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. [2021] NZEmpC 88 Panapa v Spotless Facility Services (NZ) Ltd [pdf, 222 KB]

   ...forgotten. [10] By letter dated 7 June 2018, Ms Panapa provided information to her E tū union delegate, Mr Palmer, setting out her concerns to enable him to assist her. Mr Palmer acknowledged receiving the letter but says that, at Ms Panapa’s request, he did not give the letter to Spotless. Mr Palmer understood that Ms Panapa was concerned that she had referred to other people in her letter and did not want that information to be passed on to Spotless. [11] Mr Palmer confi...

3. [2020] NZIACDT 38 - ZT v Li (18 September 2020) [pdf, 272 KB]

   ...to New Zealand and place them into acceptable investments. [8] The complainant completed the transfer of the funds to New Zealand in February 2016. [9] On 22 February 2016, Ms Li sent the transfer documents to Immigration New Zealand and requested confirmation that the funds had been correctly transferred. She advised that once the agency had confirmed the transfer, the complainant would invest the funds in acceptable investment items. [10] On 16 September 2016, Immigration N...

4. N Ltd v SQ & TQ [2023] NZDT 314 (25 July 2023) [pdf, 182 KB]

   ...obliged to complete the contract in accordance with the agreement between the parties. The terms and conditions states that either party can terminate the agreement with not less than 7 days’ notice should either party “fail substantially to perform in accordance with the terms of this agreement through no fault of the party initiating the termination.” 46. I am satisfied that the failure by N Ltd to be able to complete the work for the agreed amount, even including the gener...

5. O'Neill v Accident Compensation Corporation (Cover) [2024] NZACC 191 (26 November 2024) [pdf, 250 KB]

   ...follows: “Had been picking up heavy items at work and had sudden pain in R groin”. The date of accident was recorded as 7 December 2022. [9] After the claim was lodged, the Corporation contacted Mr O’Neill by telephone to obtain further information about the accident. According to the record of the conversation completed by a case manager, the accident was described by Mr O'Neill as follows: Moving couch on back of transit van with another colleague, he was getting...

6. Offord v Patel [pdf, 90 KB]

   ...Adjudicator: S G Lockhart QC Dated 5 December 2008 2 BACKGROUND [1] The first respondent, Mr Patel, was both the sole director and the principal shareholder of the second respondent company, Rite Price Construction Limited (Rite Price) formed in May 1994. Mr Patel held 70% of the shares and the remaining 30% of shares was held by his wife. [2] On 27 March 1995, Rite Price purchased land in John Rymer Place, Kohimarama, Auckland. According to Mr Patel, the purch...

7. 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...

8. 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...

9. 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...

10. 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...