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1. CL & NN v BT & B Ltd [2023] NZDT 200 (22 June 2023) [pdf, 209 KB]

   ...if there had been. BT explained that he is a builder of some 30 years experience. 9. CL and NN presented a short written statement from HI, the director of D Ltd, who they say is a specialist in retaining and piling work, though no supporting information was presented on his qualifications, experience and/or expertise. HI’s company was contracted to carry out repair work at the property. He writes, “upon removing the concrete pad and fully exposing the foundations it became apparent...

2. BP v G Ltd [2023] NZDT 38 (20 January 2023) [pdf, 203 KB]

   ...September. 7. BP was without his luggage for 8 days. 8. BP was booked to do a ‘hiking tour’ of the Amalfi Coast. The provider was FX, a [Country] based travel company. 9. BP submitted that upon arrival he was not given the necessary information about the first day of the hiking tour. This meant that he missed the first day of the tour. 10. BP is a photographer. One of the purposes of his trip was to take photographs, which he offers for sale in his website. BP’s camera...

3. HE v QZ [2023] NZDT 373 (4 May 2023) [pdf, 222 KB]

   ...to carry out; and/or; b. Even if there was no actual remedial work, HE spent $6,000- $7,000 more than he would have if QZ had not left the job. 36. However, HE faces the following difficulties in respect of those arguments: a. The only information provided about defective building work is the QC Ltd statement, quoted above, which was written in November 2020, well over a year after QZ left the site. There are no photographs or other evidence showing the allegedly defective work...

4. DX v STX & SCX [2023] NZDT 493 (2 October 2023) [pdf, 207 KB]

   ...headstone for her mother. She began making payments towards the second headstone, which was fully paid by 2022. 7. In December 2021, ON Ltd sold the business to SCX, STX’s niece. SCX operated the business as a sole trader. 8. DX was informed of the change of ownership, and she dealt with SCX after December 2021. 9. DX made several requests to view the completed headstones but was not given that opportunity. 10. DX did not see the headstones until 3 June 2023, the day bef...

5. MD v O Ltd [2021] NZDT 1347 (27 January 2021) [pdf, 197 KB]

   ...liable to the contracting party (s 256, CCLA). The contracting party is (relevantly) the consignor (sender of the goods) who enters a contract with the carrier (s 246, CCLA). 10. The general law of contract applies. 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...

6. LQ Ltd v JN & BN [2022] NZDT 2 (14 February 2022) [pdf, 224 KB]

   ...electrician’s account. 18. For these reasons, an order has been made that the sum of $189.03 is due. CI0301_CIV_DCDT_Order Page 4 of 5 Referee: J Robertshawe Date: 14 February 2022 Page 5 of 5 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...

7. QL Ltd v JM Ltd [2023] NZDT 397 (5 September 2023) [pdf, 203 KB]

   ...balance of probabilities that the damage he seeks insurance cover for was caused as a result of the break in on the 28 July 2022, then the application is dismissed. Referee: T Prowse Date: 5 September 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...

8. XG v BC LCRO 131 / 2011 (24 June 2013) [pdf, 63 KB]

   ...trust account rules is entitled to satisfy himself as to the standard of acceptable identification. The Committee compared this to the identity requirements for the Financial Transactions Reporting Act 1996 and for regular e- dealing with Land Information NZ. The complainant provided copies of his Driving Licence with the face and unique identifier obscured as well as providing photographs of himself with his hair over his face but with his identify confirmed by a JP. The Comm...

9. Te Manutukutuku Issue 14 [pdf, 2.6 MB]

   ...contentious land claims headed towards its final resolution with the passing of the Orakei Act 1991 late last year. The Act is very different from the 1978 legislation it replaces, reflecting the new environment for the settlement of Maori claims. The former legislation referred cautiously to an 'agreement' reached between the Crown and Maori, with regard to 'the public interest ... tlle interests of the hapu and the special relationship of the hapu with the land'....

10. L Ltd v B Ltd [2024] NZDT 86 (22 February 2024) [pdf, 139 KB]

    ...that she is entitled to any compensation for reasons which include the following: a. The terms and conditions of the contract between L Ltd and B Ltd for the provision of card payment services are contained in three documents; the application form signed by the customer (L Ltd), the B Ltd Merchant Services Terms and Conditions document, and the B Ltd Merchant Operating Guide. Part of the application form requires the customer to agree to the other two documents (as well as some others...