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1. Impact of Treaty on Government Agencies report [pdf, 286 KB]

   ...continue constructive discussion and a sharing of ideas. At the centre of any major consideration for the improvement of race relations is the Treaty of Waitangi. It marked the beginning of nationhood and lies at the heart of many Maori grievances and claims of injustice.” The President of the Court of Appeal, Sir Robin Cooke, in the Court’s judgment on the case in 1987 arising from the State-Owned Enterprises Act 1986, made the following comment : Impact of Treaty on Government A...

2. Hartley v Accident Compensation Corporation (Claim for cost of treatment) [2023] NZACC 200 [pdf, 264 KB]

   ...at: Wellington/Whanganui-a-tara by AVL Appearances: B Hinchcliff for the Appellant F Becroft for the Accident Compensation Corporation (“the Corporation”) Judgment: 12 December 2023 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for cost of treatment – Schedule 1, cl 1-2, Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 2 June 2021. The Reviewer dismissed an application for review of t...

3. CB v UH Ltd [2022] NZDT 150 (26 August 2022) [pdf, 183 KB]

   ...a hazard only once it was cracked due to the encroaching trees, as it had been well maintained over the years with reasonably regular painting to ensure no exposure of the substrate to UV light, which causes the deterioration that enables particle formation and consequently the risk of asbestosis to anyone who inhales. 8. Nevertheless, CB cannot recover the full replacement cost of the shed because there is an element of betterment. His original shed was built in 2002, though CB’s evide...

4. EM & TM v FW [2024] NZDT 575 (10 July 2024) [pdf, 196 KB]

   ...RESPONDENT FW The Tribunal orders: FW is to pay EM and TM the sum of $21,449.22 on or before 31 July 2024. Reasons: 1. EM and TM purchased a house from FW. The parties agreed that a large spa pool present at the property was to form part of the purchase. 2. When EM and TM moved into the house they filled the spa pool up with water and then turned on the spa in an attempt to heat the water. After around an hour the lights in the house flickered, and then the electric...

5. BB Ltd OD Ltd v ED Ltd [2019] NZDT 1532 (18 December 2019) [pdf, 93 KB]

   ...priority over a security interest relating to same goods. 9. However, I am not persuaded that ED has a lien over the vehicle. There is no worker’s lien for mere storage of goods: a worker’s lien only applies where someone has improved goods by performing work on those goods, not where goods have only been maintained. 10. ED claimed that there was a contractual lien based on verbal agreement. However, the applicants’ representative UN denied any such agreement. ED produced an emai...

6. [2021] NZACC 184 - Robinson v ACC (16 November 2021) [pdf, 192 KB]

   ...suspension decision was upheld. No appeal has been lodged in respect of that decision. [12] Mr Robinson has cover for a right shoulder injury for which he had ACC funded surgery performed by Mr Brick in 2010. [13] On 13 April 2017, Mr Brick requested funding for further surgery to remove a screw that he had implanted during the previous surgery. [14] On 27 June 2017, the Corporation issued a treatment injury decision approving cover for “right shoulder localised irrit...

7. JL v N Ltd [2022] NZDT 76 (17 June 2022) [pdf, 157 KB]

   ...under this section of the Building Act, a problem or issue raised in the required timeframe is presumed to be a ‘defect’ unless the building contractor or the on-seller/developer prove otherwise. 8. D for N Ltd has provided evidence in the form of vehicle crossing requirements and crossing approvals as well as photographs of all the laying out, to show that the entire job of preparing and laying the driveway and paths was done at the same time as the vehicle crossing. He contends...

8. BS v O Ltd [2023] NZDT 168 (3 July 2023) [pdf, 101 KB]

   ...BS paid for the timber to be picked up and set up in the shed in 2019 it is a reasonable inference that he expected to pay for its removal from the shed. 21. For these reasons I am satisfied that BS should pay the fee for the removal of his plank form the shed for which he was invoiced $100 before gst. CI0301_CIV_DCDT_Order Page 3 of 4 22. Because I have found that there was a quasi-contractual relationship between the parties for the storage of the plank, I am satisfied that...

9. ND v BT [2024] NZDT 830 (22 October 2024) [pdf, 200 KB]

   ...pay more than the sum claimed in order to have that work completed, ND’s claim cannot succeed. Referee: C Hawes Date: 22 October 2024 Page 4 of 4 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 re...

10. MacGregor v Craig [2016] NZHRRT 6 [pdf, 226 KB]

    ...After Ms MacGregor lodged the sexual harassment claim the interest rate was increased by Mr Craig to 29%. [20] Ms MacGregor’s sudden resignation on 18 September 2014 followed a discussion between her and Mr Craig. One aspect of that discussion formed part of her sexual harassment claim while another related to what Ms MacGregor believed was Mr Craig’s refusal to talk about her rate of pay. Mr Craig’s view was that Ms MacGregor had no entitlement to an increase and in any case a...