the relief sought. [5] Clea...

8. Civil enforcement forms

   ...Application to enforce a judgment over six years A creditor Ask a judge to grant permission (leave of the court) so that you can enforce a judgment order more than 6 years old. Find out about enforcing a judgment order older than 6 years Third party claim A third party Tell the creditor and the court that you have a financial interest in property seized and by a bailiff. Response to third party claim A creditor Tell the court if you accept a third party claim. You can also a...

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   1. Fines & payments >
   2. About civil debt

9. Introduction to the Weathertight Homes Tribunal [pdf, 549 KB]

   Introduction to the Weathertight Homes Tribunal Guide to adjudication of claims under the Weathertight Homes Resolution Services Act 2006 The purpose of the Weathertight Homes Tribunal is to provide speedy, flexible, cost-effective resolution for leaky home claims brought under the Weathertight Homes Resolution Services (WHRS) Act 2006. The Tribunal was set up in 2007 after the government recognised the difficulties with resolving leaky home claims under the WHR

10. Kanta v Prakash [2014] NZIACDT 64 (05 May 2014) [pdf, 126 KB]

    ...professional services he provided, [7.2] Set out the costs of those services in advance, and [7.3] His claim for interest and collection costs was not fair or reasonable. [8] The adviser has not challenged the allegations the Registrar set out in the statement of complaint. The Tribunal has upheld the complaint. The Statement of Complaint [9] The Registrar filed a statement of complaint. It says the complainant lodged the complaint on wider grounds, but the Registrar identified mat...