Search Results

1. SW v L Ltd [2023] NZDT 93 (20 March 2023) [pdf, 246 KB]

   ...home. 11. [Motor Company] diagnosed a faulty coil. SW rang L Ltd the next day and asked them to fix it for her. L Ltd offered to supply the coil free for her to have fitted at her cost, to return the car to their yard or to pay her $150. She informed L Ltd the estimate for fitting and supplying the coil was $300 - $450. It told her to find someone cheaper. 12. The car continued to ‘run rough’ and she emailed Ltd on 26 and 28 November to ask for help. SW had the car AA check...

2. NT v BP Ltd [2022] NZDT 5 (17 January 2022) [pdf, 181 KB]

   ...“unit” is defined as the whole pallet (s247(1)(c)(i)). 10. The liability of the respondent is therefore limited in this case to $2,000.00. Referee: J Robertshawe Date: 17 January 2022 Page 3 of 3 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...

3. NT v J Ltd [2023] NZDT 489 (26 September 2023) [pdf, 183 KB]

   ...require a meal, and a warmer top, while waiting in [Town 2] for the next bus, and given the delay to rest at the backpacker, rather than at the bus station; and c. I also accept that her stress was aggravated by the 4 month delay in responding to her formal complaint. 10. I accept that the company has paid $170.00 in good will, but I do not accept the company’s position is that it has effectively provided $241.00 in compensation, being the replacement bus trip valued at $79.00 pro...

4. Waitangi Tribunal COVID-19 Protection Framework protocol (31 January 2022) [pdf, 121 KB]

   ...technology or by a combination of both, as determined by the Presiding Officer and Tribunal panel in consultation with claimants and counsel. 7. Remote hearings will be conducted using telephone conferencing, audio-visual link (AVL) or another form of videoconferencing, such as Zoom. Hearings in Red level 8. Tribunal hearings at a location in Red level will be conducted using remote technology. This will also apply to all other Tribunal-run events, such as judicial conferences and m...

5. TTPPR-4 Request to appear remotely in hearing or stay of civil proceeding [pdf, 491 KB]

   Form 4 r 10 Request to appear remotely in hearing of defendant’s application for stay of civil proceeding SECTIONS 8(1)(A) AND 23(4)(C), TRANS-TASMAN PROCEEDINGS ACT 2010 (NZ) [Insert heading] TO THE REGISTRAR OF THE [New Zealand commencement court or tribunal] 1. The defendant requests under section 23(4) of the Trans-Tasman Proceedings Act 2010 (NZ) (the Act) that the appear r...

6. TC & UD v D Ltd [2023] NZDT 406 (15 September 2023) [pdf, 188 KB]

   ...However, this quotation appeared to be excessive and was not sufficiently itemised. I directed that a more detailed quote was to be provided. While it has slightly more detail, the second quotation, for $10,879.41, does not contain sufficient line information to gauge whether it is correct or accurate, and it remains excessive. 16. The hallway area is approximately 29 m², but the quotation is for 77 m² of wall area, 21 m² of ceiling and 12 doors. D Ltd is not liable to repaint...

7. BD v C Ltd [2024] NZDT 63 (14 February 2024) [pdf, 120 KB]

   ...of guarantee. This is because she has acknowledged she had been willing to bid up to $1,100,000.00 at auction before C Ltd’s inspection, and based on their inspection and report, lowered her maximum bid to $950,000.00. 16. BD provided no information about other significant costs that the report highlighted which would account for such a difference. I have to infer that it was the extent of risk that the report clearly highlighted, that caused such a large reduction in BD’s maxim...

8. KH v XS [2019] NZDT 1393 (20 August 2019) [pdf, 208 KB]

   ...degree to which the door was open. 11. As there is a competing recollection of when and how the door was open at the time of the impact, I am unable to make a finding about whether XS was exiting his car or turning back in to the car. If it was the former, then the starting point was that XS was liable, but for any contribution for driving too close. If it was the latter, then it is possible that KH would be liable, because the incident might only have occurred by her failing to see a...

9. NI v CT [2020] NZDT 1382 (14 May 2020) [pdf, 206 KB]

   ...reasonable farmer? b. If not, is the loss by NI a foreseeable loss? CI0301_CIV_DCDT_Order Page 2 of 4 Has FM Limited acted with a standard of care expected of a reasonable farmer? 4. The relevant law is section 5 of the Animals Law Reform Act 1989 and the law of negligence. When determining negligence, the Tribunal must consider the standard of care expected of a reasonable farmer in the company’s position, the common practice in the locality in relation to fencing...

10. 20240514-Oranga-Tamariki-Repeal-of-Section-7AA-Amendment-Bill [pdf, 181 KB]

    ...children and young people, and the whanaungatanga responsibilities of their whānau, hapū and iwi; c. Seek to develop strategic partnerships with iwi and Māori organisations; d. Consider and respond to invitations from Māori organisations to form partnerships; and e. Report on measures taken to carry out these duties, including the impact of measures on improving outcomes for Māori children and young persons who come to the attention of Oranga Tamariki, and steps to be t...