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1. DM v QB Ltd [2023] NZDT 124 (9 June 2023).pdf [pdf, 184 KB]

   ...acceptable quality or fit for its particular purpose. However, in the absence of evidence to the contrary, I do accept the evidence in paragraph 7 that the new unit did not function as it should, and also that it was missing the facia panel, which formed an integral part of it, leaving a surrounding gap. So, even if the fault was one of installation rather than with the unit itself, on balance, where the unit was designed specifically for DM’s model of car, I find that given the missing...

2. SB v QD [2024] NZDT 91 (26 February 2024) [pdf, 95 KB]

   ...[Town] known as the [Gallery]. QD is an artist in the area who on occasion has placed items with the gallery for sale. QD also worked sometimes as a volunteer. QD’s painting [The painting]” was exhibited in the gallery. QD withdrew the painting form the gallery and took steps to sell it. SB became aware that the painting had been sold. He claimed that sales of QD’s work attracted a commission to him of one third of the sale price. The painting had been at his gallery for sale...

3. Principal Tenancy Adjudicator: Expression of interest [docx, 18 KB]

   [bookmark: _GoBack]PRINCIPAL TENANCY ADJUDICATOR Expression of Interest in Appointment 1. Please personally complete this form and the statutory declaration. 1. Please provide a full curriculum vitae with your application. 1. Your application will be acknowledged by letter or email. Surname/Family Name _____________________________________________________________ First Name(s) _______________________________________________________________________ Full Postal Address (the address to which...

4. NI v LNE Ltd [2020] NZDT 1316 (23 November 2020) [pdf, 117 KB]

   ...in evidence). In that case Lang J held that the IGC payments in that case could not be regarded as “outgoings” for the purposes the agreement for sale and purchase. That agreement (on the Auckland District Law Society & Real Estate Institute form) has the same provision as to “outgoings” in the SPA. I note in that case at the relevant time WXT’s IGC charging policy was the old policy where they charged the developer. Had Phoenix Holdings Trust and the other parties sought t...

5. UV v B Ltd [2023] NZDT 618 (28 November 2023) [pdf, 181 KB]

   ...this report was acknowledged by email with a claim reference number. I also gave weight to the evidence of her repeated efforts to communicate with the company, and that the subsequent communication after the claim was acknowledged related largely to form and legibility. 9. In relation to the condition of the stroller, on balance, I accept UW’s evidence that the stroller was in very good condition when it was checked in. I say this for reasons which include: a. There was no suppo...

6. QM v QU Ltd [2021] NZDT 1673 (11 October 2021) [pdf, 117 KB]

   ...prepared to refund the purchase price, minus $20% restocking fee, under QU’s “Change of Mind Policy”. 8. QM claims a refund of the $1,699.00 purchase price and the $12.08 delivery charge. 9. Note: The value of the claim on the claim form was stated as $10.00. LX, QU’s representative at the hearing, understood that was a mistake and agreed that the claim amount be increased to $1,711.08 and to continue with the hearing. Issues 10. The issues for the Tribunal to dete...

7. SI v NI & DI [2022] NZDT 218 (29 November 2022) [pdf, 104 KB]

   ...for consumers provided by legislation like the Consumer Guarantees act do not apply. 9. The law relevant to this claim is the general law of contract and the provisions Contractual 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, as t...

8. Memorandum of Counsel for Wellington Internatioanl Airport (dated 31 October 2018) [pdf, 128 KB]

   ...International Airport Limited (WIAL) in response to the Nineteenth Minute of the Environment Court dated 20 April 2018 and in particular the direction that WIAL file monthly progress reports. 2. Since the September report, WIAL has provided additional information to the CAA in the form of a consolidated RESA proposal as requested by CAA that incorporates all information provided by WIAL since its proposal was provided to the CAA in April. 3. A letter from the CAA is attached as...

9. Keith Vernon 215 [pdf, 72 KB]

   K Vernon, s274 Notice, Party to Proceedings Page 1 of 2 Form 33 Notice of person's wish to be party to proceedings Section 274, Resource Management Act 1991 To: The Registrar Environment Court Specialist Courts and Tribunals Centre Level 2, 41 Federal Street Auckland 1010 PO Box 7174, Wellesley St., Auckland 1141 1. I, K Vernon, wish to be a party to the following proceedings: Auckland Council, Proposed combined Auckland (Unitary) Plan, Appeal...

10. [2021] NZEnvC 128 Boyd v Queenstown Lakes District Council [pdf, 240 KB]

    ...Clutha _______________________________________________________________ 2 A: Any s274 party who intends to call evidence and/or make submissions on the matters raised in their s274 notice must file and serve that evidence (in affidavit form) and any submissions within 15 working days of the date of this decision. B: The appellants and QLDC must file and serve any affidavit(s) in reply and submissions within 25 working days of the date of this decision. C: QLDC is to conf...