Search Results

1. BT v WN Ltd [2023] NZDT 14 (19 April 2023) [pdf, 111 KB]

   ...V berth mattress [22] Again, I note that the condition of the mattress was not warranted in the contract and a private seller is not bound by the obligations of the CGA. In this case BT claims that the seller is liable as she omitted to inform her that one half of the mattress was missing. Further she claims the seller actively misled her in a video walk-through on 10 March 2022 making the berth up in such a way that she assumed that both mattresses were present. [23] With rega...

2. AI v HC [2024] NZDT 875 (16 December 2024) [pdf, 139 KB]

   ...(Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 875 APPLICANT AI RESPONDENT HC RESPONDENT INSURER X Ltd APPLICANT'S INSURER (if applicable) Y Ltd The Tribunal orders: The claim is dismissed. Reasons 1. AI claims that HC impacted his [vehicle] when it was parked and unattended on the street outside his house. His insurer, Y Ltd, claim insured losses of $8948.36 (being the cost of repairing AI’s front bumper...

3. SH v DM [2024] NZDT 211 (18 March 2024) [pdf, 104 KB]

   ...at the site. Except for the morning of 27 April 2023, there is no dispute that he was working at the premises. 12. SH did not pay the invoices because she believed that the invoices presented were amateurish and did not set out sufficient information about work carried out. 13. I agree that the invoices could provide more explanation of work carried out however I do not accept that there is so little information that the invoices should be ignored. The invoices set out the da...

4. NT v Parker [2019] NZIACDT 62 (4 September 2019) [pdf, 289 KB]

   ...this part you will have 60 points not 50. This is similar to additional 5 points, if you qualify you could add both points. [16] On 23 February 2017 at 1:03 pm, an employee of Swiftvisa sent the complainant a form for her employer to complete and requested some other information concerning her work experience. [17] At 11:13 pm on the same day, the complainant sent the employee details of her work experience. Then at 4:57 pm, the complainant sent another email to the employee con...

5. Te Manutukutuku Issue 4 [pdf, 3 MB]

   ...overseas. While there is a lot we can learn from what occurs in other countries, there is much we can offer them too. I was also struck by the number of inquiries I fielded from Maori people about the work of the Tribunal - some of the information requested was of a very basic nature. It seems to me that the Tribunal Division has a lot of work to do in getting knowledge about the Tribunal and the claims process to the people and I look forward to organising information. seminars later...

6. Te Manutukutuku Issue 29 [pdf, 9 MB]

   ...Manutukutuku will provide regular updates of basic information on new claims, the Tribunal's hearing and conference programme and progress with research projects, both in-house and com­ missioned. I hope this will go some way towards meeting the many requests we receive daily for more information on these subjects. As a start, and particularly for our new readers, this issue looks atthe background and workings of the Tribunal, introduces Tribunal members, and explains the role...

7. Hubert v Accident Compensation Corporation (Revocation of cover) [2024] NZACC 179 (12 November 2024) [pdf, 381 KB]

   ...disease, or infection, BOD respondent pp 89-111, at 100. [3] In 2002 and 2003 there was a review undertaken of the 1998 cover decision, however cover was not then revoked. Rather, Ms Hubert was informed by letter dated 2 September 2003 that her claim as lodged on 4 October 1997 remained covered, together with entitlements. [4] In 2021, the Corporation revoked cover on the basis the decision was made in error. The Corporation’s decision of 16 June 2021 stated: As you know, A...

8. Chalecki v Accident Compensation Corporation (Entitlement to Vocational Rehabilitation Costs, Decision Capable of Review) [2023] NZACC 88 [pdf, 297 KB]

   ...identify evidence to support that the provision of the requested vocational rehabilitation would have enabled you to sustain employment in your farming enterprise or that it would have been cost effective in the context of entitlements under your claim. With regards to your transportation costs, there is no evidence to support that this related to rehabilitation and as such, ACC would not be liable to reimburse these costs. [2] In respect of appeal ACR 102/22, this is an appeal a...

9. IQ Ltd & Ors v ND Ltd [2023] NZDT 638 (11 October 2023) [pdf, 101 KB]

   ...not the Disputes Tribunal. Accordingly, on this ground alone, the Tribunal finds that it does not have jurisdiction to hear this claim. Referee: L. Mueller Date: 11 October 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...

10. EQ v B Ltd [2023] NZDT 504 (13 October 2023) [pdf, 198 KB]

    ...lapse of time. B Ltd said that the relevant staff members were no longer with the company, and practices have changed in the years since EQ’s treatment. Difficulties in defending old claims due to records being lost and memories fading over time form part of the rationale behind having limitation periods, and could also be a reason to view a claim under the CGA as having been waived by such a long delay. However, it is unnecessary to decide CI0301_CIV_DCDT_Order Page 2 of 3 w...