Search Results

1. AAP v ZZM [2012] NZDT 38 (15 November 2012) [pdf, 53 KB]

   ...was not the appropriate Tribunal. Even if the Applicant had lodged in another Tribunal, the Respondent would have been able to have the matter transferred to [city where hearing took place]. The prescribed form requires the applicant to give an address. Here, the Applicant has given a Christchurch address for service. It is not uncommon for an applicant to use an address other than their actual residential or business address. The given address is then treated by the Tribunal as t...

2. EC v U Ltd [2023] NZDT 186 (13 June 2023) [pdf, 101 KB]

   ...had a house insurance policy with U Ltd. EC’s house comprises two units, his home and a separately tenanted flat downstairs. In 2022 U Ltd changed the house insurance policy from a single policy into two separate policies. EC says that U Ltd’s service in relation to establishing the two new policies was not provided with reasonable care and skill. 2. EC has invoiced U Ltd $8,550.00 for 57 hours of his time that he says he has spent addressing the issues that arose with his policy...

3. HI v HD Ltd [2023] NZDT 85 (15 March 2023) [pdf, 105 KB]

   ...The claim is dismissed. Reasons: 1. HI had an account for supply of electricity with HF Ltd at her property at [Street]. 2. In August 2022 she moved to [Street]. HI said she intended HF Ltd to continue to supply her electricity at her new property. At the time HI had an outstanding balance of around $500.00. 3. However, the electricity was disconnected at HI’s new address at [Street] on 30 September 2022. 4. HI complains that HF Ltd failed to discount the outstanding...

4. AS Ltd v ZH Ltd [2014] NZDT 659 (26 September 2014) [pdf, 20 KB]

   ...Limited’s area manager has written under the pricing details “fix price for 12 months”. AS Limited’s manager agrees that that was written on the document she signed. [3] On 30 April 2014, when AS Limited was moving premises, AA signed another service agreement form recording the new address. [4] AS Limited contends that they only ever intended to enter into a month by month agreement and that their manager, AA, was misled into signing the agreement and that the document i...

5. AEN and AEO v ZVJ Ltd, ZVI and ZVH [2013] NZDT 336 (23 January 2013) [pdf, 83 KB]

   ...Fencing Act 1978 on 7 August 2012. The notice was delivered to the registered office of ZVJ Ltd, but addressed to “ZVI, Owner of land at [Auckland address]”. [2] ZVI received the notice, however chose not to respond as he believed that service was not valid as the notice was addressed to him personally and not to the company. [3] As AEN and AEO did not receive a cross notice, they proceeded to build a fence in accordance with their notice dated 7 August 2012. They now cl...

6. QT v B Ltd [2024] NZDT 148 (10 April 2024) [pdf, 142 KB]

   ...insufficient evidence to support a finding that the work by [B Ltd] on the boundary bank is defective. 18. It is likely that the Consumer Guarantees Act 1993 (CGA) applies to the work carried out by B Ltd The CGA applies when there is a supply of services of a kind which are ordinarily acquired for personal, domestic or household use. The services provided here are earthworks for a new house which is work that is often provided to consumers in a domestic setting. If the CGA does apply...

7. FH v UO Ltd [2023] NZDT 16 (25 February 2023) [pdf, 193 KB]

   ...Has UO Ltd breached a legally binding contract? b. If so, what damages/compensation can FH claim? 4. UO Ltd was unable to be contacted for the hearing, despite being adequately served with the proceedings at its company’s registered office and address for service, [Service address]. Under the Disputes Tribunal Act 1988 I can resolve a dispute in the absence of one of the parties. Has UO Ltd breached a legally binding contract? 5. When two parties reach agreement, for examp...

8. ZM v BQ [2025] NZDT 85 (27 February 2025) [pdf, 195 KB]

   ...underlying health condition […] The fact that the treatment did not achieve a desired result does not, of itself, constitute treatment injury 23. The general, or over-arching, basis of ZM’s claim is that BQ failed to promptly and adequately address the bridge failure that she first saw him about in November 2018, and that she suffered ongoing pain and discomfort as a consequence. This is not an allegation that BQ caused a treatment injury, it is an allegation that BQ faile...

9. LN v N Family Trust and others [2023] NZDT 503 (18 September 2023) [pdf, 251 KB]

   ...and the Trust is to pay their share of the extra cost within 21 working days of LN supplying the Trust with a copy of the final invoice for the fencing work. 3. LN is to organise the construction of a fence near a portion of the boundary between [Address 1] and [Address 2]. The work is to take place as soon as reasonably possible subject only to the availability of materials and contractors. 4. The area to be fenced is around 14 metres long adjacent to the side of the house at [Addr...

10. CN & MN v KN & W Ltd [2024] NZDT 521 (7 August 2024) [pdf, 218 KB]

    ...The Tribunal orders: The claims by CN and MN against KN and W Ltd are dismissed. REASONS 1. CN and MN have owned their property at 525 [address 1] (“[address 1]”) for around 40 years. [address 1] shares a boundary with [address 2] (“[address 2]”). The previous owner of the [address 2] was the late Mrs L. In or about 1985, Mrs L built an office and sleepout on the land of...