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1. SK v UW [2024] NZDT 607 (13 September 2024) [pdf, 205 KB]

   ...immaterial whether she actually read the Terms before agreeing to them. 9. I am also satisfied that it is immaterial that SK did not agree to the Terms again via the website or on UW’s ipad when she purchased more lessons for her children during 2023. It is sufficient that she agreed to the Terms once at the first enrolment, because the Terms then continued to apply to the contractual relationship between them. In this regard, I accept UW’s oral evidence that the Terms have not ch...

2. NE & QE v LH [2024] NZDT 759 (7 November 2024) [pdf, 104 KB]

   ...just that it works ok that day. That is, there is no general vendor warranty in the agreement for sale and purchase that there is absolutely nothing wrong with any aspect of the property; f. the drainlayer engaged by NE and QE between May 2023 and January 2024 filmed and then ultimately replaced the boundary trap. He says in January 2024 when the boundary trap was exposed, it was clear visible issues were not newly created with a broken pipe with visible tre...

3. HX v ZD [2024] NZDT 771 (4 October 2024) [pdf, 215 KB]

   ...Reasons: 1. For many decades, from well before the parties purchased their respective properties, there was a hedge on or near the boundary between the property at [Property B], now owned by HX, and the driveway of [Property A], now owned by ZD. In June 2023, the hedge was removed by ZD or his contractors. HX filed a claim seeking an order for ZD to pay for a fence to be constructed on the boundary. In February 2024, after the first hearing of this claim, HX served a fencing notice on ZD...

4. IPT-Application-pack-2024 [docx, 50 KB]

   ...I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Act 1957. Signature __________________________________ Declared at ___________________ this _____day of __________________ 2023 ________________________________________________ Signature of person authorised to take statutory declaration ________________________________________________ Name of person authorised to take statutory declaration (Please print name or u...

5. BI v U Ltd [2024] NZDT 614 (8 August 2024) [pdf, 101 KB]

   ...ORDER OF DISPUTES TRIBUNAL [2024] NZDT 614 APPLICANT BI RESPONDENT U Ltd The Tribunal orders: U Ltd is to pay $60.00 to BI before 8 September 2024. Reasons 1. BI hired a campervan from U Ltd between 18 December 2023 and 2 March 2024. Throughout the course of this hire BI had three different campervans as follows: a. The first campervan was returned by BI the same day she picked it up due to an issue with its air conditioning. b. BI experienced...

6. TN v SH [2024] NZDT 569 (5 July 2024) [pdf, 205 KB]

   ...teleconference on 19 January and 18 March 2024, and SH appeared on behalf of his mother on both occasions. TN appeared, together with his son BN who was driving TN’s [vehicle] at the time of the disputed collision. 2. The collision occurred on 22 April 2023 on [Address] between cars driven by BN and TH. BN says he was lawfully proceeding south through an intersection on [Road] and TH, travelling in the opposite direction, failed to give way as she turned right into [Street]. 3. TN...

7. Van Der Vegt v Accident Compensation Corporation (Late Filing of an Appeal to the District Court) [2024] NZACC 169 (23 October 2024) [pdf, 211 KB]

   ...the above matter was lodged by Ms Van Der Vegt on 9 October 2024. The appeal is from the deemed review decision of 10 June 2024. The decision is in respect of Ms Van Der Vegt’s claim for cover for lateral epicondylalgia. [2] On 25 August 2023, Ms Van Der Vegt’s employer, New Zealand Post Group, declined cover for lateral epicondylalgia, a sprain right elbow and forearm, right sprain of ligament of thumb, as a work-related personal injury. On 8 January 2024, 2 Ms Van...

8. U Ltd v G Ltd [2024] NZDT 480 (19 April 2024) [pdf, 101 KB]

   ...completed but the horse box was not installed. 3. G Ltd completed the horse boxes and handed [Box 1] over to U Ltd in February 2022 and [Box 2] in July 2022. [Box 1] and [Box 2] were used to transport horses around New Zealand. In around July/August 2023 the trucks were inspected for their third Certificate of Fitness (COF). Both trucks failed the COF due to cracks in the sub-frames that the horse boxes are installed on rendering them dangerous to use. U Ltd approached G Ltd to remedy...

9. TC v CC [2024] NZDT 470 (13 June 2024) [pdf, 139 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 470 APPLICANT TC RESPONDENT CC The Tribunal orders: The claim is dismissed. Reasons: 1. In 2023 TC bought a house from CC. Shortly after moving into the house she discovered black mould under the stairwell. TC was aware prior to purchasing the house that the stairwell had been relined after a leak had caused damage. 2. TC und...

10. N Ltd v ZM & DX [2024] NZDT 444 (23 April 2024) [pdf, 208 KB]

    ...consider it reasonable to assume a further 2-week period could have passed if the rent had been reduced, a tenant found reasonably quickly and a tenancy begun. That means N Ltd could have charged commission from 14 November 2022 until 16 September 2023, a period of 44.5 weeks. This corresponds to a total commission amount of $3889.30 incl.GST. 23. That is the starting point for consideration of a reduction that reflects N Ltd’s loss. The amount of work necessary to be done under...