Search Results

1. OD v TD [2023] NZDT 535 (25 October 2023) [pdf, 205 KB]

   ...the amount of the Bond lodged at the Bond Centre at the beginning of OD’s tenancy was $2,840.00; that the Bond was transferred into TD’s name when she took over the tenancy on 30 October 2022; that there were no rent arrears or other outstanding matters at the time of the transfer of the tenancy from OD to TD; and that the Property Manager deducted a total of $2,231.42 from the Bond for rent arrears at the end of TD’s tenancy, leaving a balance of $608.57 of the Bond held by the Bond...

2. Application for Property Orders [pdf, 682 KB]

   ...renting (even if you are not named in the tenancy agreement). You can also apply for a Furniture Order or Ancillary Furniture Order to allow you to keep or take all or some of the furniture and appliances that you and the Respondent share. It doesn’t matter if it’s you or the Respondent who owns the item. If you are not applying for an Occupation Order or Tenancy Order then the order you need is called a Furniture Order. If you are applying for an Occupation Order or Tenancy Order then...

3. DF v U Ltd [2023] NZDT 235 (19 May 2023) [pdf, 190 KB]

   ...timings, however, I do not consider this affects her evidence given that there was a year between the event (1 May 2022) and the date on which she gave evidence (4 May 2023). What is important is that HC was able to corroborate DF’s evidence on crucial matters relating to what happened on the day the [vehicle] was stolen, and about DF’s movements that day. She also confirmed that he regularly hunts by himself in remote areas. (f) The polling data from DF’s mobile phone shows that...

4. FN & NH v K Ltd & O Ltd [2023] NZDT 466 (25 August 2023) [pdf, 247 KB]

   ...duty to identify that the boundaries could be drawn differently and to bring this to NH and FN’s attention. 32. IB submitted that people have a wide variety of reasons for wanting boundaries to be drawn in a particular way, and that this is a matter for the surveyor to work through with the client. 33. It was reasonable for IB to assume that those conversations had already taken place before the project came to her. 34. My finding is that the exercise of reasonable care and sk...

5. IN & UI v C Ltd [2023] NZDT 394 (31 August 2023) [pdf, 213 KB]

   ...UI and IN. The Building Act 2004 requires that there must be a written contract for residential building work with a value of $30,000 or more (including GST), and the Building (Residential Consumer Rights and Remedies) Regulations 2014 prescribe matters that must be included in every such contract. 35. The lack of a written contract, which was clearly a legal requirement if a contract was entered into, means that the only evidence about whether there was a contract between the parti...

6. TH v KX [2023] NZDT 191 (26 June 2023) [pdf, 149 KB]

   ...only recently altered his view of when he moved in. (iv) In the hearing on 18 April 2023 KX agreed that he stayed at TH’s property during the March lockdown because she lived near the beach and they could walk their dogs there. (v) When the matter was first called and adjourned, KX agreed he contacted Mr G, who was boarding with TH before KX moved in. Mr G wrote that: “On the evening of 18/04/23 I was contacted by [KX]. He asked me to write a letter to the courts in his favou...

7. J.4-Report-of-the-Attorney-General-under-the-New-Zealand-Bill-of-Rights-Act-1990-on-the-Parole-Amendment-Bill.pdf [pdf, 399 KB]

   ...right of persons finally convicted not to be further punished (affirmed by s 26(2)), the freedoms of movement and peaceful assembly (affirmed by ss 18 and 16), the right not to be arbitrarily detained (affirmed by s 22), and the right to natural justice (affirmed by s 27(1)). 2. I bring these inconsistencies to the attention of the House under s 7 of the Bill of Rights Act and Standing Order 269. What the Bill does 3. The Bill asks Parliament to amend the law concerning the impositi...

8. ET Ltd v District Council [2021] NZDT 1317 (20 January 2021) [pdf, 224 KB]

   ...perform it; any expenditure incurred by a party in, or for the purpose of, performing the contract; any benefit or advantage obtained by a party because of anything done by another party in, or for the purpose of, performing the contract; and any other matters that the Tribunal thinks proper (S.45 CCLA). 19. I find that lodging a Disputes Tribunal claim against District Council on 20 February 2020 is sufficient notice of ETL’s intention to cancel the contract. 20. I find that an...

9. HI v B Ltd [2024] NZDT 8 (29 February 2024) [pdf, 231 KB]

   ...money paid or other consideration provided in respect of the services unless a court or the Disputes Tribunal orders that the supplier may retain the whole or part of the money paid or other consideration provided by the consumer. 29. Taking all matters into account I am satisfied that HI is entitled to a refund of the $400.00 paid to B Ltd. The room was not cleaned to a reasonable standard and HI received little in the way of assistance from the staff member after he raised the issu...

10. OC v NQ [2023] NZDT 767 (20 December 2023) [pdf, 187 KB]

    ...his evidence supports this. NQ says it was 4 cars because one of the cars mentioned on the [messaging application] exchanges was also on [social media application]. 9. OC’s van was not advertised on [social media application]. That does not matter for the purposes of determining if NQ was a motor vehicle trader. I note OC contacted NQ through [messaging application] asking if any vans were available. At the time the van was getting a service and other thing done. It is likely there...