Search Results

1. HI, UI, LN and BJ Ltd v QD Ltd DU and HS Ltd [2021] NZDT 1660 (25 October 2021) [pdf, 244 KB]

   ...as occurring as the property was always intended to be owned by BJ and the purchase in the Trust’s name was in error. I am satisfied BJ has standing as an applicant given it was named as such in the “statement of claim” filed with the claim form in the Tribunal and to the extent necessary the order above confirms that to be the case. CI0301_CIV_DCDT_Order Page 2 of 6 3. The Applicants say subsequently when the property was prepared for sale in September 2019 it was discover...

2. Auckland Standards Committee 2 v Burcher [2020] NZLCDT 18 (30 June 2020) [pdf, 145 KB]

   ...afforded to such conduct.”4 (emphasis ours) [11] In referring to particulars nine, six, seven and eight, His Honour referred to Mr Burcher having “clearly crossed the bright line …”.5 [12] Paragraph [101] is quoted in full because it has formed the basis for submissions from both counsel, the beginning and end of the paragraph being relied upon by Mr Hodge and the comments in the middle concerning how Mr Burcher might have avoided difficulties, were relied upon by Mr Jones Q...

3. Factsheet: The number of people impacted by family violence over time [pdf, 178 KB]

   ...offences are flagged by Police. Evidence suggests that the number of people impacted by family violence offending has been declining over the long-term. However, there is little evidence on whether this offending is being substituted with other forms of coercive and controlling behaviour. Statistical significance describes our confidence that the difference between two survey estimates is real. Differences that are not statistically significant could be driven by who happened to...

4. [2024] NZEnvC 255 Friends of Nelson Haven v Marlborough District Council [pdf, 551 KB]

   ...requested amendment could not legally be part of a submission on a proposed plan. [14] MDC also addresses the procedural importance of substantive compliance with the requirement (in cl 6(5) Sch 1 RMA) that a submission be in the prescribed form. That is particularly given the reliance that the local authority and potential further submitters place on the submission. Minister and the Fishing Industry Parties [15] These parties support MDC’s position on scope and the thrust of...

5. MC & TC v B Ltd [2023] NZDT 531 (27 September 2023) [pdf, 253 KB]

   ...not a breach of a substantial character. Duration of the introductory ride 36. As noted above the other issue raised in MC and TC’s claim is the duration of the introductory ride. 37. The description of the trek on B Ltd’s website formed part of the contract terms that MC and TC accepted by making a booking and paying the deposit. The website states that the five-day trek begins with a two-and-a-half-hour introductory ride. 38. It is not disputed that in this instanc...

6. Director of Proceedings v Pasifika Integrated Healthcare Ltd [2015] NZHRRT 25 [pdf, 177 KB]

   ...staff were to complete NZQA Level 3 and 4 certificates in the Care of the Older Person. The defendant had not undertaken any disability services focussed training and did not have an NZQA qualification. According to Mr F’s Worker Competency Form, Mr F had “7 years [e]xperience in care of disability. On the job training, orientation & supervision by experience[d] [service co-ordinator].” The defendant’s policies 17. The defendant’s policy “Support Worker Taking Se...

7. Recording Industry Association of New Zealand v TCLE-A-T6054929 [2013] NZCOP 4 [pdf, 44 KB]

   ...Tribunal, in relation to an infringement notice, it is presumed— (a) that each incidence of file sharing identified in the notice constituted an infringement of the rights owner's copyright in the work identified; and (b) that the information recorded in the infringement notice is correct; and (c) that the infringement notice was issued in accordance with this Act. (2) An account holder may submit evidence that, or give reasons why, any 1 or more of the presumptions...

8. ND v EN [2022] NZDT 263 (13 December 2022) [pdf, 149 KB]

   ...to enter into the contract. 10. The buyer’s position is that at the Open Home, they asked if there were any leaks or any known defects. They say the response was there were none. They say this reflected the real estate agent’s disclosure form which did not identify any leaks in the roof or elsewhere. In summary, they say this representation was false, intentional and that they relied on it, as it affected the sale and the price offered. In support, they point to the change in the...

9. MD & ND v D Ltd [2024] NZDT 626 (19 July 2024) [pdf, 232 KB]

   ...hours’ photo shoot, $200 for transport and a fee of $250 for rescheduling? CI0301_CIV_DCDT_Order Page 2 of 6 Are MD and ND entitled to payment of $65 for dinner and a refund/credit of $100 for Day 1 transport? 6. A contract, once formed, is legally binding on the parties to the contract. Each party has a duty to fulfil the contract terms as agreed and they are entitled to expect that the terms of the contract will be honoured by the other party. ‘Contra proferentem�...

10. [2025] NZIACDT 01 – ZJ v Liu (13 January 2025) [pdf, 158 KB]

    ...employers needing workers for recovery work following floods. Mr Liu replied quoting a fee of $800 for each application. [6] Mr Liu then provided the agent with a link to a questionnaire and requested that each applicant fill in their personal information. The complainant completed the questionnaire on 5 March 2023. [7] RM, an associate of the agent, provided a file of supporting documents concerning the complainant to Mr Liu on 6 March 2023. This included a form required by...