Search Results

1. DF v U Ltd [2023] NZDT 235 (19 May 2023) [pdf, 190 KB]

   ...policy? If so, has U Ltd proved that it is entitled to decline DF’s insurance claim? (b) Is DF entitled to a remedy and, if so, is the amount claimed proved and reasonable? Page 2 of 6 8. The parties presented a large amount of information and evidence to the Tribunal regarding the claim and the counterclaim. I would like to reassure the parties that all information and evidence presented has been considered, but this order refers only to essential material and is not...

2. Jang v Tse [pdf, 92 KB]

   ...there would need to be evidence of increase. At the resumed hearing Mr Kwon advised me that there was no evidence to be given. Although I indicated that I might consider an increase in the claim consistent with the cost of living increase, I have formed the view that, in fairness to the respondents, I cannot embark on that exercise in the absence of any information from the parties. A relevant factor may well be that the estimate of repair costs includes replacement "to a ve...

3. Statement of Claim [docx, 37 KB]

   Guidance on using the statement of claim template About the statement of claim [bookmark: Purpose]To commence civil proceedings in the District Court, you must file a statement of claim. The statement of claim must be accompanied by a Notice of Proceedings (Form 1) and a List of Documents Relied On (Form 6). The content of the Statement of Claim is set by r5.28-5.37 of the District Court Rules 2014. As a minimum it must include a description of the cause of action, a description of the order s...

4. Waitangi Legal Aid factsheet for claimants.pdf [pdf, 351 KB]

   ...Your legal aid lawyer will help you complete an application for legal aid. The application form for legal aid for Waitangi Tribunal proceedings is Form 14. It is available at justice.govt.nz/about/lawyers-and- service-providers/legal-aid-lawyers/forms/pdf-legal- aid-forms/ You will need to include your claim’s Wai number and sign the application form. Your lawyer will send your application to the Legal Aid team at the Ministry of Justice, once they have completed the legal...

5. KN v T Ltd [2023] NZDT 106 (28 February 2023) [pdf, 230 KB]

   ...intended to cause inconvenience and annoyance. Is T Ltd entitled to the costs claimed under its Terms and Conditions? 11. Parties to a contract are bound by express and implied terms. Express terms are those that have been made known prior to formation of the contract. 12. All of the work carried out by T Ltd was on the basis of a quote. On the bottom of the quote there is a statement “Our terms of trade can be found here: [redacted]”. 13. T Ltd’s claim for costs associa...

6. ES v T Ltd [2024] NZDT 547 (2 August 2024) [pdf, 122 KB]

   ...or repair of the silo. 3. No further contact was made by ES to either T Ltd, NC or W Ltd regarding the matter and, on 30 March 2021, NC wrote to ES advising him that if he wished to have the matter settled he would need to sign the discharge form sent to him in February 2019 with the offer of settlement. ES responded on 28 April 2021 stating again that the offer is unacceptable, and he will be filing a claim in the Tribunal. 4. ES filed his claim on 19 February 2024. He claims th...

7. Apostolakis v Gilbert (Decision) [2018] NZHRRT 22 [pdf, 290 KB]

   ...settlement with Ms De Polo in the sum of $5,000 in respect of proceedings taken by her for the removal of the caveat. It can be seen the period during which Mr Gilbert acted for Mrs Apostolakis was brief. [3] In August 2011 Mrs Apostolakis made a request under information privacy principle 6 that she be given access to all of her personal information held by Mr Gilbert. Mr Gilbert duly provided her with his entire file. [4] After a gap of three years and eight months, Mrs Apostolak...

8. BORA Equal Pay Amendment Bill [pdf, 291 KB]

   ...basis of sex, in the remuneration and employment terms and conditions for work done within female-dominated jobs; b. provide a simple and accessible process for claimants to progress a pay equity claim; and c. promote the enduring settlement of claims relating to sex discrimination on pay equity grounds. 7. To that end, the Bill: a. establishes a process for pay equity claims, while still retaining the rights and processes for claimants to raise equal pay and unlawful discriminatio...

9. IC v GN [2020] NZDT 1512 (19 March 2020) [pdf, 149 KB]

   ...over the weekend to advise that she had recovered the vehicle. IC have no record of any such call having been received. [3] IC appointed an investigator to determine the validity of GN’s claim. SD refused to cooperate with the investigator. The information provided to the investigator by GN was contradictory. IC considered that the response of SD and GN to the investigation failed to satisfy the requirements of the insured under the policy document. In addition, IC was of the view that...

10. L v EQC [2021] CEIT-2019-0036 [pdf, 298 KB]

    ...(Tower) may be removed from this claim due to an application under s 11 of the Canterbury Earthquakes Insurance Tribunal Act 2019 (the Act) bringing the matter to an end. [2] On 27 August 2021, the Tribunal found that EQC’s decision to decline claims for damage from the earthquakes of 22 February 2011 and 23 December 2011 was correctly made. EQC made the allegations of fraud as it believed that Ms L and Mr M made intentionally false 2 statements in support of exaggerated or fa...