Search Results

1. LD v TP [2024] NZDT 368 (4 June 2024) [pdf, 236 KB]

   ...complete consultation fee including emails and phone calls with respect to the school visit on 12 February 2024. CI0301_CIV_DCDT_Order Page 2 of 4 De-cluttering 11. During the visit to the respondent’s home on 8 February 2024, the applicant formed the view that the respondent needed organisation assistance with “de-cluttering” and mentioned she had a friend B who could assist with this. 12. The respondent was interested and said she was happy to work with B and pay he...

2. PD v QB [2024] NZDT 573 (16 July 2024) [pdf, 233 KB]

   ...principle of caveat emptor or buyer beware. The general position is that the buyer must be responsible for his or her own purchasing decision. 9. If the buyer can establish that a misrepresentation was made in the process of the contract being formed, then the buyer can make a claim. Section 35 of the Contract and Commercial Law Act 2017 (CCLA) provides that when a buyer has been induced to enter a contract by a misrepresentation, whether innocent or fraudulent that person is entitled t...

3. DD v B Ltd [2024] NZDT 644 (5 November 2024) [pdf, 210 KB]

   ...and obligations of each party are determined by T&Cs of the contract. 7. In simple terms, DD and OE paid the airfare in order to travel on the flights operated by B Ltd. But in order fly they also had to comply with the T&C’s that form part of the agreement between them and B Ltd. CI0301_CIV_DCDT_Order Page 2 of 4 DD’s submissions 8. DD says the flight was due to depart at 4 pm on the 3rd of July 2024 and they arrived at the airport by 3 pm. At the security...

4. BV v U Ltd [2024] NZDT 677 (6 September 2024) [pdf, 124 KB]

   ...has anyone who might drive the vehicle had their driving licence suspended or cancelled, or had a special condition added to their licence? [3] The policy was renewed each subsequent year. At the beginning of each renewal period, the same renewal form was provided to BV. He did not alter the form, and the word “no” remained as his answer to the question stated above. On 3 November 2023, BV was involved in a crash while driving the vehicle, which was not economical to repair. He clai...

5. Osborne v Accident Compensation Corporation (Late filing to the District Court) [2024] NZACC 195 (27 November 2024) [pdf, 155 KB]

   ...application for review of the Corporation’s earlier decision of 21 December 2021 declining Ms Osborne weekly compensation. 2 [2] On 29 October 2024, Judge Henare issued an Initial Minute which directed that Ms Osborne, by 8 November 2024, formally apply for leave to file the appeal out of time and set out the reasons why the appeal was filed late. [3] On 14 November 2024, Mr Dixon-McIver, for Ms Osborne, accepted responsibility for the delay in submitting Ms Osborne’s app...

6. FO v SQ [2025] NZDT 19 (17 January 2025) [pdf, 128 KB]

   ...have to consider are: a. Was there a contract between the parties? b. If so, has it been breached by SQ? c. If so, what remedy is appropriate? Was there a contract between the parties? 6. The relevant law is contract law. A contract is formed when there is an agreement between the parties, or where there is a meeting of the minds between them. What was agreed is looked at objectively, which means by looking at what was said and done. 7. I find a contract was formed when...

7. O Ltd v CD & Ors [2024] NZDT 854 (18 October 2024) [pdf, 279 KB]

   ...TRIBUNAL [2024] NZDT 854 APPLICANT O Ltd RESPONDENT CD SECOND RESPONDENT H Ltd THIRD RESPONDENT NY Ltd The Tribunal orders: The claim is dismissed. Background 1. O Ltd had a contract with D Ltd to form a right- of-way across the [Holiday Park] to the beach. O Ltd carried out the work in 2022. 2. O Ltd’s claim alleges that when it was on site it also instructed to do additional work, outside of the scope of the D Ltd contract. O Ltd...

8. [2023] NZEnvC 123 MFC Development Limited Partnership [pdf, 341 KB]

   ...issue of costs. REASONS [1] By Memorandum dated 18 April 2023, four s 274 parties (collectively identified as the Civic Chambers apartment submitters (CCAS)) sought a preliminaty determination on two matters: (a) The adequacy or otherwise of information regarding a wastewater storage chamber on the site to which the consent application relates; and (b) whether the statutory notification requirements had been satisfactorily discharged by Wellington City Council (Council). [2]...

9. BORA Manukau City Council (Control of Street Prostitution) Bill [pdf, 417 KB]

   ...advice and agrees with the conclusions reached. Purpose of the Bill 5. The Bill provides for local control over street prostitution in Manukau City, by prohibiting soliciting and associated conduct in public places, in order to control various forms of social nuisance. The Bill follows a report of the Manukau City Council on street prostitution, which found that various forms of social nuisance were created by street soliciting in Manukau City.[1] The Bill makes it an offence to solici...

10. OD v TD [2023] NZDT 535 (25 October 2023) [pdf, 205 KB]

    ...year term of the tenancy. TD moved into the Property on or about 23 May 2022. 3. During early October 2022, OD told TD that she had decided to leave the Property to move in with her parents. On 6 October 2022, OD and TD signed a Change of Tenant form with the Property Manager which recorded that OD would leave the Property on 30 October 2022 and TD would become the tenant of the Property. The Bond Centre was advised of the change of tenant so that the Bond could be transferred into TD�...