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1. Morris v Accident Compensation Corporation (Interpretation of decision) [2024] NZACC 089 [pdf, 186 KB]

   ...down a steep hill. She slipped and fell, hurting her left arm. On 28 December 2020, the Corporation accepted cover for diagnosed contusion of Ms Morris’ left shoulder and upper arm. [3] On 8 July 2022, Mr Varney, for Ms Morris, submitted a request for reimbursement for prescription medication costs, along with receipts and a table outlining the reimbursements requested. The total reimbursement request was for $465. The Corporation paid for only some of these costs. [4] O...

2. QN v OR [2018] NZDT 1526 (9 February 2018) [pdf, 187 KB]

   ...agreement provides: “In consideration of the sum of $1,000.00 the Grantor agrees to grant to the Grantee as easements in gross (“the Easements”) the right to install, operate and maintain the Station on the Site together with access over the formed Access Track and conveyance of electricity to the site as shown on the plan annexed hereto.” 3. From late 1990 until mid-1995 the parties attempted to negotiate a licence agreement which would provide OR’s occupation rights as...

3. NL & TG v JN [2024] NZDT 44 (12 January 2024) [pdf, 204 KB]

   ...APPLICANT NL APPLICANT TG RESPONDENT JN The Tribunal orders: The claim is dismissed. Reasons 1. NL and TG live next door to a property that is co-owned by JN. 2. Their claim relates to problems with the behaviour of former occupants of that property, in particular that they threw rubbish over the fence onto NL and TG’s lawn. 3. The claim seeks compensation of $300.00 for the removal of the rubbish. 4. The hearing took place by phone on 11 Januar...

4. AX v S Ltd [2024] NZDT 654 (11 September 2024) [pdf, 193 KB]

   ...right to reject the unit which includes the right to recover the cost to replace it. 14. For this reason, the claim cannot succeed. Referee: P McKinstry Date: 11 September 2024 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...

5. LCRO 216/2018 AA v BB (28 November 2019) [pdf, 165 KB]

   ...[70] I am satisfied that Ms BB’s insistence on ensuring that the claim be accurately quantified, was a significant factor in preventing her from attending to finalising the proceedings earlier than she had anticipated. [71] After receiving the requested information from Mr AA, competing work commitments prevented Ms BB from attending to finalising drafting of the claim. It was regrettable that Ms BB was unable to commence the drafting immediately, but I do not consider that the d...

6. [2024] NZEmpC 98 Crichton v Dig Tip Earthworks Ltd Anor [pdf, 257 KB]

   ...13 At [22]. 14 Employment Relations Act 2000, s 148(1). 15 Section 148(3). (b) who holds a general authority, given by the chief executive, to sign, for the purposes of this section, agreed terms of settlement,— may, at the request of the parties to the problem, and under that general authority, sign the agreed terms of settlement. (2) Any person who receives a request under subsection (1) must, before signing the agreed terms of settlement,— (a) explain t...

7. TU v CE D Ltd [2023] NZDT 206 (19 June 2023) [pdf, 201 KB]

   ...of the Consumer Guarantees Act 1993 apply. There has been a substantial failure of the Guarantee of Delivery. Should D Ltd pay for grid power paid for by TU? 3. TU has claimed that D Ltd should pay for his power as a consequence of non-performance of the contract. Section 28(4) of the Consumer Guarantees Act 1993 provides for consumers to: “….obtain from the supplier damages for any loss or damage to the consumer resulting from the failure … which was reasonably fore...

8. BT v CH [2023] NZDT 30 (16 January 2023) [pdf, 175 KB]

   ...no valid agreement between the parties, there is no need for me to consider this issue and accordingly, the respondent’s claim is dismissed. Referee: K. Armstrong Date: 16 January 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 reh...

9. QU v TW [2024] NZDT 311 (14 May 2024) [pdf, 90 KB]

   ...regardless of the collision, and I find that they are not a reasonably foreseeable consequence of the collision. 8. Consequently the claim is dismissed. Referee: G.M. Taylor Date: 14 May 2024 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...

10. BORA Ngā Hapū o Ngāti Ranginui Claims Settlement Bill [pdf, 282 KB]

    ...exclusion was consistent with arts 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act. [2] Whether s 27(3) at issue 7. Clause 24(3) excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with the taonga tūturu protocol. 8. This clause may be seen to limit s 27(3) of the Bill of Rights Act, namely the right to bring civil proceedings against the C...