Search Results

1. EG v KI [2023] NZDT 247 (12 June 2023) [pdf, 109 KB]

   ...damaged from the trimming: one manuka and two pohutukawa. 10. Photos were presented that showed the tops had been trimmed in a way that left “stubs”. These were unsightly, and not at growth points in the tree that would encourage proper future form. 11. I therefore consider that the trees were damaged. One was able to be rectified by trimming. The other two were removed altogether. KI made the point that the two trees that were removed were still alive. However, given the...

2. DC v C Ltd [2022] NZDT 274 (16 December 2022) [pdf, 93 KB]

   ...would the landline as back-up to call an ambulance if the mobile coverage was not working, and in subsequent emails the consumer stressed that this was a life-or-death issue. 4. Eventually the landline was restored on 12 July, but the consumer informed the supplier that she was cancelling the contract immediately due to “poor service reliability, lack of clear communication, and lack of timely and appropriate remedial action”. 5. The supplier issued an invoice for $907.50, comprisi...

3. AEC Ltd v ZVS [2011] NZDT 299 (25 July 2011) [pdf, 59 KB]

   ...contract on (or the 2 November contract) for failing to ensure that funds for the 29 October contract were received by the end of 2 November. [7] ZVS also argued that she was not liable for AEC Ltd’s claim because the 2 November contract was not formed and not binding on her as she had not signed the “Open Contract” document sent to her by AEC Ltd on 2 November or paid the deposit requested by AEC Ltd. This, too, was not accepted. The 2 November contract was formed on the te...

4. 20240911-Smokefree-Environments-and-Regulated-Products-Amendment-Bill-No-2.pdf [pdf, 307 KB]

   ...Consistency of the Bill with the Bill of Rights Act Section 14 – Freedom of expression 6. Section 14 of the Bill of Rights Act affirms that everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind and in any form. The right has been interpreted as including the right not to be compelled to say certain things or to provide certain information. 1 In addition, commercial expression falls under the ambit...

5. HL v UB [2024] NZDT 339 (8 July 2024) [pdf, 136 KB]

   ...applicant’s insurer has sent letters to the respondent holding him liable for what happened here. There has been no response. If someone else was the driver of the vehicle involved in the incident with the applicant, UB has had an ample opportunity to inform K Ltd as to who that might be. I am satisfied that it is more likely than not that UB was the driver. CI0301_CIV_DCDT_Order Page 2 of 3 5) I accept the applicant’s evidence as to the event that has lead to this cl...

6. BE v B Ltd [2024] NZDT 364 (30 May 2024) [pdf, 168 KB]

   ...applicant is entitled to a refund of the fees paid, plus the consequential costs of the engineering fees (s32 CGA). 6. An order has been made accordingly. Referee: J Robertshawe Date: 30 May 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...

7. LL v KN [2024] NZDT 369 (27 June 2024) [pdf, 173 KB]

   ...absence of good evidence about these costs, I allow $80.00 compensation. 10. In conclusion, LL is entitled to a refund of $560.00 ($640.00 - $80.00). Referee: Sara Grayson Date: 27 June 2024 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 reh...

8. KH v BG [2024] NZDT 464 (29 May 2024) [pdf, 181 KB]

   ...9. For the reasons set out in para (4) of this order, BG is not a personal guarantor and does not owe KH $2,326.66 in legal costs. The claim is dismissed. Referee: K O’Shea Date: 29 May 2024 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

9. EI & OI v UX [2024] NZDT 432 (31 May 2024) [pdf, 169 KB]

   ...clearly owed a refund of the $800.00 they have paid, and this order is made against the person, who, on the face of it, received their money and failed to deliver a puppy. Referee Perfect Date: 31 May 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 re...

10. WO v BN and ors [2024] NZDT 433 (13 June 2024) [pdf, 175 KB]

    ...the parts purchased was provided. Further, in the absence of independent mechanical evidence about symptoms, the car may have been “running well” (in lay terms) in spite of a low coolant level/crack in the radiator. 6. Given the specific information gleaned from his own inspection of the car for sale (low coolant level), I cannot find that the more general statement “runs well” induced WO’s entry into the contract to buy the car. Even though he says he asked the buyers abou...