Search Results

1. MS & NS v JT [2024] NZDT 238 (26 March 2024) [pdf, 187 KB]

   ...property, it is primarily a bush block and they intended to use the RTV to collect firewood. 13. Goods can have both a commercial and domestic use, and for the CGA to apply it is sufficient that goods of that kind are purchased for domestic use as a matter of regular occurrence. It need not be the dominant purpose. I find that RTV’s are commonly purchased for domestic use, and that Mr and Mrs S meet the definition of consumers. Was the RTV of acceptable quality? 14. Mr T say...

2. KL v BD [2023] NZDT 610 (20 November 2023) [pdf, 191 KB]

   ...or all of the $899.00 to KL? CI0301_CIV_DCDT_Order Page 3 of 4 22. I have found BD used reasonable care and skill in taking the photographs in the context of there being no pre wedding consultation. 23. For this reason, balancing the matter as carefully as I am able, I consider a partial refund should be available to KL. 24. KL had indicated she was willing to accept a partial refund of $600. 25. I consider this is appropriate because despite the outcome, BD did expend...

3. Chand v Accident Compensation Corporation (Late filing to the District Court) [2024] NZACC 123 (22 July 2024) [pdf, 157 KB]

   ...scheme is minimising the economic, social and personal costs of the impact of injury on the community. Unnecessary delay in bringing an appeal to the ACC jurisdiction of the District Court carries potential costs for the appellant and also for the justice system and those involved in it. 3 [7] In Avery v No 2 Public Service Appeal Board,1 Richmond J (for the Court of Appeal) stated: When once an appellant allows the time for appealing to go by then his position suffers a rad...

4. QQ v IK & YM [2023] NZDT 357 (22 June 2023) [pdf, 150 KB]

   ...cars. He took from this that IK had a degree of expertise. 20. This is not correct that an [auto mechanic] inspection only covers WOF issues. The inspection report lists the checked items as including the engine and fuel system and clearly covers matters beyond CI0301_CIV_DCDT_Order Page 3 of 4 those covered by a WOF. QQ says the [auto mechanic] has confirmed that, although it checks the vehicle for mechanical issues, it does not do a diagnostic check. 21. IK says he did not e...

5. MT v BX [2024] NZDT 85 (16 January 2024) [pdf, 96 KB]

   ...primarily about the lending of money. It does not apply to loans between private individuals on a one-off basis. If the Act applies, there are numerous requirements that the lender must comply with, including disclosure to the borrower of specified matters, and a failure to comply renders the loan contract unenforceable. 6. At first glance it appears that the loan is made on some kind of a formal or commercial basis. The charging of a fee described as “convenience and rapid service...

6. Guo v Culpan (Agent) [2017] NZHRRT 57 [pdf, 160 KB]

   ...thinks fit. Also relevant is s 105 which requires the Tribunal to act according to the substantial merits of the case, without regard to technicalities. In exercising its powers and functions it must also act according to the principles of natural justice, in a manner that is fair and reasonable and according to equity and good conscience. Finally, the Human Rights Review Tribunal Regulations 2002, reg 16(1) gives the Chairperson power to give directions and to do any other things “ne...

7. ML v OJ Ltd [2022] NZDT 39 (8 February 2022) [pdf, 177 KB]

   ...make-up classes where “for school reasons” a class cannot be available. This would cover eventualities such as a teacher being sick, or OJ Ltd being temporarily closed for cleaning, but not a nationwide lockdown due to a pandemic. I also find as a matter of interpretation that any make-up classes would need to be held within a reasonable time, generally in the same year the student was enrolled unless the parent agreed to accept a credit for a subsequent year. I therefore find that t...

8. Further considerations for supervision of offenders deported to New Zealand [pdf, 189 KB]

   11 September 2015 Further considerations for the supervision regime for returning prisoners 1. This paper outlines four matters for further consideration with regard to the supervision regime for prisoners who return to New Zealand following a sentence of imprisonment (‘returning prisoners’). These issues are: a. the threshold for Police to collect DNA without consent of the offender b. setting the threshold for eligibility for the regime at a sentence of more than one year’s...

9. SE v TD and KF [2021] NZDT 1531 (24 February 2021) [pdf, 210 KB]

   ...is therefore outside of the jurisdiction of the Tribunal because section 11 of the Limitation Act 2010 states that no claim can be made six years after the cause of action has accrued. Therefore, I find that any claim in contract or tort in this matter is statute barred. 19. I am therefore satisfied that TD and KF cannot be held liable for the costs of removal of the concrete foundations. Are TD and KF liable for the costs of half of the fence? 20. The relevant law is the Fencin...

10. XB v KI [2022] NZDT 226 (5 December 2022) [pdf, 198 KB]

    ...came on. 6. XB subsequently had the car checked out and was advised that along with the DPF, the head gasket was blown. XB was advised that the vehicle would be uneconomical to repair due to the costs involved. 7. XB contacted KI, but the matter was unable to be resolved between the parties. 8. XB is seeking a refund of the purchase price of the car of $14,250.00 plus $249.80 paid for Road User Charges purchased. He would like to return the car to KI. 9. The issues the T...