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1. BO v NC Ltd [2024] NZDT 13 (30 January 2024) [pdf, 219 KB]

   ...this feature was available. However, although programmed, this feature did not work, and the car would not heat up when it was programmed to. The respondent said that this was because the software was not available, but it did not know this until informed by [car maker] in New Zealand who then began to work on a solution. Eventually the solution, in the form of a software update was made available, and the feature began to work. However, the applicant told the Tribunal that this was a year...

2. EQ & LN v SU & BU [2024] NZDT 361 (14 March 2024) [pdf, 233 KB]

   ...the waste. Was there an agreement that any or all of the plants could be removed? 16. A contract is a legal agreement between two parties, and the terms of the contract are what each party has agreed to do under the contract. A contract is formed when there is an agreement between the parties, or where there is a meeting of the minds between them. What was agreed is looked at objectively, which means by looking at what was said and done. 17. SU said he spoke to EQ about remov...

3. [2024] NZEnvC 259 Williams v Nelson City Council [pdf, 232 KB]

   ...permitted height of 1.8 metres. The hedge must be pruned to comply with the relevant rule, or a resource consent must be sought to authorise the non- compliance. [6] In those and other respects, the abatement notice accords with relevant RMA form and content requirements.1 [7] Under the RMA, any person served with an abatement notice has a right of appeal within 15 working days of service of the notice on that person.2 Treating the date of issue as the date of service would mean...

4. Q Ltd v U Ltd [2024] NZDT 454 (2 July 2024) [pdf, 212 KB]

   ...one party to another party; the other party has accepted those terms; there is consideration (an exchange of values); and the parties intend to create a legal relationship. A contract can be written or oral; formal or informal. Once a contract is formed, the parties are bound by the terms they have agreed to, and any implied terms, and those terms are enforceable by one party against the other. The general rule under the law of contract is that a supplier ought to be paid for services rend...

5. ML Ltd & PQ v ST & NT [2024] NZDT 534 (1 October 2024) [pdf, 239 KB]

   ...law of contract apply to this dispute. 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. The terms of a contract are formed at the beginning, not at the end. A contract can be in writing, oral or a mixture of both. Variations to agreements can be made in the same manner. Subsequent actions, of the parties, can show that parties confirm their intention to be bo...

6. BE v D Ltd & DO Ltd [2024] NZDT 230 (25 March 2024) [pdf, 212 KB]

   ...Consumer Guarantees Act 1993 (“CGA”) by failing to provide services with reasonable care and skill; and breached the Fair Trading Act 1986 (“FTA”) by engaging in misleading and deceptive conduct through unfair trading practices. 3. The claim form records BE’s claim as $29,428.00, however this sum was amended to $29,427.00. BE further amended components of his claim in September 2023 to show this sum is made up of: a. $12,000.00, for BE’s time dealing with breach of the co...

7. Wall - Kararaina Akuhata Wall Whanau Trust (2004) 178 Napier MB 191 (178 NA 191) [pdf, 1.8 MB]

   ...Submissions in support of the termination application 6. Counsel for Neri Wall and Nopera Wall filed submissions dated 23 November 2003 in support of the termination application. Those submissions are summarised as follows: (i) The Whanau Trust was formed without the consent of all the whanau ; (ii) The trustees will not report to the beneficiaries; (iii) The trustees have not provided written financial reports; (iv) The original owner of the land Kararaina Akuhata Wall may have bee...

8. Judicial Appointments Protocol 2019 [pdf, 164 KB]

   ...according to the law, and which will be aware of, and sensitive to, the broad dimensions of our society. Recognising the importance of this task and the public interest in the appointments processes, the procedures for judicial appointments have been formalised. The guiding principles for the procedures are as follows: (i) Clear and publicly identified processes for selection and appointment; (ii) Clear and publicly identified criteria against which persons considered are assessed;...

9. IE v X Ltd [2024] NZDT 587 (12 August 2024) [pdf, 262 KB]

   ...appointed counsel, Mr M, for NE. Mr M reported to the Court on 27 March 2018. He sought to obtain financial records from IE but at that stage IE told him that they would not be provided. Mr M then requested the Court to order IE to provide that information. It then transpired that IE had not kept adequate records. He has submitted in these proceedings that he was advised by X Ltd that he need not keep records of his expenditure. By not keeping records, he states that he was u...

10. K Ltd v UD [2024] NZDT 568 (15 July 2024) [pdf, 248 KB]

    ...“Equipment Add-Ons” the contract states “Please tick to confirm your desired pool equipment upgrades”. One of the upgrade options listed and ticked in UD’s contract is: LED POOL LIGHT – includes 1 multi coloured LED light with transformer $850.00 NOTE we recommend 2 lights in pools 8m or larger. 10. It is not disputed that 2 LED lights were supplied by K Ltd to UD. K Ltd says the lights were overlooked when UD was invoiced and she was not charged. 1 Which was done o...