Search Results

1. NU v TE [2020] NZDT 1402 (25 November 2020) [pdf, 94 KB]

   ...NU’s loss? Did TE misrepresent the condition of the vehicle prior to or at the time of purchase? 3. The law relevant to this claim is the general law of contract and the Contract and Commercial Law Act 2017. A contract is a binding commitment formed by an offer made by one party and a subsequent acceptance by the other party. There is a well-known principle of contract law which is “caveat emptor” or “let the buyer beware”. This implies that the buyer must be cautious,...

2. NC v HU [2023] NZDT 692 (21 December 2023) [pdf, 193 KB]

   ...law of contract apply to this dispute. A contract is an agreement that the parties intend to be legally bound by. It involves an exchange of promises and becomes binding when the parties agree on clear and certain terms. The terms of a contract are formed at the beginning, not at the end. A contract can be in writing, oral or a mixture of both. Variations to agreements can be made in the same manner. Subsequent actions, of the parties, can show that parties confirm their intention to be bo...

3. OT v KC & ZX [2023] NZDT 693 (14 December 2023) [pdf, 178 KB]

   ...discovered the camera was not in the box, but another item was. 3. OT seeks $330.00 the amount paid for the camera and its postage. 4. In the process of KC being served the claim, ZX contacted the Tribunal identifying himself as the son of KC. He informed that KC had died and produced a death certificate. He further informed the Tribunal that he was the person that had completed the camera auction on [the online platform] using his mother’s account. He is the identifiable and connect...

4. PR v Z Ltd [2023] NZDT 353 (29 May 2023) [pdf, 178 KB]

   ...assessment of the course content as well as having personal reasons for withdrawing unrelated to the delivery of its course. Z Ltd has highlighted the course is popular nationally and fully accredited by NZQA. 3. Having considered all of the information before me including the explanations of PR and NB for Z Ltd at the hearing, on balance I consider it more likely than not PR is entitled to a refund. This is for the following reasons: a. It is not disputed that PR withdrew from...

5. [2012] NZEmpC 185 Yang v L E Builders Ltd [pdf, 165 KB]

   ...from a determination of the Employment Relations Authority (the Authority). 1 The Authority dismissed a personal grievance filed on Mr Yang’s behalf, finding that he was a contractor rather than an employee. The challenge proceeded by way of formal proof hearing. Counsel acting for the defendant company had previously been granted leave to withdraw, and the company failed to appear. [2] The primary issue before the Court is whether, at the time Mr Yang’s engagement with...

6. BORA Hutt City Council (Graffiti Removal) Bill [pdf, 284 KB]

   ...unconnected to any law enforcement activities. CONSISTENCY WITH THE BILL OF RIGHTS ACT Freedom of expression 5. Section 14 of the Bill of Rights Act affirms the right to freedom of expression, which includes the freedom to seek, receive, and impart information and opinions of any kind and in any form. The right is as wide as human thought and imagination. [1] 6. Graffiti can be considered a form of expression and may fall under the protection of s 14 of the Bill of Rights Act. Remo...

7. CG v SG [2019] NZDT 1488 (2 April 2019) [pdf, 179 KB]

   ...some of the background is missing also. SG argued that the wave is the main object of the scene, and that this is reflected in the title “wave 02”. While I accept that the wave is the central focus of the image, the rest of the picture still forms part of the description or sample. The picture received did not correspond with that, and while I accept SG’s explanation that it would be technologically impossible to match it exactly, nevertheless that does not remove or override the o...

8. BB Ltd OD Ltd v ED Ltd [2019] NZDT 1532 (18 December 2019) [pdf, 93 KB]

   ...not release any MR2A’s or De- registration certificates to BC or OD Trading If BC does not make any outstanding payments to ED Compliance.” This email is not evidence of a lien since it related to another car dealer, not to TD, and only allowed forms or certificates to be withheld, not the vehicles themselves. 11. I therefore find that ED does not have a lien over the vehicle and is obliged to return the vehicle to OD. Referee: E Paton-Simpson Date: 18 December 2019...

9. CAA COVID-19 Alert Level 2 Protocol [pdf, 67 KB]

   ...appropriate to consider arranging the hearing the Authority will setup a telephone discussion. The parties, and the Authority will take part. The discussion will include, identifying what issues the Authority is to decide, the evidence and the form of hearing. Where it is necessary to hold a hearing with parties and witnesses in person, securing facilities for the hearing may take time. The Authority will usually consider approaches that make an in-person hearing unnecessary; or nec...

10. HX v NM [2022] NZDT 206 (25 November 2022) [pdf, 98 KB]

    ...was created as a result of a subdivision undertaken by HX. 2. NM purchased the newly subdivided site and engaged a construction company to build a new house. During the course of construction, HX alleges that heavy trucks caused damage in the form of cracks to the approximately 50-year old driveway. He also contends that water pipes were broken twice by NM’s contractors, leading to excessive water bills. 3. HX claims $5,612.95; being $1,550.00 for losses relating to high water bil...