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1. TN v N Ltd [2023] NZDT 596 (23 November 2023) [pdf, 149 KB]

   ...liable to N Ltd for their invoice [number redacted] of $428.16 dated 15 May 2023. N Ltd’s claim for payment of the invoice is dismissed. 2. TN’s claim to move the charging station is dismissed. Reasons: 1. In March 2021, TN purchased a [lawn mower] from N Ltd. The mower was covered by a 5 year or 6000 hours guarantee. 2. In May this year TN noticed problems with the mower returning to the charging station and charging. When N Ltd visited the site, they found that a slug...

2. [2020] NZEmpC 116 A Labour Inspector of the Ministry of Business, Innovation and Employment v NewZealand Fusion International Ltd [pdf, 190 KB]

   ...right of appeal exists, is likely to weigh against the application.5 As Judge Couch observed, it is only in exceptional circumstances that any Court has entertained an application for a rehearing on grounds that the judgment contained an error of law.6 [13] While not reaching a concluded view on the merits of the application for a rehearing, because to do so would be premature, I conclude that the relative merits of the application for a rehearing appear (at this stage at least)...

3. Goette v Accident Compensation Corporation (Late filing to the District Court) [2024] NZACC 96 (4 June 2024) [pdf, 158 KB]

   ...Authority to Act was lodged only on 9 May 2024. 2 [3] On 24 May 2024, Ms Arnold for the Corporation submitted that the late filing of the appeal did not cause prejudice to the Corporation and it did not oppose leave being granted. Relevant law [4] 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 recei...

4. [2020] NZEnvC 017 Renew Energy Limited v Canterbury Regional Council [pdf, 239 KB]

   ...[3] On 10 September 2019 the Canterbury Regional Council served an abatement notice on ERP Group Ltd. The abatement notice requires ERP Group Ltd to remove all stockpiles of bales containing municipal waste from the property to a site that can lawfully 3 2020.2 [4] The waste is the property of Renew Energy Ltd. Waste is being stockpiled by Renew Energy Ltd to be used as fuel in a Waste to Energy Plant. While the Waste to Energy Plant is planned to be constructed in the next fi

5. EE v H Ltd [2023] NZDT 280 (10 August 2023) [pdf, 214 KB]

   CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 280 APPLICANT EE RESPONDENT H Ltd The Tribunal orders: H Ltd is to pay the sum of $185.14 to EE by no later than 25 August 2023. Reasons: 1. EE purchased second hand hearing aids and a charger unit from a person in [City]. When the items were approximately 18 months old, faults developed in both the hear

6. [2015] NZEmpC 96 Allied Security Ltd v Marriott interlocutory [pdf, 88 KB]

   ...Dunedin Holdings v Harris [2011] NZEmpC 118. are entitled to enforce those orders unless a stay of proceedings is granted. It follows that the plaintiffs are asking the Court to exercise its discretion to intervene in what is a perfectly lawful enforcement process. [7] The discretion conferred by s 180 is not qualified by the statute but must be exercised judicially and according to principle. I note two key principles. There must be evidence before the Court justifyi...

7. TD v U Ltd [2023] NZDT 414 (14 August 2023) [pdf, 192 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 414 APPLICANT TD RESPONDENT U Ltd The Tribunal orders: U Ltd is to pay $22,257.95 to TD by 5 September 2023. Reason 1. In September 2019, TD purchased a new motorhome from U Ltd for $149,000.00. It is a [campervan brand], motorhome, registration [number]. Due to Covid restriction there was limited use of the ve

8. Application for Non-Contact Order [pdf, 645 KB]

   ...form Step 3 of this form can be filled in by you or another person who can say why a non-contact order is needed and how contact by the offender would affect you. Whoever fills in step 3 will have to go to a local court, justice of the peace or lawyer to have it signed. Getting help to fill in this form You can: • email vovo@justice.govt.nz • call 0800 COURTS (0800 268 787) • go to your local district court. District courts are open from 9am to 5pm from Monday to Friday. You...

9. Infrastructure Funding and Financing Bill Advice [pdf, 94 KB]

   ...the Bill also amends the Land Transport Management Act 2003, the Local Government Act 2002, the Local Government (Auckland Council) Act 2009, the Local Government Official Information and Meetings Act 1987, the Public Works Act 1981, the Property Law Act 2007, the Resource Management Act 1991 and the Utilities Access Act 2010. Consistency of the Bill with the Bill of Rights Act Section 14: Freedom of Expression 9. Section 14 of the Bill of Rights Act affirms that everyone has the rig...

10. NH v QM [2023] NZDT 487 (28 August 2023) [pdf, 197 KB]

    ...series of contracts, with QM and others. However, GA s 14(1) provides that “Every contract for, or relating to, illegal gambling is an illegal contract”, and that the illegal contract provisions in subpart 5 of Part 2 of the Contract and Commercial Law Act 2017 (CCLA) apply. I therefore conclude that NH and QM were parties to an illegal contract. Should the Tribunal grant NH relief? 6. CCLA s 73(1) provides, “Every illegal contract is of no effect.” However, the tribunal has...