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

    CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2023] NZDT 610 APPLICANT KL RESPONDENT BD The Tribunal orders: BD is to pay KL $600 on or before the 11th day of December 2023. The money may be paid into [bank account number] Reasons: Introduction: 1. KL engaged BD as her wedding photographer. 2. BD photographed the wedding and on the 20th of December sent KL 461 high resolution

  2. BL v K Ltd [2023] NZDT 176 (1 June 2023) [pdf, 193 KB]

    ...commission owed for the N client. 4. The issues to be decided are: a) Did ownership of the N client pass to BL? b) If so, is BL entitled to a commission of $11,953.47? Did ownership of the N client pass to BL? 5. The general principles of the law of contract apply to this dispute. A contract is an agreement that both parties intend to be legally bound by. It involves an exchange of promises and becomes binding when both parties agree on clear and certain terms. BL claims that...

  3. BT v US [2023] NZDT 112 (11 May 2023) [pdf, 111 KB]

    ...practicable for the Tribunal to order that US refund $1,500.00 to BT? c. Does the Tribunal have jurisdiction to hear a claim for stress, slander and derogatory comments? Did US carry out her services with reasonable care and skill? 6. The relevant law is the Consumer Guarantees Act 1993 (CGA). Section 28 of the CGA provides a guarantee that where services are supplied by someone in trade to a consumer they will be provided with reasonable care and skill. 7. I find, on the bal...

  4. Cue v Accident Compensation Corporation (Late filing to the District Court) [2024] NZACC 126 (24 July 2024) [pdf, 148 KB]

    ...of Appeal, and she rectified this error as soon as possible. [4] On 17 July 2024, Ms Arnold for the Corporation submitted that the late filing does not cause prejudice to the Corporation, and it did not oppose leave being granted. Relevant law [5] Section 151 of the Accident Compensation Act 2001 (the Act) provides: (1) An appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry. ... (3) The notice must be received...

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

    ...been incapacitated due to vision problems. [4] On 10 July 2024, Mr Castle, for the Corporation submitted that it did not oppose leave being granted for the late filing of the appeals and there was no real prejudice to the Corporation. Relevant law [5] Section 151 of the Accident Compensation Act 2001 (the Act) provides: (1) An appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry. ... (3) The notice must be received...

  6. Cartwright v Accident Compensation Corporation (Late filing to the District Court) [2024] NZACC 129 (26 July 2024) [pdf, 157 KB]

    ...appeal. [4] On 24 July 2024, Mr Hack for the Corporation submitted that there were likely no evidential matters that would be adversely affected by the delay, and the Corporation did not oppose leave being granted to file the appeal late. Relevant law [5] Section 151 of the Accident Compensation Act 2001 (the Act) provides: (1) An appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry. ... (3) The notice must be re...

  7. Beveridge v Accident Compensation Corporation (Late filing to the District Court) [2024] NZACC 132 (31 July 2024) [pdf, 149 KB]

    ...appeal. [4] On 30 July 2024, Ms Arnold for the Corporation submitted that there was unlikely to be prejudice to the Corporation caused by the delay in filing, and the Corporation did not oppose leave being granted to file the appeal late. Relevant law [5] Section 151 of the Accident Compensation Act 2001 (the Act) provides: (1) An appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry. ... (3) The notice must be rece...

  8. [2024] NZACC 009 – Howell v ACC (23 January 2024) [pdf, 156 KB]

    ...injuries, and the recent death of her mother. [4] On 18 January 2024, Mr Castle for the Corporation submitted that the delay in filing in the appeal did not prejudice the Corporation and that it did not oppose leave being granted. Relevant law [5] Section 151 of the Accident Compensation Act 2001 (the Act) provides: (1) An appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry. ... (3) The notice must be received...

  9. Tangiora - Whareongaonga 5 (2024) 126 Tairāwhiti MB 228 (126 TRW 228) [pdf, 290 KB]

    ...should be transferred and vested in the whānau. What was needed was amendment to this application pursuant to s 71 of Te Ture Whenua Māori Act 1993 (the Act) to include such a vesting. The application is amended accordingly. Ngā Ture The Law [11] Part 7 of the Act addresses alienation of Māori land. It provides, inter alia, that the owner of an interest in any Māori freehold land may only alienate that interest to a person 4 122 Tairāwhiti MB 180-181 (122 TRW 180-1...

  10. ND & UT v HX [2023] NZDT 329 (2 August 2023) [pdf, 130 KB]

    ...responsible for the death of A and for the loss. The issue is whether he is liable to pay for that loss given he has been found to be legally justified in shooting A? Costs can only be awarded against a person for an act or omission that is prohibited by law. Section 60(1) provided a legal justification to HX for an act that would otherwise have been unlawful. I find that HX is not liable to pay UT $3,000.00 for the loss of A. Referee: Verdun Tawhara Date: 2nd da...