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1. Waitangi Tribunal - issue 54 of Te Manutukutuku [pdf, 353 KB]

   ...librarian at TVNZ, working for three years as a news video researcher. Rachel has a Bachelor in Fine Arts degree in film from Canterbury and a Masters degree in library and information systems from Victoria. Her job is to respond to information requests and to maintain and develop the Waitangi Tribunal library facilities. Rachel says she is enjoying working alongside the team at the Waitangi Tribunal. T e M a n u t u k u t u k u 7 Rache l Ker r “It is pleasing to welcome someone...

2. BL v Accident Compensation Corporation (Overseas Personal Injury) [2023] NZACC 106 [pdf, 175 KB]

   ...sexual exploitation … reach a threshold to be considered a material and substantive (but not only) cause of the development of [PTSD]. I believe that the sexual assaults and sexual exploitation [the appellant] experienced … reach a threshold of forming a material and substantive (but not only) cause of [enduring personality change] syndrome. Likely causation links to [generalised anxiety] disorder are more difficult to reliably attribute, particularly since its onset appears to...

3. DT v BQ Ltd [2022] NZDT 22 (15 February 2022) [pdf, 183 KB]

   ...to all or any of the $400.00 claimed? 16. Where there has been a misrepresentation established, a party is entitled to seek damages. The object is to place the aggrieved party in the position that they would have occupied had the contract been performed as originally agreed. 17. DT seeks compensation, not a full refund. She paid $1,350.00 and $110.00 cleaning fee when she booked the property. She acknowledges she stayed on for the period she was booked in to stay. However, part of the...

4. X v Y Ltd [2021] NZDT 1425 (18 March 2021) [pdf, 224 KB]

   ...c) Are Mr and Mrs X entitled to payment of the legal costs claimed? Has Y breached the Management Agreement by reducing the weekly management fee payments to Mr and Mrs X between 3 April & 28 August 2020? 4. Parties to a contract must perform their respective obligations. If they do not, they will be in breach and need to account for any loss to the other party to the contract. 5. Mr and Mrs X had a Management Agreement with Y dated 7 November 2016 (the Agreement) unde...

5. BH v MW Ltd [2023] NZDT 35 (28 March 2023) [pdf, 198 KB]

   ...Should BH be granted relief or compensation and if so, how much? 6. A party to a contract may cancel the contract if, by words or actions, the other party to the contract repudiates the contract by making it clear that that party does not intend to perform its obligations under the contract (S.36 Contract and Commercial Law Act) or if the other party to the contract breaches a term of the contract (S. 37 CCLA). 7. The cancelling party may apply for relief (S.43 and 45 CCLA) and or dama...

6. J Ltd v UX [2023] NZDT 506 (25 September 2023) [pdf, 179 KB]

   ...12. As J Ltd has not proven that UX breached a term of an agreement, it is not entitled to the order that it seeks, and its claim is dismissed. Referee: K Cowie DTR Date: 25 September 2023 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...

7. Nisha v Devi [2011] NZIACDT 26 (5 September 2011) [pdf, 85 KB]

   ...fee, because the first application was not progressed and lost. [6.4] $2,500 ($NZ) - compensation for unnecessary expenses as a result of the failure to progress the application. The figure was not related to specific expenses. [7] The Complainant requested the Tribunal’s assistance to have the personal documents returned. Thirteen birth certificates, and a marriage certificate have not been returned. [8] The Adviser provided submissions on the appropriate sanctions. In large part the...

8. Naidu v Royal Australasian College of Surgeons (Costs) [2018] NZHRRT 33 [pdf, 95 KB]

   ...2018 the Tribunal made two orders in favour of Dr Naidu: [1.1] A declaration that there had been an interference with the privacy of Dr Naidu by the refusal by the Royal Australasian College of Surgeons (RACS) to provide access to personal information requested by Dr Naidu under IPP 6. 1 [This decision is to be cited as: Naidu v Royal Australasian College of Surgeons (Costs) [2018] NZHRRT 33] 2 [1.2] A compliance order requiring RA...

9. LI v MB Ltd [2022] NZDT 158 (21 September 2022) [pdf, 115 KB]

   ...find no misleading or deceptive conduct. Outcome 13. LI has not proved any wrongdoing on the part of MB Ltd and therefore her claim is dismissed. Referee: J.F. Tunnicliffe Date: 21 September 2022 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 r...

10. BT v PO Ltd [2022] NZDT 80 (12 January 2022) [pdf, 179 KB]

    ...vehicle under contract terms. Therefore, I am satisfied, on the balance of probabilities that BT is not entitled to claim $10,000.00. Accordingly, the claim is dismissed. Referee: L Fuli Date: 12 January 2022 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...