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1. M Ltd v G Ltd [2024] NZDT 704 (27 August 2024) [pdf, 179 KB]

   ...usual understanding of a ‘full and final settlement’ and would not meet the requirements of ‘accord and satisfaction’ that there be consideration on both sides of a settlement agreement. Therefore, there would have been no binding settlement formed if that meaning was accepted. 10. The wording ‘full and final settlement’ could simply be read at face value, which would mean no further claims could be brought by either party in relation to the truck-build. However, given M Lt...

2. Breaking the inter-generational cycle of family violence and sexual violence [pdf, 8.4 MB]

   ...approach that will be led by a dedicated agent within central government. Executive Summary 2 Family violence and sexual violence can be prevented, yet 1 in 7 children grow up in violent homes, and 1 in 3 girls and up to 1 in 7 boys are subject to a form of sexual abuse by the time they reach 16. Exposure to this type of violence has lifelong impacts on child and youth wellbeing: they are three times more likely to attempt suicide, make up almost 80% of youth offenders, and are less l...

3. MS Ltd v CD [2023] NZDT 133 (11 May 2023) [pdf, 141 KB]

   ...Conclusion 15. As MS Ltd has proven it is entitled to be compensated for the total amount of $4,051.35 an order is made for that sum. Referee: K Cowie DTR Date: 11 May 2023 CI0301_CIV_DCDT_Order 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 a rehe...

4. KK v Q Ltd [2023] NZDT 258 (29 May 2023) [pdf, 182 KB]

   ...concluded. I was unable to have a discussion with the parties to see whether the claim could be resolved by agreement, but given that the hearing had already lasted nearly 2 hours, I decided not to adjourn the hearing but rather to make a decision on the information that had been presented while KK was on the call. Is Q Ltd liable for any damage to the meat while it was being sent? 4. I am unable to make a finding that Q Ltd are liable for the damage to the meat because the contract...

5. CC & TC v BE & NE [2023] NZDT 524 (18 October 2023) [pdf, 199 KB]

   ...hearing was adjourned to give CC & TC an opportunity to provide evidence detailing the issue with the pool. They have not done this, and I advised that it would not be appropriate to adjourn the hearing again. Balancing their right to provide information and be heard against BE & NE’s right for proceedings to be resolved in a timely manner, I find it would be unjust to grant a further adjournment as CC & TC have had adequate opportunity to provide information but have not tak...

6. UN v CD Ltd & CD [2023] NZDT 663 (16 October 2023) [pdf, 112 KB]

   ...6. However, CD gave evidence that the existing pipes were not on the Council’s GIS when the plans were first drawn up. He said that a camera sent down could only take photos of the pipes but could not provide enough conclusive evidence or information to prove whether or not the pipes would meet Council’s current standards in order to have the resource consent approved. CD said that regardless of whether he thought the pipes were in good condition or not, he could not prove that t

7. TX v BT [2023] NZDT 401 (7 July 2023). [pdf, 211 KB]

   ...However, as the Tribunal’s jurisdiction is limited to $30,000.00, I find that this is the amount that the respondent should pay the applicant. Referee: K. Armstrong Date: 7 July 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 a reh...

8. EX v QU [2023] NZDT 457 (18 August 2023) [pdf, 100 KB]

   ...lawn or the cracking of the concrete. 23. I find that the parties cannot claim costs against each other. Referee: Verdun Tawhara Date: 18th day of August 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 a...

9. TM v B Ltd [2024] NZDT 142 (11 April 2024) [pdf, 104 KB]

   ...problem, they began asking agents to provide customers with questions and specifically to ask them if the property is “stacked” or not. 15. SH said insurance companies do not look up house sales online to check the property and rely on the information provided them. He said that the problem became apparent when W realised it needed to ask the question to get that information. 16. Because the only evidence provided to prove TM’s claim is basically his opinion, and because SH p...

10. TT v UN [2023] NZDT 439 (21 September 2023) [pdf, 160 KB]

    ...the hearing are not able to be awarded by the Tribunal, except in particular circumstances which do not apply here. The counter-claim is therefore dismissed. Referee Perfect Date: 21 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 a r...