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1. Form 35A Notice of Proceeding when Summary Judgment Sought by Plaintiff [docx, 58 KB]

   Guidance on Using the Notice of Proceeding when Summary Judgment Sought by Plaintiff (Form 35A of the District Court Rules 2014) About the notice of proceeding when summary judgment sought by plaintiff [bookmark: Purpose]Form 35A is used, instead of form 1, when a notice of proceeding is being filed, and served, by a plaintiff also making an application for summary judgment. When being filed and served this form will need to be accompanied by: · A statement of claim · A list of documents rel...

2. Van Wey Lovatt v Health New Zealand (Strike-Out) [2023] NZHRRT 37 [pdf, 202 KB]

   ...Member Dr M Koloamatangi, Member REPRESENTATION: Ms K Dalziel for plaintiff Mr P White for defendant DATE OF HEARING: 27 March 2023 DATE OF DECISION: 15 November 2023 DECISION OF TRIBUNAL STRIKING OUT AMENDED STATEMENT OF CLAIM1 [1] In April 2021 Dr Van Wey Lovatt filed a claim alleging the Waikato District Health Board (now Te Whatu Ora - Health New Zealand (“HNZ”)) interfered with her privacy by breaching Rules 5 and 6 of the Health Information Privacy...

3. NT v DNR Ltd [2023] NZDT 392 (10 August 2023) [pdf, 104 KB]

   ...necessarily signal ‘bad faith’ as DN for the respondent has suggested. I note that NT did not claim against any of the law firm’s staff personally, rather he had named three different people as ‘Organisation’s contact’ people on the claim form. 5. DN has pointed out that he sent a letter to both the Tribunal and NT after the claim was lodged stating that the claim was misconstrued. I imagine that was probably of little assistance to NT because it was not specific enough t...

4. Vivash v Accident Compensation Corporation [2020] NZHRRT 16 [pdf, 282 KB]

   ...REVIEW TRIBUNAL [2020] NZHRRT 16 2 INDEX INTRODUCTION [1] THE EVIDENCE [9] The back injuries of 1982, 1985 and 2002 [9] The requests by Mr Vivash for access to his files [18] ACC document retention policy [26] Destruction of the 1985 claim file [27] The failure to provide the weekly compensation information [28] Comment on the ACC document retention policy which applied at the time [30] DESTRUCTION OF THE 1985 FILE AND IPP 5 [34] Information privacy principle 5 [36...

5. ST v WJ Ltd [2021] NZDT 1702 (22 December 2021) [pdf, 179 KB]

   ...at the time the applicant filed his claim with his insurer. The last offence noted on the criminal and traffic history record provided to the Tribunal is dated 27 July 2014, only some two months before the insurance policy was enacted. The insurer claims the applicant did not disclose this criminal history at the time the contract was entered into and declined the thief claim based on this non- disclosure. [3] The applicant admits the criminal convictions but claims he did not intend to mi...

6. MOJ Claimant Funding Reimbursement Form Aug 2024 (online editable) [pdf, 442 KB]

   ...___________________________________________________________________________ Email address: _____________________________ Phone number: ____________________________ Wai Number: ______________________________ Are you (please tick): Law firm acting: ____________________________  Claimant  Claimant Witness  Support person  Lawyer on behalf Waitangi Tribunal Event Details  Wai 3060 Justice Kaupapa Inquiry  Wai 3300 Constitutional Kaupapa Inquiry Date of event:...

7. MOJ Claimant Funding Reimbursement Form April 2025 (online editable) [pdf, 495 KB]

   ...___________________________________________________________________________ Email address: _____________________________ Phone number: ____________________________ Wai Number: ______________________________ Are you (please tick): Law firm acting: ____________________________  Claimant  Claimant Witness  Support person  Lawyer on behalf Waitangi Tribunal Event Details  Wai 3060 Justice Kaupapa Inquiry  Wai 3300 Constitutional Kaupapa Inquiry Date of event: _______...

8. Brown v Accident Compensation Corporation (Claims Process) [2023] NZACC 213 [pdf, 170 KB]

   ...Held at: Rotorua/Rotorua-Nui-a-Kahumatamomoe Appearances: K Koloni for the Appellant F Becroft for the Accident Compensation Corporation (“the Corporation”) Judgment: 19 December 2023 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claims process – s 54, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 20 April 2021. The Reviewer dismissed an application for review of the Corporation’s decisi...

9. LCRO 219/2016 and 224/2016 AL v UT (24 January 2019) [pdf, 162 KB]

   ...Mr NC to purchase Mr NC’s property at [Town]. The Agreement “was entered into after a damaging sequence of earthquakes struck Canterbury, commencing on 4 September 2010”.2 [4] The Agreement contained the following clause 18:3 18.0 EQC Claims The Vendor and Purchasers agree to the following if the property becomes (or already is) subject to an EQC claim or insurance claim relating to earthquake damage (The claim) prior to the settlement date. (a) Advise the Purchaser of the...

10. ZT v MN [2022] NZDT 100 (10 August 2022) [pdf, 165 KB]

    ...Page 2 of 3 active investment would need to take into consideration before travelling. 6. In conclusion, the request for legal costs is declined. Referee: Sara Grayson Date: 10 August 2022 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe...