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1. [2018] NZSSAA 30 (15 June 2018) [pdf, 134 KB]

   ...65. On 24 August 2012, the Ministry wrote to the appellant advising him that he was required to test his entitlement to a benefit or pension from the United Kingdom. The appellant subsequently confirmed that he had sent completed application forms direct to the United Kingdom Pension Service (UKPS). The Ministry asked the appellant to notify it of the decision. [3] It appears that the Ministry did not follow up on the appellant’s application for a United Kingdom pension u...

2. Screen Industry Workers Bill [pdf, 180 KB]

   ...Consistency of the Bill with the Bill of Rights Act Section 14 – Freedom of Expression 8. Clause 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 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 9. There are broadly three ways in which the Bill engages the r...

3. ND v EI and others [2023] NZDT 241 (11 April 2023) [pdf, 200 KB]

   ...Has there been a breach of clause 7.3(1) of the agreement regarding: i. the oven; and ii. the heated towel rail? c. Is ND entitled to $1,225.00 as claimed, or to any other sum? What terms were agreed? 7. Under contract law, a contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end, and what was agreed is looked at objectively, i.e., by looking at w...

4. IS & JS v KC [2021] NZDT 1308 (9 April 2021) [pdf, 219 KB]

   ...could sell their licence when they wished to approved recipients. The Cs charged a small fee each year (which has increased over the years to approximately $2,000.00 per bach) to help them cover rates. The bach owners (of which there are 10) also formed a group to set rules between themselves about use and development of the baches. 4. The Ss purchased a Licence for one of the baches in June 1998 for $30,000.00. The arrangements worked well for the Ss, and other bach owners. Years...

5. L Ltd v N Ltd [2022] NZDT 247 (30 November 2022) [pdf, 236 KB]

   ...hearing took place by phone on 9 November 2022. [L Ltd.’s representative] represented L Ltd. [N Ltd.’s representative] represented N LTD. Findings 15. The relevant law is the law of contract. 16. The issues are: a) Was a contract formed? b) If so, is N Ltd in breach? c) If so, what damages is L Ltd entitled to? Was a contract formed? 17. Formation of a binding contract requires: a) Agreement between the parties on terms that are complete and certain...

6. NI & SL Ltd v AI [2024] NZDT 334 (18 April 2024) [pdf, 142 KB]

   ...and AI. NI also acknowledged and I accept that she signed as guarantor and that she would be personally liable under clause 18(1) for any breach causing loss to vendor. What were the terms of the agreement? 8. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end. What was agreed is looked at objectively, i.e. by looking at what...

7. TK v BD & TT Ltd [2024] NZDT 530 (22 July 2024) [pdf, 215 KB]

   ...is not proven. Is BD entitled to $1,200.00 for a days’ lost work? 23. BD says TK cancelled the last appointment but he didn’t reschedule after that and sent the 10 January email to BD. 24. The terms of the contract are in the consent form signed by TK and the General information which was provided to TK. The General Information says the $200.00 deposit is non-refundable and two weeks’ notice is required to move an appointment and it two weeks is not given the deposit will...

8. MQ v CS [2024] NZDT 566 (29 July 2024) [pdf, 214 KB]

   ...care and skill”1. 7. This obligation extends to all parts of the job – not just the “hands on tools” work, but quoting, and communicating with the customer. 8. If a person gives a quote or estimate for a job, the price that they give forms part of the terms of the contract. 9. A quote is a fixed price. An estimate is an approximation. The extent to which a person can be held to an estimate depends on the circumstances. Sometimes an estimate is close to a quote – it is...

9. UC Ltd v BD Ltd [2024] NZDT 553 (9 July 2024) [pdf, 267 KB]

   ...put in and maybe they put some in and not all of it. BD says: 19. The photographs UC Ltd supplied on 20 May of the different sections of concrete shows a less significant difference in colour than the photographs they supplied with the claim form. 20. UC Ltd comment about the colour of council footpath (being darker) but the footpath colour is also significantly darker than the TU concrete. 21. The photograph of the footpath looks very dirty and looks quite old so making th...

10. JL v P Ltd & SX [2024] NZDT 685 (27 August 2024) [pdf, 203 KB]

    ...and that they worked as a team. Furthermore, she says she had emails from both QV and SX using the signature block Company P Limited, and that the invoices had the name Company P. 11. However, on balance I find that by the time the contract was formed in February 2022, Company P was no longer being operated by the company Company P Limited. I say this as I accept the evidence from QV, the Director of Company P Limited supported by the agreement for sale and purchase of a business date...