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CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 430 APPLICANT DN RESPONDENT BO The Tribunal orders: BO is to pay DN $299.00 on or before 12 July 2024. Reasons: 1. DN and his wife contracted BO to repaint the driveway at their property in return for payment of $2,800.00. They say that the driveway is now slippery when it is wet, and people have fallen on the driveway and cars
...OPEX to the end of August or only to 10 August? 8. The landlord submitted that the lease rolled over as a month-to-month agreement, so did not end until the end of August, since the notice expired on 10 August. 9. However, the lease was based on [law society] standard documentation, as submitted by the landlord, which includes a holding over clause providing for termination “by at least 20 working days notice given at any time with the tenancy terminating on the expiry of the notice...
...authority’s part in responding to the appeal reflects two different functions. First, reflecting strictly its function as consent authority, the consent authority responds to the appeal by explaining its decision to the Court, to show that it was correct in law, and as an exercise of discretionary judgement, was the preferable decision on the facts. Secondly there is its broader function as a public authority (ie as regional council or territorial authority). In that capacity, too, a r...
CI0301_CIV_DCDT_Order Page 1 of 3 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 499 APPLICANT DD Ltd FIRST RESPONDENT SECOND RESPONDENT QW BD Ltd The Tribunal orders, on the claim and the counter-claim: DD Ltd is to pay $30,000.00 to QW on or before 26 March 2024; and The claim against BD Ltd is dismissed. Reasons 1. DD Ltd provided a written quotation to QW for interior and exterior
...because of a technological error in Ms Tierney signing the forms and then returning them electronically. [4] On 4 November 2024, Mr Hawes-Gandar, for the Corporation, submitted that it had no objections to leave to appeal 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 recei...
...instructions only on 16 October 2024. [3] On 24 October 2024, Mr Castle for the Corporation submitted that there was no material prejudice to the Corporation from the late filing, and the Corporation 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 receiv...
...appeal was three months. [4] On 4 November 2014, Ms Arnold for the Corporation submitted that the delay in filing the appeal was unlikely to cause prejudice to the Corporation, and the Corporation 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...
...any district, in the Crown, and shall be held as reserves set apart for the purposes indicated on the plan, and subject to the Reserves Act 1977. Discussion [7] In my decision in Kotuku A2B2C (6 Taitokerau MB 232-237) issued today I discuss the law that determines the status of reserves vested in local councils where the vesting was by order of the Court. I set out below the relevant discussion: [6] Section 129 of the 1993 Act sets out the various statuses of land in New Zealand....
...de novo consideration of the plaintiff’s application. Rather, the Court is obliged to approach the application to re-open afresh. [17] There is no suggestion, as I understand it, that the original determination contained an error of fact or law. Even if it did that, of itself, would not automatically lead to the grant of leave to re-open the investigation. [18] Nor do I accept that Mr Khan’s statutory declaration amounts to new evidence that would support the application. It...
...CI0301_CIV_DCDT_Order Page 2 of 4 d. What did the Bond cover? Is KN entitled to keep it? If not, is QC entitled to the bond, administration costs of $215.00 and filing fees of $65.44 What were the terms of the agreement? 4. The general principles of the law of contract apply to this dispute. A contract is an agreement that the parties intend to be legally bound by it. It involves an exchange of promises and becomes binding when the parties agree on clear and certain terms. When a p...