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1. DN & EN v R Ltd [2023] NZDT 725 (13 December 2023) [pdf, 94 KB]

   ...particular. Rather, I consider that the lost day that resulted from R Ltd’s error is better dealt with as a reduction in the time that DN and EN had in [Country 1]. I have not allowed compensation for LN’s time, as he is not an applicant in this matter. [9] I consider that DN and EN are entitled to compensation for the inconvenience that they suffered as a result of being unable to board the flight that they had booked. They had to return to their home in [Town], having expected to...

2. VS v WN [2022] NZDT 221 (30 November 2022) [pdf, 113 KB]

   ...“The parties acknowledge that this agreement sets forth the entire agreement and understandings of the parties and supersedes all prior oral or written statements, representations, agreements, understandings or arrangements relating to its subject matter.” 4. With Mr O’s agreement, two builders contracted by VS attended the property on 22 July and completed detailed measurements and changes were discussed with Mr O. An amended quote was given to Mr O after the builders found that...

3. NN v BT [2024] NZDT 155 (18 April 2024) [pdf, 100 KB]

   ...on inspection it found that one of the pins in the charging port was missing. 4. NN does not want a new phone. He simply asks that BT repair his defective phone. At the hearing, he also asked that BT pay the cost of the filing fee to bring the matter to the Tribunal. 5. The issues to resolve this claim are: a. Are there faults with the [phone] and if so, what is the cause of the faults? b. Are these covered by the BT warranty? c. Is the [phone] of acceptable quality under...

4. BORA Statutes Amendment Bill [pdf, 391 KB]

   Statutes Amendment Bill - 2007 8 February 2007 Attorney-General LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: STATUTES AMENDMENT BILL 1. In accordance with current arrangements, we have considered the non-justice items in this year’s Statutes Amendment Bill for consistency with the New Zealand Bill of Rights Act 1990 ("the Bill of Rights Act") (PCO 7070/2). The Crown Law Office has similarly considered the Justice items in the Bill. We understa...

5. I Ltd v XN [2023] NZDT 192 (18 April 2023) [pdf, 206 KB]

   ...provided with a written contract. XN considered she could rely on [insurance company] paying her and not the insurance company as being correct, because it, as well ad I Ltd, are experienced professionals who know what they must do and need to get matters like this right. As the owner of the policy she considered it was her right to receive the benefit of the damage caused to her car while she owned it. 7. I agree with XN that an insured is entitled to the proceeds of a settlement with...

6. HG v ET [2020] NZDT 1411 (1 July 2020) [pdf, 117 KB]

   ...WJ Ltd was joined as the insurer for the owner of Driver B’s car. A hearing was conducted with only Driver A present. An order was made for Driver B to pay in full. However, neither Driver B nor WJ Ltd had been advised of the hearing, and the matter had to be reheard. In the meantime, WJ Ltd filed a new claim against Driver C and D. At the rehearing, WJ Ltd withdrew its claim against Driver D. 4. At the rehearing today, Driver A and B attended, along with IK of TQ Ltd, and BP of...

7. IU v KI & CI [2022] NZDT 111 (15 August 2022) [pdf, 207 KB]

   ...knowledge that branches do break in high winds. (g) It is also reasonably foreseeable that an overhanging branch may fall onto the road. (h) Photographs of the trees in question show a multitude of branches overhanging the road. It seems to me only a matter of time before one of them would fall on to the road. (i) Through their insurer, KI and CI have argued this was an Act of God. I have rejected that argument. An Act of God is a natural hazard outside human control such as an earth...

8. Notes from Crown Maori Relations hui Whakatane 27 May 2018 [pdf, 435 KB]

   ...Davis, Minister for Crown/Māori Relations Kiritapu Allan, MP Deborah Mahuta-Coyle, Senior Ministerial Advisor to Hon Davis Te Rau Kupenga, Crown Facilitator Officials from: • the Crown/Māori Relations Roopū, Te Tāhū o te Ture/ Ministry of Justice • Te Puni Kōkiri These notes provide a broad overview of the key points raised by participants and do not represent minutes of the hui. The headings used in this note correlate with the information contained in the pamphl...

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

   ...28. I do not allow the claim for food because it is not a reasonably foreseeable loss – we all have to eat. 29. I do not allow the claim for lost work hours and for mental stress because there is no evidence before me to consider for these matters. Referee: J Savage Date: 20 March 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: fo...

10. MC v OJ Ltd [2020] NZDT 1490 (31 October 2020) [pdf, 109 KB]

    ...responded to her, outlining its position that “you can carry on and complete your programme of study or withdraw from the programme using the OJ Ltd withdrawal form.” MC replied stating that this was not good enough and she would be taking the matter further and filing a complaint with NZQA. 7. Towards the end of this communication MC was effectively asking to cancel the contract and receive a refund. However, OJ Ltd declined her request and gave instructions as to how to withdra...