Search Results

1. TQ v B Ltd [2024] NZDT 43 (20 February 2024) [pdf, 165 KB]

   ...the terms of the Sale and Purchase Agreement required the respondent to remove asbestos. For that reason, the claim must be dismissed. Referee: B M Smallbone Date: Tuesday, 20 February 2024 Page 2 of 2 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a reh...

2. GN v MX B Ltd [2023] NZDT 286 (27 July 2023) [pdf, 186 KB]

   ...turn shunted into another car. However, it is necessary for me to consider the evidence of the applicant in support of the claim. 4. Z who attended the hearing by telephone as a representative of B Ltd, provided a copy of a self discharge record form Te Whatu Ora in [redacted]. 5. That document confirmed that MX suffers form Epilepsy, and although he discharged himself from hospital before he could be seen by a doctor, he had reported that he thinks that he “may have had a seizur...

3. Consent Order - Walden, Straits Protection Society & Smart v Auckland Council [pdf, 1021 KB]

   ...SIGNED at AUCKLAND this 3 "A" 1. Amend Chapter B Regional Policy Statement of the Auckland Unitary Plan (Operative in Part) by adding a new policy in section B2.2.2, as follows: B2. Tahuhu whakaruruhau a-taone - Urban growth andform B2.2. Urban growth and form B2.2.2. Policies Quality compact urban form (9) Apply a Rural Urban Boundary for Waiheke Island (identified in Appendix lB) as a regional policy statement method. 2. Amend Chapter B Regional Policy Stateme...

4. ENV-2016-AKL-000TBA Mahi Properties Limited v Auckland Council [pdf, 2.3 MB]

   ...encourage the type of housing being promoted as appropriate and typical for the mixed housing zones. (c) The AHIRB will increase housing choice and supply by encouraging small scale investors to develop in-fill housing of smaller lots in the form of two storeyed duplex/terrace type housing being promoted as appropriate and typical for the mixed housing zones. (d) If the AHIRB is not a permitted standard it will discourage use of the control by small scale investors who cannot af...

5. AI v ZO LCRO 215 / 2011 (21 June 2013) [pdf, 109 KB]

   ...Practitioner’s responses to the Standards Committee. 2 [4] In relation to those matters the Practitioner was asked to provide further comments for the review. I received the Practitioner’s comments, and having considered them I formed a view that they did not wholly address all of the discrepancies and that some further inquiry was likely to be needed in order to resolve them. [5] The Practitioner was informed that I was contemplating referring the matter back to...

6. EU v UX [2023] NZDT 313 (23 June 2023) [pdf, 188 KB]

   ...a total of $14,950.00 to have the work completed by another supplier, whereas the unpaid balance of the contract price was only $8,387.00. The amount required to put the consumer into the position he would have been in if the contract had been performed is therefore $6,563.00. This exceeds the amount claimed, and no more than the $4,990.00 notified to the supplier can be awarded without adjourning to give further notice. For these reasons, I find that the supplier must pay $4,990.00 to the...

7. HG Trust v LM Ltd [2023] NZDT 590 (1 December 2023) [pdf, 203 KB]

   ...7. For this reason, the rehearing application is denied. Referee: P McKinstry Date: 1 December 2023 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe

8. FC v N Ltd [2022] NZDT 255 (20 December 2022) [pdf, 197 KB]

   ...claim. The Tribunal has limited jurisdiction to order costs, and none of those circumstances apply. Therefore, this aspect of the claim is dismissed. Referee: J P Smith Date: 20 December 2022 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a r...

9. AS Ltd v ZH Ltd [2014] NZDT 659 (26 September 2014) [pdf, 20 KB]

   ...has written under the pricing details “fix price for 12 months”. AS Limited’s manager agrees that that was written on the document she signed. [3] On 30 April 2014, when AS Limited was moving premises, AA signed another service agreement form recording the new address. [4] AS Limited contends that they only ever intended to enter into a month by month agreement and that their manager, AA, was misled into signing the agreement and that the document itself is misleading. AS Li...

10. KE v TX [2022] NZDT 277 (2 December 2022) [pdf, 91 KB]

    ...secured and that an unauthorised bid under his account could not be made by another person. 6. When the auction ended with the bid from TX’s account having met reserve and being the only bid, TX won the auction and a legally binding contract was formed between TX, the account owner, and KE. Under contract law, by not following through with the purchase, TX breached his obligations under the contract. CI0301_CIV_DCDT_Order Page 2 of 3 7. KE had to relist and resell his ve...