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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. Algie & Others v ACC [2013] NZACA 6 [pdf, 56 KB]

   ...claimed. [10] The appeal was founded on there being no financial outlay, but the services had to be “actual” to have any chance of coming within ss 121(1) and 80(1). There was no evidence whatsoever to suggest that the Corporation had ever formed the view that the services and attendances were not performed, and the wording of the standard form decision letters and the payment of attendant care by the same 3 caregivers for 18 of the appellants under the later legisl...

4. LN v N Family Trust and others [2023] NZDT 503 (18 September 2023) [pdf, 251 KB]

   ...possible to persons lawfully on the property. Any such entry does not authorise LN or any person to cut down, lop or injure any tree or shrub on [Address 1] without the consent of the N Family Trust. 11. LN is to keep the N Family Trust reasonably informed about the progress with the preparation for building the fence and should give The Trust at least three days’ notice before work commences. Reasons: 12. The parties are next door neighbours. LN owns and lives in [Address 2]...

5. 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,...

6. 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...

7. 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...

8. Austin & Ors v Houghton & Ors [2014] NZWHT Auckland 6 [pdf, 72 KB]

   ...that allowed water ingress and that, as a result, the house required extensive remedial work. One of these defects was attributable to the original roofing work. The “kick out” to the ends of the apron flashings 4 were inadequately formed which allowed moisture to drain in behind the cladding. [12] After receiving the assessor’s report, the Austins obtained a report from another building expert, Barry Gill. Mr Gill commented that the inadequately formed kick ou...

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. T Ltd v S Ltd [2022] NZDT 219 (30 November 2022) [pdf, 174 KB]

    ...to continue to use T Ltd’s services, this risk was ever-present to T Ltd. In these circumstances, T Ltd cannot reasonably claim loss profit over time. Referee: J.F. Tunnicliffe Date: 30 November 2022 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...