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1. 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...

2. 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...

3. [2012] NZEmpC 143 George v Auckland Council [pdf, 131 KB]

   ...disseminate and which led to the AC incurring substantial taxation liability. These matters form the basis of the damages claim against her. Ms George in her affidavits contended that there are documents, or classes of documents, which she has requested and which have not yet been disclosed by the AC. [5] In broad terms, Ms George seeks disclosure of all relevant documents on the Team file, including the quote for the particular work to be done in late 2007, the documentation...

4. Te Manutukutuku Issue 24-25 [pdf, 5.4 MB]

   ...ensured its pan-Maori character. Since it is clear, in our view, that the MDC has not met those goals and, indeed, has turned away from them, we consider that the Crown would be in breach of the Treaty oblig­ ations which it sort to honour on the formation of the company if it were to sell its shares before taking all possible steps to ensure that the company resumes its original Treaty based objectives. In light of our view that the MDC is a Treaty settlement mechanism, we also consi...

5. [2011] NZEmpC 169 Kim v Thermosash Commercial Ltd [pdf, 126 KB]

   ...that Thermosash is obliged to pay him a week’s wages and claims $50,000 compensation for negligence and unethical behaviour which caused emotional harm and permanent physical injuries, and that his employer failed to respond appropriately to a request for extra assistance in October 2007. [5] The defendant has filed an application to strike out the statement of claim in its entirety. The application is advanced on two principal grounds. Firstly, that the statement of claim di...

6. [2022] NZACC 34 – Smith v ACC (10 March 2022) [pdf, 269 KB]

   ...COMPENSATION CORPORATION Respondent Hearing: 25 February 2022 Held at: Dunedin/Ōtepoti Appearances: The appellant represented himself C Light for the respondent Judgment: 10 March 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for mental injury - s 26(1)(c), Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 18 December 2017. The Reviewer dismissed an application for review of the Corporation...

7. Memorandum of Costs and Disbursements [docx, 36 KB]

   ...solicitor) or are. How to use the template All the required fields are set out in the template on the following two pages. The sections that you have to fill out are marked with red text. The red text explains what you need to put in. These are fillable form fields, so click on the red text and start typing. The red text will be replaced by the content that you type. If you want to leave the field blank, just enter a space. The blue text is explanatory notes. Delete these notes before prin...

8. SE v TD and KF [2021] NZDT 1531 (24 February 2021) [pdf, 210 KB]

   ...granted jurisdiction to hear and determine such claims. Such a claim is therefore outside of the jurisdiction of the Disputes Tribunal. (In addition, the wrongfully placed structure has already been removed.) 14. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end. What was agreed is looked at objectively, i.e. by looking at wha...

9. MOJ83 Application for third party claim [pdf, 387 KB]

   ...judgment creditor may have affected the third party’s property rights. Warrant to seize property Allows a bailiff or constable to seize and sell property belonging to the judgment debtor to pay a judgment debt. Application for third party claim When should I use this form? This form lets you make a claim to say that you own or have an interest in property that has been seized or sold by a bailiff to pay a judgment debt. Use this form if all the following apply: • a bailiff ha...

10. List of offenders awarded compensation F-J

    If you‘re a victim of an offender named in a notice of payment into the Victims’ Claims Trust Account, you may be entitled to make a claim against the money awarded to the offender. Notice of end of process for making and determining victims’ claims Notice of payment into Victims’ Claims Trust Account This is the current list of offenders that have been awarded compensation - surnames F-J: Stephen Thomas HUDSON AKA Stephen George RUSSELL; Stepehn (sic) Thomas EDWARDS Tyrone Jagers Nigel...

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    1. Tribunals >
    2. Victims & justice >
    3. Victims' Special Claims Tribunal >
    4. List of offenders awarded compensation