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1. Cooper v Hamilton Pharmacy 2011 Ltd (Discovery) [2018] NZHRRT 28 [pdf, 267 KB]

   ...proving one of the exceptions in Principle 11, the Tribunal must then determine whether the disclosure constituted an interference with the individual’s privacy as defined in s 66 of the Privacy Act. That is, has the plaintiff established one of the forms of actual or potential harm contemplated by [s 66(1)]. The burden of proof reverts to the plaintiff at this stage. http://www.legislation.govt.nz/act/public/1993/0028/latest/link.aspx?id=DLM296645#DLM296645 http://www.legislation.gov...

2. Scott v Accident Compensation Corporation (Deemed Cover, Personal Injury) [2023] NZACC 149 [pdf, 228 KB]

   ...February 2012. As for the decision regarding a lower back injury, while the Corporation revoked deemed cover for the general description of lower back injury, it confirmed cover for a contusion of the lower back. Background [5] An ACC injury claim form was completed by the emergency department at Dunedin Hospital on 18 February 2012. The diagnosis description on the claim form was: Dislocation, sprain and strain of unspecified joint and ligament of trunk – left side. [6] The d...

3. Te Manutukutuku Issue 10 [pdf, 2.8 MB]

   ...transmission and production facilities to ensure that some could be utilised for the pro­ tection of the Maori language. Any protective scheme must provide the ability for some Maori language programming to appear on television, in prime time, within a format that will be interesting to youth in particular. Issues considered by the Court were: Whether Maori language is a taonga The Court found that this point had been properly admitted by the parties. The evidence before the Court,...

4. P Ltd v AH & LH [2023] NZDT 51 (31 January 2023) [pdf, 120 KB]

   ...Ltd introduce the purchaser to TC? 3. The general law of contract applies. A contract, or legally binding obligation, is created by an offer, acceptance, exchange of value, and an intention to create legal relations. 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 what...

5. MD v KC [2024] NZDT 41 (23 February 2024) [pdf, 227 KB]

   ...says that MD was warned on an earlier occasion that drug use in the house was not acceptable. KC says that the claim for cleaning arises only because MD continued to use drugs inside the house after this warning. 7. Contracts can come in many forms. Sometimes they are written, other times there is only a discussion or there may be a combination of written and oral terms. In addition, the law of contract allows for implied terms. Implied terms are those so obviously required that it i...

6. MX v X Ltd [2023] NZDT 251 (28 April 2023) [pdf, 241 KB]

   ...as there is no evidence the failure was substantial in any way, I find the claim must be dismissed. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: K. Edwards Date: 28 April 2023 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...

7. BC v ST Ltd [2024] NZDT 381 (2 May 2024) [pdf, 194 KB]

   ...refund of the money paid. 10. With respect to that, BC argued at the hearing that she had paid $3400 + $300 for materials plus an additional $1400 for waterproofing. However a payment of $1400 for waterproofing is not consistent with her own claim form or submissions and it is not what the handwritten receipts show. ST Ltd say they were paid $3400.00 in total and I agree that is what all the other evidence supports. They say that the $300 BC spent at [hardware store], while accompa...

8. NZ Domaine Investments Ltd v Tauranga City Council [2013] NZWHT Auckland 30 [pdf, 81 KB]

   ...seeking interest on the cost of the remedial work and the lost rent. The Act provides for interest to be awarded at the rate not exceeding the 90 day bill rate plus two per cent.7 A schedule of interest was attached to Mr Plummer’s brief. At my request this was recalculated and filed with the Tribunal on the day of the hearing. The 90 day bill rate plus 2 per cent is 4.69 per cent. The schedule prepared by Mr Plummer calculates interest on each payment made from the date of t...

9. I Ltd v BW [2022] NZDT 246 (6 December 2022) [pdf, 263 KB]

   ...heading. Incorrect and self-contradictory advice 26. BW submitted that UI gave her “contradictory and changing advice” that was “wholly inadequate and nonsensical”. 27. These sorts of criticisms are too general and subjective to form the basis of an argument that UI failed to meet her legal duty to exercise reasonable care and skill. 28. BW’s submissions contain several specific allegations about incorrect or misleading advice: a. In May 2019, UI prepared a let...

10. B Ltd v R Ltd [2024] NZDT 169 (17 April 2024) [pdf, 105 KB]

    ...the engine returned from its rebuild and subsequent repair with R Ltd with low oil pressure issues. B Ltd paid R Ltd a total of $13,336.69 for their work. SD sent the vehicle to NH in [city], who had extensive engine rebuild experience in high performance environments, to have the engine’s work assessed and repaired. NH provided a report dated 22 November 2023, gave evidence at the hearing on 17 January 2024 and provided a follow-up report dated 16 April 2024 in response to witnes...