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1. 2022 archive

   ...COVID-19 Protection Framework traffic light system – Update (19/4/2022) Web2text system is currently experiencing issues receiving text message replies Free Communication Assistance Forum for lawyers – 13 April 2022 The RSU Confirmation of claim form is no longer required in support of an LA application for first refugee/protected person claim Changes to the COVID-19 Protection Framework in the courts and tribunals Additional wait time can be claimed by legal aid providers required to get a...

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2. BL v Accident Compensation Corporation (Overseas Personal Injury) [2023] NZACC 106 [pdf, 175 KB]

   ...sexual exploitation … reach a threshold to be considered a material and substantive (but not only) cause of the development of [PTSD]. I believe that the sexual assaults and sexual exploitation [the appellant] experienced … reach a threshold of forming a material and substantive (but not only) cause of [enduring personality change] syndrome. Likely causation links to [generalised anxiety] disorder are more difficult to reliably attribute, particularly since its onset appears to...

3. Form 56 Application for warrant to seize property [pdf, 385 KB]

   PAGE 1 OF 8 When should I use this form? This form lets you apply for a warrant that will enable a bailiff to seize and sell property belonging to the judgment debtor to pay a judgment debt. Use this form if all the following apply: • you are the judgment creditor and the money owed to you in a judgment or court order has not been paid • you can provide an address for the judgment debtor or you have been advised that the Ministry of Justice has found a confidential address. • Yo...

4. DI v Trustee X [2022] NZDT 114 (8 August 2022) [pdf, 125 KB]

   ...director of the company. The sum was advanced to the Trust as a loan and deposited by their solicitor directly to the Trust’s account on 12 January 2009. 2. BK and ON were married in April 2007 and separated in April 2018. The Q Trust was formed in 2008 with Trustee X operating as the independent trustee since its inception. 3. In October 2021 CJ and DI made a demand for the repayment of the loan of $20,000. CJ said he and his wife had for many years loaned money to their ch...

5. LX v GQ Ltd [2021] NZDT 1696 (31 May 2021) [pdf, 212 KB]

   ...inconvenience to The Applicant. The Respondent is to collect the failed washing machine or pay The Applicant $250.00 to organise disposal herself. Referee: L. Mueller Date: 31 May 2021 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...

6. NE & SE v JI [2023] NZDT 661 (31 October 2023) [pdf, 260 KB]

   ...vendor’s plumber must have noticed that the roofing paper was severely degraded on either side of the repair site and must have been aware there were wider issues with the roof. They believe the plumber and vendor had a duty to disclose this information, but turned a blind eye, and that the plumber’s work was negligent. The report from the contractor who replaced CI0301_CIV_DCDT_Order Page 3 of 4 the roof says there was no ‘change of pitch’ flashing and the roof was “no...

7. DN v B Ltd [2024] NZDT 248 (4 April 2024) [pdf, 180 KB]

   ...costs. The claim is not frivolous or vexatious nor has any party unnecessarily prolonged the proceedings. On this basis the claim for costs is dismissed. Referee: Nigel Wolland Date: 4 April 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...

8. OQ & TT v N Ltd [2024] NZDT 276 (16 May 2024) [pdf, 179 KB]

   ...reasonable care and skill. 5. I find that N Ltd did not manage the flight with reasonable care and skill. I make this finding for the following reasons: CI0301_CIV_DCDT_Order Page 2 of 3 a) It was a term of the contract that N Ltd would inform OQ “as soon as reasonably possible if the airline needs to make a significant change to your confirmed flights or to cancel them”. OQ was not told of the flight change. N Ltd became aware of the flight change at least 3 months before...

9. FD v HO & MO [2024] NZDT 558 (29 July 2024) [pdf, 189 KB]

   ...parts required to prove a mistake and be entitled to a remedy could not be met. 12. Because the applicant has not proved the claim, I must dismiss the claim. Referee: C Murphy Date: 29 July 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. NOP TUV v MBIE [2014] NZHRRT 16 [pdf, 156 KB]

    ...steps had been taken to ensure that having regard to the purpose for which the information was proposed to be used, the information was accurate, up to date, complete, relevant and not misleading. [4] The secondary issue is whether, in a subsequent request by the plaintiffs for access to personal information held by the Ministry of Business, Innovation and Employment, the Ministry had proper grounds for withholding certain information under s 27(1)(c) of the Privacy Act 1993. The Minist...