Search Results

1. TQ & BC v B Transport [2023] NZDT 441 (30 August 2023) [pdf, 182 KB]

   ...their terms and conditions and that TQ agreed to those when he parked and left his vehicle in the carpark. However this damage occurred before TQ was able to determine whether he would be able to park in the carpark and therefore no contract had been formed at that time and no terms and conditions agreed to. 7. In any event, as TQ points out, it is not possible to contract out of the Consumer Guarantees Act (‘CGA’) guarantee to provide a service with reasonable care and skill. B...

2. PD v QB [2024] NZDT 573 (16 July 2024) [pdf, 233 KB]

   ...principle of caveat emptor or buyer beware. The general position is that the buyer must be responsible for his or her own purchasing decision. 9. If the buyer can establish that a misrepresentation was made in the process of the contract being formed, then the buyer can make a claim. Section 35 of the Contract and Commercial Law Act 2017 (CCLA) provides that when a buyer has been induced to enter a contract by a misrepresentation, whether innocent or fraudulent that person is entitled t...

3. [2019] NZSSAA 40 (21 May 2019) [pdf, 189 KB]

   ...in cash; and treated transactions as income when he could not recall the reason for them. [10] Mr Anderson, an investigator who works for the Ministry of Social Development gave evidence. He said he had investigated XXXX’s bank account. He requested copies of statements from the Bank, which responded with statements for a wider period than he requested. Mr Anderson considered all the bank records he identified as relevant to XXXX’s benefit level. He interviewed XXXX regarding...

4. MW v EF Ltd [2019] NZDT 1304 (4 December 2019) [pdf, 248 KB]

   ...CI0301_CIV_DCDT_Order Page 5 of 6 company that has been pulled together from other sources into one document. Whilst that information is generic, it was sought. In addition, a task list was also created. A [redacted] partnership exploration was also produced, as requested. MW also attended a meeting with [redacted] as requested. 17. It is not possible to place a commercial value on this information. None of the documents went far enough, and MW never had sufficient access to...

5. [2022] NZACC 94 - Black v ACC (19 May 2022) [pdf, 212 KB]

   ...weeks. [6] The file notes a handwritten record of a call to the ACC case officer on 7 February 1997 from the appellant’s father. The note reads: Father rang for Jeremy. He is off work and queried for weekly compensation. They completed forms at the hospital with case manager. I advised I would request the file and send an ARC/3 to Jeremy’s employer. Jeremy has another ARC/18 and they will post this in. IP (injured person?) is residing in Rolleston. Employer Canterbury Car...

6. Waitangi Tribunal - District 13 Part 1 Northern South Island [pdf, 4.1 MB]

   ...the Tainui iwi Ngai Tara-pounamu, and possibly by remnants of Waitaha, and even a few Ngati Kuia. Tasman Bay had several small communities of Ngai Tara, and possibly remnants of an early WaitahaJRapuwai occupation. Golden Bay and the West Coast formed the takiwa of Ngati Wairangi, a tribe which had migrated there from the Whanganui district. This pattern of occupation was altered significantly in the sixteenth century by more intensive Ngai Tara settlement, and by the arrival of two...

7. IR v ST LCRO 203 / 2010 (9 March 2012) [pdf, 190 KB]

   ...formal advice as to the strategy to be adopted renders Mr SF’s conduct unsatisfactory. Mr IR had demonstrated his ability by his earlier efforts on his own behalf. In addition, the die was cast to a large extent, when Mr SF was presented with a request to represent Mr IR at the second Family Court hearing for which a date had already been scheduled. [79] The criticism of the Court of Appeal was that Mr IR had not pursued his application for leave to Appeal to the Court of Appeal...

8. Lohr v Accident Compensation Corporation [2016] NZHRRT 31 [pdf, 306 KB]

   ...could invoice ACC as both a chiropractor and an acupuncturist under two identities for the same consultation or treatment. [3] To find out what was being alleged against him and to limit the damage to his practice, Dr Lohr made a large number of requests to ACC for information under both the Privacy Act 1993 and the Official Information Act 1982. He hoped that once he found out what was behind the investigation he would be able to correct what he believed to be the misinformation held...

9. BORA Nga Punawai o Te Tokotoru Claims Settlement Bill (Ngati Rangiteaorere) [pdf, 278 KB]

   ...exclusion was consistent with articles 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable provisions to s 20 and s 27(2) of the Bill of Rights Act.3 9. In respect of each settlement the Bill will exclude any form of monetary compensation as a remedy for any failure of the Crown to comply with protocols issued under the Bill. Although s 27 affirms the right to bring civil proceedings against the Crown, the section protects only procedural rights,...

10. BORA Ngati Hinerangi Claims Settlement Bill [pdf, 87 KB]

    ...consistent with 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.3 Whether cl 27(3) at issue 9. Clause 24(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 an issue of compliance with s 27(3) of the Bill of Rights Act, namely the right to bring c...