Search Results

1. BN & UG v EI [2023] NZDT 234 (22 May 2023) [pdf, 176 KB]

   ...the same mistake; and where each party was influenced in their decisions to enter into the contract by a different mistake about the same matter of fact. Further, for s24 of the CCLA to apply, the mistake must have occurred before the contract was formed and there must have been a substantially unequal exchange of value because of the mistake (s24(1) of the CCLA). 16. Having carefully considered the available evidence and information, I am satisfied that no mistake was made by BN and...

2. GE v M Ltd [2022] NZDT 86 (17 January 2022) [pdf, 135 KB]

   ...refurbishment of a deck for GE. M Ltd presented GE with a quote for $6,301.25 plus GST which outlined the scope of work to be undertaken. 2. GE accepted the quote and paid a deposit of $2,000.00 on 31 October 2021. 3. On 3 November 2021, M Ltd performed the removal of the previous decking materials and informed GE that some timber would need to be replaced which would result in an additional cost. M Ltd provided an updated quote for $7,861.25 detailing the additional materials and...

3. AE v Secretary of Justice 21 November 2017 NZRA 004/2017 (Amended) [pdf, 118 KB]

   ...could be reviewed after a suitable period. 5. The Secretary opposes the amendment that the applicant seeks for the reason that, excluding female clients, as proposed, would undermine the policy of rotational assignments. Criminal PAL 1 and 2 cases form the bulk of legal aid assignments. Excluding female clients would undermine the efficiency and effectiveness of the rotational system whereby 2 appointments are made to ensure a relatively equitable distribution of assignme...

4. Carley (INZ) v Navarette-Scholes [2015] NZIACDT 42 (20 April 2015) [pdf, 85 KB]

   ...practices relating to finances. [4] Ms Navarette-Scholes accepts she was responsible for issuing the cheques, but says there were mitigating circumstances, without specifying the details of what they were. [5] The Tribunal has to determine whether the information it has regarding the dishonoured cheques establishes Ms Navarette-Scholes issued them as a result of her failure to maintain professional business practices. [6] The Tribunal has concluded the grounds of complaint have been ma...

5. [2019] NZEnvC 007 Minister for Children [pdf, 276 KB]

   ...064, at paragraphs [10] and [11]. 4 once brought, resolved to proceed as such by the council, and ordered by the Court2. (b) In consequence of (a) above, a waiver of the requirement to comply with the usual requirements of section 274 and Form 33. Specifically, the requirements to: i) Lodge a signed original and one copy of any section 274 notice (or submission) with the Court. Instead, the Council is directed to provide to the Court a copy of all submissions lodged on the N...

6. [2022] NZREADT 24 - Complaints Assessment Committee 2103 v Sharma (14 November 2022) [pdf, 258 KB]

   ...for the management company, she became aware that bond payments received from tenants or landlords (on the tenants’ behalf) had not been lodged with Tenancy Services. She knew this because after the tenants moved out and signed a bond refund form, either the tenant or the landlord would discover that the bond payment had not been lodged with Tenancy Services and would contact her. [11] The missing bond payments were raised with Mr Sharma who would authorise the accounts staff...

7. Mayfair Street Units v Spargo [pdf, 54 KB]

   ...(Norfolk) organised labour, materials and subcontractors to build the apartments. Norfolk contracted with Mike Donnison, builder, on a labour only contract to build units 9,10,11 and 12. 9. Mr Brittain opposed the application pending more factual information. 10. The matter was deferred for further submissions and either the formulation of detailed allegations or an indication of evidence showing that Mr Mack may be liable. Bryan Wakelin 11. Bryan Wakelin applies to be removed...

8. BX v FN Ltd [2018] NZDT 1505 (11 July 2018) [pdf, 208 KB]

   ...moving BX’s household contents from their residential tenancy address in [Suburb] to their new tenancy address in [City]. The email stated, “All your items will be fully insured while in transport. Please refer to our terms and conditions and inform us if you are interested in grabbing this deal.” The BXs booked the move for 15 and 16 January 2018, and paid FN Ltd’s invoice in advance. 2. BX now claims $4,498.99 for damage to a refrigerator, a gas heater, a coffee table and a sid...

9. ENVC Hearing 6Oct14 DM expert Dennis Scott exhibits [pdf, 11 MB]

   ...purposes of this analysis. This analysis accepts the accuracy of the Buildmedia visual simulations. The following 6 pages are a spatial integrity analysis not a visual assessment. This is an interpretive analysis of the integrity of the proposal on the form and spatial integrity of Matiatia Bay. An analysis sets out to demonstrate that the location, size and form of the Marina totally transforms the Bay into a different “place”. The integrity of the current character of the space wi...

10. TL v OC Ltd [2023] NZDT 775 (14 December 2023) [pdf, 235 KB]

    ...bucket of [Product 2] on site, it is likely that the Cedar cladding has not been coated with [Product 1] as specified, but in fact has been coated in [Product 2]. 11. The report included photographs of the cladding, showing the product used has formed a film on the surface of the timber, and that it has a satin finish. Neither characteristic is consistent with [Product 1], which penetrates into the timber. 12. Between hearings, TL obtained a technical analysis off three paint sam...