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1. [2021] NZEnvC 024 Claydon v Far North District Council [pdf, 477 KB]

   ...considered on its merits. Is there an abatement notice under s 325 RMA? [19J There is a dispute as to whether FNDC's officer has issued an abatement notice and therefore whether there is a foundation for the appeal. [20] On a plain reading, the form used is intended to be an inspection notice form. It is titled "Inspection Notice" and has fields for the required information as set out in section 332(4) RMA. The notice also sets out that inspection was carried out pu...

2. Notes on appeals to the High Court [pdf, 157 KB]

   ...DECISION OF THE SOCIAL SECURITY APPEALS AUTHORITY Preliminary [1] The essential steps to start an appeal to the High Court against a decision of the Authority are: Notice of appeal [1.1] You must prepare a document called a notice of appeal. A form for this notice is attached. [1.2] You must file a notice of appeal with the Authority within 10 working days of the date of the Authority’s decision. [1.3] You must also “promptly deliver or post a copy of the lodged notice o...

3. LN v K Ltd & EU [2023] NZDT 136 (6 June 2023) [pdf, 183 KB]

   ...collision. 3. Both parties provided evidence including photos of the damage to the vehicle, the clarity of the day, GPS and time data of the truck’s travel on that day from Eroad, a witness report, several photos of the road and google maps information. 4. JO, a director of K Ltd, told the Tribunal EU was not reversing and referred to the onboard record of Eroad/GPS data as confirmation EU was not reversing. 5. DB, a passenger in the truck, told the Tribunal they were on their...

4. BR & SR v LD & BD [2023] NZDT 740 (4 December 2023) [pdf, 212 KB]

   ...for naturally occurring stresses are not really able to be compensated. 16. As a result of my findings both the claim and the counterclaim are dismissed. Referee: M Wilson Date: 4 December 2023 Page 4 of 4 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...

5. UU v UX [2019] NZDT 1547 (25 September 2019) [pdf, 153 KB]

   ...contract, only to recover damages. 9. Since the out-of-round wheel is probably not repairable, damages must be measured by the difference between the actual value of the wheels and the expected value of the wheels if the contract had been properly performed. 10. UX conceded that, even though this type of wheel is quite valuable and unique, there would be little or no market for a set of only three wheels. UU maintained that the tyres that came with the wheels were also worthless, an...

6. TJ v HH [2019] NZDT 1522 (11 July 2019) [pdf, 154 KB]

   ...Act 1988 provides that, with very limited exceptions that do not apply here, costs shall not be awarded against a party to any proceedings before a Tribunal. Referee: E Paton-Simpson Date: 11 July 2019 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. If you wish to apply for a rehearing, y...

7. M Ltd v SN & LL [2023] NZDT 742 (13 December 2023) [pdf, 204 KB]

   ...services provider of the mortgage finance. In this case, the applicant received a commission from the third party lender, not the respondents. CI0301_CIV_DCDT_Order Page 2 of 4 6. On 11 January 2022 the respondents signed a declaration form regarding the services the applicant was providing which stated: “I/We confirm that we have been provided with and have red and understood the Financial Adviser’s Disclosure Guide. I/We understand that the Financial Adviser’s Di...

8. QC v-DH Ltd & DN & MS [2021] NZDT 1601 (24 June 2021) [pdf, 176 KB]

   ...important is the meaning it conveys; the intention of the representor is irrelevant. The misrepresentation must have been made to the applicant. 6. The statement made by the respondent to the applicant was that the amount of time required to perform the raking and rolling services would be four hours for two workers. This time requirement represented was four times the actual time required to carry out the services. I am satisfied the representation of the required hours did contain a m...

9. Greer v Corrections (Strike-Out Application) [2020] NZHRRT 49 [pdf, 138 KB]

   ...REPRESENTATION: Mr A Greer in person for plaintiff Ms H Carrad and Mr J Watson for defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 21 December 2020 DECISION OF TRIBUNAL STRIKING OUT CLAIM1 [1] Mr Greer made an information privacy request to the Department of Corrections (Corrections) on 20 October 2014. Mr Greer is dissatisfied with the length of time taken to respond to the request and the withholding of information by Corrections. Correcti...

10. XC v UD [2023] NZDT 766 (8 December 2023) [pdf, 203 KB]

    ...evidence that it will take an estimated $7,000.00 to bring the vehicle into the condition represented by UD, thus being the difference in value. Referee: L. Mueller Date: 8 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...