Search Results

1. DU v BT [2024] NZDT 764 (17 September 2024) [pdf, 192 KB]

   ...the joint account was closed, payments went to BT’s account. He claims reimbursement of $5,381.20. BT says the payments stopped in 2023. 17. There are several reasons why the claim is declined. First, it appears there may have been an informal offset against school fees (also covered by the 2014 agreement). Secondly, there are circumstances where the duty to mitigate loss can apply to the recovery of a debt (for example, in the residential tenancy context Huang v Ashworth [2...

2. SX v J Ltd [2024] NZDT 788 (16 September 2024) [pdf, 190 KB]

   ...overheated and J Ltd and its reports are wrong when they say he had a pre-existing overheating problem. SX explained in great detail his long history as a long haul truck and trailer driver. He explained the processes he follows to check and monitor the performance of his truck and he explained a similar checking and monitoring process for his ute. 5. He states on the day of the accident he had worked a 13 hour day and had a very heavy load on his ute and this was the first time he wa...

3. BX v QD & Ors [2024] NZDT 792 (29 November 2024) [pdf, 237 KB]

   ...would have seen the warning signs of the issues that have been found. 12. The final witness was Mr UX. UX stated he had been working on the property next door and noted what appeared to be a leak in the deck. He did not however approach the former occupant of the house. 13. The vendors were QD, KD, FC and BN Ltd, as trustees of the C Family Trust. The house however had been occupied by QD’s 94 year father, FC Snr. Mr FC Snr had been a sole trustee when the house was purchase...

4. ENVC Hearing 27Jul15 DM suppl evidence Bridget Gilbert [pdf, 186 KB]

   ...disturbing both the legibility of the gateway experience from the ferry and the existing pleasing and simple geometry or symmetry of the bay, that sees the transport hub in the centre of the bay flanked and framed by a relatively diffuse and informal arrangement of boats on swing moorings. 13. I agree with Mr Pryor that the parking deck element will read as an 2 Pryor Supplementary paragraph 10 3 extension of the existing wha...

5. Nightingale v CAC10055 & Lee, Godfrey & Barfoot & Thompson Ltd [2012] NZREADT 55 [pdf, 67 KB]

   ...complainant’s property in Dairy Flat, Auckland and Mr Nightingale believed the agency had no right to deduct a commission for that sale”. The Committee gave its reason for deciding to take no further action on the complaint as that “On the information provided it is clear that the complaints relate to matters that have been extensively and conclusively dealt with by the New Zealand courts. The Committee believes that those avenues have exhausted the matter”. Facts [5] Th...

6. M Ltd v KC [2023] NZDT 26 (2 February 2023) [pdf, 145 KB]

   ...the Tribunal has the onus of proving his or her claim/counterclaim on the civil standard of proof which is the balance of probabilities (that is, that it is more likely than not). I would like to reassure the parties that I have considered all the information and evidence presented by them when making my determination on the issues, but this order only refers to essential evidence and information material to the issues and is not intended to be a full record of the hearings or of the infor...

7. Director of Proceedings v Rolston [2021] NZHRRT 35 [pdf, 449 KB]

   ...Rights) Regulations 1996 (“the Code”) in respect of: (i) Right 4(2) by failing to provide services to the aggrieved person that complied with legal, professional, ethical, and other relevant standards; and (ii) Right 6(1) by failing to provide information to the aggrieved person that a reasonable consumer, in the aggrieved person’s circumstances, would expect to receive; (iii) Right 7(1) by failing to obtain the aggrieved person’s informed consent prior to the provision of s...

8. [2024] NZEnvC 080 Digital Signs Limited v Auckland Council [pdf, 282 KB]

   ...side closest to the motorway; (b) to apply long-life decals of a photo-real image of Pōhutukawa trees on the exterior of the domes; and (c) to fit two LED displays on the side of each dome visible from the motorway. [6] The documents forming the application for a building consent which have been put before the Court clearly show the domes being additional structures located on the roof of the existing building. They show the flattened sides of the domes facing 3 toward...

9. Executive summary of the evaluation of community youth programmes [pdf, 1.6 MB]

   ...independent team evaluated these programmes from 2003 to 2006. Although all programmes aimed to reduce youth offending by using a case management model, the providers delivered quite different programmes. Originally, all evaluations were to include formative, process and outcome evaluation phases. However, not all the phases were completed, for several reasons, including: the funding of two programmes being withdrawn part-way through their evaluations; programme staff changes; a l...

10. Succession Factsheet [pdf, 355 KB]

    SUCCESSION Te Kooti Whenua Māori – Māori Land Court For more information, go to maorilandcourt.govt.nz Te Kooti Whenua Māori – Māori Land Court (MLC) is the New Zealand Court that hears matters relating to Māori land. The unique relationship between Māori and whenua is recognised by the MLC and the records held by the Court form an invaluable part of the whakapapa of all Māori people. The MLC operates under the provisions of Te Ture Whenua Māori Act 1993 (‘the Act’). De...