Search Results

1. MH v Accident Compensation Corporation (Impairment Assessment) [2025] NZACC 013 (22 January 2025) [pdf, 279 KB]

   ...did not respond to the following questions: a) Have you seen the previous impairment assessment report for this client? b) Has the condition and/or the level of impairment changed since the last assessment? [17] On 8 November 2023, Mr Stryder requested a copy of the appellant’s IRP. Ms Cottle provided the following copy of the draft IRP, dated 8 November 2023: Actions (What & Why) Date to Complete Action Completed Therapy – To support me in the management of my

2. FB Ltd v HE & QE [2023] NZDT 676 (6 December 2023) [pdf, 172 KB]

   ...payment of the outstanding account. 66. Accordingly, the Tribunal finds that the counterclaim must be dismissed. Referee: L. Mueller Date: 6 December 2023 CI0301_CIV_DCDT_Order Page 7 of 7 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...

3. BORA Ngāti Tamaoho Claims Settlement Bill [pdf, 248 KB]

   ...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.3 Whether s 27(3) at issue 8. Clause 25(3) of the Bill excludes damages or other forms of monetary compensation as a remedy for a failure of the Crown to comply with a Crown minerals or taonga tūturu protocol. If the Crown fails to comply with a protocol without good cause, the Ngāti Tamaoho trustees may enforce the protoc...

4. Ngati Maru (Taranaki) Claims Settlement Bill [pdf, 918 KB]

   ...articles 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.' Exclusion of remedy of compensation 9. Clause 26(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with a protocol under the Bill. 10. This clause might be seen to raise the issue of consistency with s 27(3) of the Bill of Rights Act, namely the right to bring c...

5. Smith v Wellington City Council [pdf, 146 KB]

   ...estimates were prepared in July 2005, and the Owners have asked that an 8% increase be added to these estimates to accommodate the rises in the costs of labour, materials and building generally since July 2005. I think that this is a reasonable request, and it is in line with my own knowledge of current building costs. This increases the repair costs from $137,812.50 to $148,837.50. 6.6 Betterment. Ms Divich made submissions on the need to reduce the amount of remedial costs...

6. LQ & SC Ltd v DD [2021] NZDT 1344 (31 March 2021) [pdf, 214 KB]

   ...and compensation and if so, how much. CI0301_CIV_DCDT_Order Page 2 of 4 Has there been a misrepresentation? 8. A misrepresentation is a statement of fact, made by one contracting party to another, before or at the time the contract was formed, upon which the purchaser relies, that proves to be wrong. If there has been a misrepresentation, the purchaser is entitled to a remedy, even if the misrepresentation was made innocently and not deliberately. 9. The onus lies with an...

7. LM v TT [2022] NZDT 166 (2 November 2022) [pdf, 109 KB]

   ...understanding of both parties that it was non-refundable. 14. I find the deposit is refundable because it has not been proved it was non-refundable. In addition, it is not usual for a deposit to be sought or paid until an unconditional contract has been formed. An enforceable contract was not formed because any agreements there might have been were not committed to paper in a Sale and Purchase Agreement as is required by law. 15. I find that Mr TT is entitled to retain $1,265.0...

8. LS & NA v B Ltd [2024] NZDT 635 (25 November 2024) [pdf, 167 KB]

   ...known to them, and I therefore find that B Ltd are not liable to either refund or compensate the applicants for their misfortune in breaking down at that time. Referee: J Perfect Date: 25 November 2024 Page 2 of 2 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...

9. KI v ST & C Ltd [2024] NZDT 585 (10 September 2024) [pdf, 176 KB]

   ...to KI of $350.00. In my view this covers the slats that were missing, the valance cover that was missing for the bed base and inconvenience of service provided. Referee: S Connell Date: 10 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 re...

10. Waitangi Tribunal - District 13 Part 2 Northern South Island [pdf, 1.1 MB]

    ...Island (part 1), Dr G A Phillipson © Copyright Waitangi Tribunal 1996 FOREWORD The research report that follows is one of a series of historical surveys commissioned by the Waitangi Tribunal as part of its Rangahaua Whanui programme. In its present form, it has the status of a working paper: first release. It is published now so that claimants and other interested parties can be aware of its contents and, should they so wish, comment on them and add further information and insights. The pu...