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1. [2010] NZEmpC 125 Behan-Kitto v New Zealand Post Limited [pdf, 26 KB]

   ...for leave on 16 June 2010 following e-mailed receipt of the papers by the registry on the previous day. Mr Behan-Kitto’s application for leave to challenge out of time was accompanied by an affidavit explaining the circumstances and a draft statement of claim. [3] The statutory period for challenging determinations of the Authority by right is 28 days from the date of its determinations. The delay in this case between its expiry and the application to the Court was almost thre...

2. TM v DD [2019] NZDT 1469 (18 November 2019) [pdf, 122 KB]

   ...to a misrepresentation, I would have to be satisfied that DD did not honestly hold that opinion or that she had no reasonable basis on which to hold that opinion. 12. A seller in a private sale is not obliged to point out faults or problems but statements made and answers to questions by the seller can be relied on and can amount to misrepresentation if false. 13. TM says DD misrepresented T to her because she said he had potential to develop arthritis at an earlier age. She says...

3. LT v NC [2024] NZDT 25 (22 February 2024) [pdf, 151 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 25 APPLICANT LT RESPONDENT NC The Tribunal orders: The claim is dismissed. Reasons: 1. In November 2023, NC had advertised a [motor vehicle] on [online application]. 2. LT was interested in the car and arranged to meet NC for a test drive. LT test drove the car on 8 November 2023. 3. On 9th November 2023, LT purch...

4. CF v CL [2024] NZDT 408 (2 May 2024) [pdf, 197 KB]

   ...with it. He says when his parents went home, he needed to sell the car for financial reasons. He says he had no reason to check the engine of the car when he owned it and had no idea that it had an engine oil leak or any other issues. 10. The statements made by CL in the advertisement for the car (“drives amazingly” and “everything is in working order”) and in his text to CF (“nothing else wrong with it” and “it drives awesome”) are representations about the condition

5. CL v TD [2024] NZDT 404 (15 May 2024) [pdf, 190 KB]

   ...induces the purchaser to enter into the contract, that proves to be wrong. CI0301_CIV_DCDT_Order Page 2 of 4 8. I find that the statement made in the advertisements as set out in Clause 1 above imply that the fridge is working. However, the statements made have not been found to factually incorrect, so I am unable to find that there has been a statement of fact made that is incorrect. Therefore I find no misrepresentation. Has there been a mistake of a kind covered by law?...

6. Waitangi Legal Aid factsheet for claimants.pdf [pdf, 351 KB]

   Legal aid for Waitangi Tribunal claims Legal aid is available for claims involved in proceedings before the Waitangi Tribunal. This includes claims in District, Kaupapa, Urgent and Remedies Inquiries. Once your claim has been registered by the Waitangi Tribunal and given a Wai number, you can apply for legal aid to help with the legal costs of progressing your claim. Legal aid covers the costs of obtaining legal advice and representation. Generally, you will not...

7. Cooper v Wellington City Council [pdf, 237 KB]

   CLAIM NO: 2171 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN AVIS COOPER Claimant AND WELLINGTON CITY COUNCIL First Respondent AND R & I KENNEDY LIMITED Second Respondent AND R TE ONE ASSOCIATES LIMITED Third Respondent AND No Fourth Respondent Master Build Services Limited having been struck out AND TREVOR GASKIN Fifth Respondent AND No Sixth Respondent CSR Building...

8. [2006] NZEmpC AC 53/06 Graham v Crestline Pty Ltd [pdf, 86 KB]

   ...Graham says that, on instruction from his father, he no longer answered or returned calls from Mr Reynolds. [26] On 10 May Mr Reynolds was advised by Crestline’s New Zealand solicitors that Mr Donald Graham was seeking leave to file an amended statement of claim in his challenge in this Court. On the following day, 11 May, Mr Reynolds learnt that Mr Donald Graham had instructed his Western Australian solicitors to proceed with defending the claim against him and asserted that hi...

9. Waters v Alpine Energy Ltd (Discovery) [2014] NZHRRT 8 [pdf, 97 KB]

   ...Following initial disclosure by the parties Mr Waters made application for further and better discovery and for a direction under s 69 of the Evidence Act 2006 requiring disclosure of communications or information in respect of which Alpine Energy has claimed confidentiality. [4] A brief overview of the case as presently pleaded will aid an understanding of the issues to be determined. Background circumstances [5] As these proceedings are still at the pre-trial preparation stage no ev...

10. Atkins & Ors as Trustees of the Bruce Family Trust v North Shore City Council [pdf, 284 KB]

    claim-01505.doc Claim No: 1505 Under the Weathertight Homes Resolution Services Act 2002 In the matter of an adjudication claim And Peter Bruce Frederick Atkins, Peter Bruce Frederick Atkins and John Richard Muller as trustees of The Bruce Family Trust Claimants And North Shore City Council First respondent And Grant Williams Second respondent And Jason Williams Third respondent And Grant Williams and Jason Williams and Desmond Sarjant Williams as trustee...