Search Results

1. DI v C Ltd [2024] NZDT 114 (10 April 2024) [pdf, 232 KB]

   ...rent the property was refused when he was advised the property was no longer available. 8. He claims he is entitled to a full refund along with interest and filing fees amount to $6873.04. Issues 9. After hearing from the parties, I formed the view that this dispute hinges on two possibilities. First scenario is that DI has accidentally booked the property without realising it. Secondly, there was an error with C Ltd’s online booking system. CI0301_CIV_DCDT_Order...

2. AB v CD Ltd [2022] NZDT 87 (23 June 2022) [pdf, 109 KB]

   ...report carried out with reasonable care and skill and was it fit for purpose? c. Is AB entitled to $20,000 as claimed, or to any other sum? What was the agreed scope of the building report? 7. Under contract law, 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, and what was agreed is looked at objectively, i.e., by looking a...

3. E5 Gordon Moller - Architect - EIC - Applicant [PDF, 1 MB]

   ...philosophy for the proposed syndicate bases is based on a maritime village environment, respecting and reusing key elements of the existing waterfront infrastructure, and developing a coordinated and coherent approach to a collection of building forms, materiality, texture, colour and lighting. The six new temporary base buildings comprise five located on Wynyard Point and one on an extended Hobson Wharf structure. 6. VIADUCT EVENTS CENTRE The key architectural ‘Parti’ (or i...

4. MZ v X Ltd [2023] NZDT 511 (16 October 2023) [pdf, 213 KB]

   ...be used, in the sum of $2,828.00. 3. The issues to be determined were as follows: a. Has X Ltd breached its contract with MZ, or has it breached either or both the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 in respect of the form for self service purchases for flight bookings requesting “first name, last name”, in respect of cultures that put family or surnames first, and given or individual names last? b. Did X Ltd breach the guarantee that services are to be...

5. BORA Crimes (Reasonable Parental Control and Correction) Amendment Bill [pdf, 140 KB]

   ...subjected to torture or other cruel, inhuman or degrading treatment or punishment. This is complemented and extended by Article 19, which requires States to take all appropriate measures, including legislative action, to protect children from all forms of violence while in the care of parents, guardians or any other person. 9. The CRC has consistently recommended that States prohibit all forms of corporal punishment, in the family and in other settings. Prior to the repeal of s 59 of...

6. KQ & WQ v EN & MN [2021] NZDT 1439 (27 April 2021) [pdf, 161 KB]

   ...CI0301_CIV_DCDT_Order Page 2 of 6 d) If not, should KQ and WQ be entitled to relief under s 18(6) of the DTA? Are KQ and WQ entitled to a refund for the arborist works under the contract? 7. 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...

7. K Ltd v SK & TK [2023] NZDT 651 (10 November 2023) [pdf, 235 KB]

   ...the terms of the contract? 4. A contract is an agreement that the parties intend to be legally bound by. It involves an exchange of promises and becomes binding when the parties agree on clear and certain terms. 5. I find that the contract was formed when SK and TK accepted the proposal for the [redacted] pool on 1 September 2022 and SK signed the Swimming Pool Installation Agreement. This stated that the estimated time for completion from commencement of excavation would be 2 - 3 we...

8. Shihaku v Mizoguchi [2017] NZIACDT 7 (19 June 2017) [pdf, 172 KB]

   ...deal with the complaint against Mr Mizoguchi. [3] The Tribunal must consider the merits of the contentions, and determine whether it has misconducted itself, and if so, the consequences of that. This application [4] This application is in the form of a memorandum, the central elements appear to be claims that the Tribunal has engaged in misconduct by: [4.1] acting “as prosecutor and judge”, hence acting in a biased manner; and [4.2] failing to give notice of the subject of q...

9. Glenshee Station Limited - EiC - M E Hore (4 Feb 2021) [pdf, 4.4 MB]

   ...available technology to improve our water use. 14. One of the first things we need to do was to formalise a working group for permit holders in the Kyeburn so that we could work together to manage water. And so the Kyeburn Catchment Group was formed. 15. Forming catchment groups is not easy. The history of water rights is one of fixed priorities and competition for water. The old mining privilege regime did not encourage or expect co-operation. We had to find a way to overc...

10. ORC outline conditions for surface water takes [pdf, 176 KB]

    ...land legally described above for [state purpose e.g. potable/irrigation and irrigation area (if irrigation water) or number of people (if potable water) water to [state type of activity] must be carried out in accordance with the plans and all information submitted with the application, detailed below, and all referenced by the Consent Authority as consent number [insert consent reference number/s]. a) Application form, and assessment of environmental effects dated [date]. b) [list pl...