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1. E Ltd v KC [2024] NZDT 443 (27 May 2024) [pdf, 101 KB]

   ...changed their minds about who they considered to be liable for the damage. 17. Secondly, even if KC relied on any representation by J Ltd, I do not consider that he suffered any loss by doing so. KC said he would have got a lawyer and taken the matter to court if he had not received the email on 13 July 2023. 18. However, KC had not lost the opportunity to pursue the issue of loss or damage against E Ltd and J Ltd. Those issues could properly be raised as part of the current clai...

2. SQ v M Ltd [2024] NZDT 513 (6 August 2024) [pdf, 188 KB]

   ...on 21 July 2023. M Ltd found out that the relative of one of the tenants was still in the house at the in October. The application was filed in the Tenancy Tribunal and the parties attended a mediation. When that did not resolve the issue, the matter proceeded to a hearing in the Tribunal. Due to the Christmas break, a hearing was not convened until January 2024. 6. I find that SQ has not shown that M Ltd failed to provide the services that it was contracted to provide in a reaso...

3. QC v KN [2023] NZDT 426 (10 July 2023) [pdf, 217 KB]

   ...Since KN is not entitled to keep the Bond, KN needs to return the Bond to QC. 17. Section 43 of the Disputes Tribunal Act 1988 sets out when costs can be awarded to an applicant. The grounds listed in section 43 have not been established in this matter and therefore the claim for the administration costs and filing fees is dismissed. Referee: Nigel Wolland Date: 10 July 2023 Page 4 of 4 Information for Parties Rehearings You can apply for a rehear...

4. IX v HO [2024] NZDT 90 (28 February 2024) [pdf, 98 KB]

   ...suitable or not. This is not an acceptable interpretation in my view because it would be manifestly unfair and possibly even dangerous in some cases. In my view this clause, to be workable, must be interpreted as requiring, by implication, and as a matter of common sense, “reasonable efforts in the circumstances” to be part of the context of the clause, which would include a consideration of what the head-tenant’s requirements might be. What would be required could vary significan...

5. MT v EB [2023] NZDT 508 (1 November 2023) [pdf, 239 KB]

   ...counterclaimed for the wages she lost to attend the hearing. She considered the claim was frivolous and vexatious. The saddle was personally delivered to MT on the same day that she paid and she had therefore not suffered any loss. 14. When the matter was first heard EB was not telephoned due to an administrative error. She requested a rehearing and one was granted. I agree with MT that the loss EB incurred appears in the main to have resulted from the administrative error. Although I...

6. NI v LNE Ltd [2020] NZDT 1316 (23 November 2020) [pdf, 117 KB]

   ...am therefore left with the plain meaning of the words “Vendor is responsible to the installation of the water meter.” Under the plain meaning rule (unless there is another definition in a statute which there isn’t in relation to the subject matter in this case) words must be given their ordinary, plain and literal meaning. 12. In this case the words “installation of the water meter” means to install the water meter and nothing else. WXT does the actual installation. The wor...

7. MW & NW v SL & TE [2023] NZDT 510 (20 September 2023) [pdf, 217 KB]

   ...27 April 2023. A day or two after moving in, and using the hot water, it ceased working. After obtaining advice MW and NW discovered that a pin hole leak that had been in place for some time had caused the hot water to break down. They discussed the matter with the vendors who offered to pay for some of the cost of repair. MW and NW however believed that the vendors were obliged to pay the entire cost pursuant to the terms of the sale and purchase contract. MW and NW filed a claim in the D...

8. Appointment of additional guardian by parents [pdf, 193 KB]

   ...day-to-day care for the child; and • contributing to the child's intellectual , emotional, physical, social, cultural, and other personal development; and • determining for or with the child , or helping the child to determine, important matters affecting the child including the child's name and any changes to it, his or her place of residence, medical treatment, education, culture, language, and religious denomination and practice. 9 A n appointment of...

9. Evidence-Digital-Video-Records-Amendment-Regulations [pdf, 1.4 MB]

   RE LE AS ED B Y TH E MIN IS TE R OF JU ST IC E I N C O N F I D E N C E I N C O N F I D E N C E 1 In Confidence Office of the Minister of Justice Cabinet Legislation Committee Evidence (Digital Video Records) Amendment Regulations 2022 Proposal 1 I seek Cabinet’s authorisation for submission to the Executive Council of the Evidence (Digital Video Records) Amendment Regulations 2022. Background 2 The Evidence Regulations 2007 (the regulations) dea...

10. DI v NI [2022] NZDT 251 (5 December 2022) [pdf, 214 KB]

    ...that this finding does not take into account NI’s and TF’s submission that DI caused extensive damage to the property before leaving. They made it clear they were not counterclaiming for this and so I was not required to make any finding on this matter. Referee: J Savage Date: 5 December 2022 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: for...