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1. FB v EE & YT [2023] NZDT 198 (8 May 2023) [pdf, 182 KB]

   ...representation of what FB has not received. Conclusion 11. As FB has proven that she is entitled be compensated for $916.36, an order is made for that amount. Referee: K Cowie DTR Date: 8 May 2023 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 f...

2. ND v MI Ltd [2024] NZDT 267 (8 May 2024) [pdf, 191 KB]

   ...circumstances, it would be fair and reasonable to allow a 30% discount on the product to ND which is rounded to $80. 17. Therefore, MI Ltd are ordered to refund $80 to ND. Referee: S Malaviya Date: 8 May 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 ap...

3. KU v EG [2024] NZDT 835 (29 October 2024) [pdf, 101 KB]

   ...into consideration that case law demonstrates that the ‘warranty section’ in a standard sale and purchase agreement is not subject to a “due diligence clause”. 11. Further, while I acknowledge the delay between the respondent receiving information about the stove being broken and the settlement date, I also take into account the applicant’s explanation that they did not use the stove straight away and there was a reasonable explanation for the delay. 12. I accept that it i...

4. Form-10_Family-Invoice_non-Fixed.pdf [pdf, 211 KB]

   Version 21 – October 2023 page 1 10/23 form 10 Tax Invoice Family Legal Aid Non-Fixed Fee Legal aid file No. Invoice date Invoice number GST number Lead provider’s ref. To: Legal Aid, DX Box Number City Customer Lead provider Law firm Details of claim Forum category 1 2 3 4 Type of proceedings this invoice covers: Covers period from: to Interim invoice Final invoice Lead Provider L...

5. [2022] NZACC 139 - Rawson v ACC (20 July 2022) [pdf, 260 KB]

   ...Accident Compensation Act 2001] ____________________________________________________________________ [1] At issue on this appeal is whether the decision of the Accident Compensation Corporation dated 12 November 2020 accepting the appellant’s claim as a work-related personal injury at Anderson and O’Leary Limited is correct. [2] The position of the appellant is that he meets the requirements for a work-related personal injury under the Accident Compensation Act 2001. ACR...

6. Leaf v Accident Compensation Corporation (Claim for loss of potential earnings) [2024] NZACC 59 [pdf, 172 KB]

   ...adjustment disorder (which Dr Kumar believed to have already largely abated). [13] On 6 April 2019, Mr Leaf obtained deemed cover for PTSD, because the time frame for the Corporation to issue a cover decision had expired. [14] On 8 November 2019, a request was made on Mr Leaf’s behalf for entitlement to loss of potential earnings (“LOPE”). [15] On 25 February 2020, Dr Kumar confirmed his diagnosis of adjustment disorder rather than PTSD (even though he noted that Mr Lea...

7. RH v LV LCRO 189 / 2011 (25 September 2012) [pdf, 126 KB]

   ...considered all of the evidence now before me, I am far from persuaded that the Practitioner’s failure to arrange for an instructing solicitor was a calculated act, or for any nefarious purpose. There are a number of reasons for the views I have formed after careful consideration. [35] The initial contact by the Applicant was within a short time after his wife’s death. The Applicant had acted for the Applicant for some 25 years and it cannot have been unexpected that in such...

8. Otago Standards Committee v Duff [2021] NZLCDT 25 (2 September 2021) [pdf, 168 KB]

   ...introduction of the $150,000 from Mr P was only $55.97. This means the expenses, including the entertainment costs, which were paid for a period from 30 April onwards were being met from Mr P’s funds. [18] Although we note that this does not form part of the charges brought against Mr Duff, we simply record this as a notable concern as to his accounting and business practices. [19] In a similar way Mr Duff’s personal legal expenses of $6,670 were paid on 13 May 2016. On 16...

9. [2023] NZEmpC 33 Pyne v Invacare New Zealand Ltd [pdf, 239 KB]

   ...11 Sisson t/a Edgeware Law v Lewis [2004] 1 ERNZ 200 (EmpC) at [53]. 12 Legislation Design and Advisory Committee “Legislation Guidelines – 2021 Edition” (September 2021) at [28.6]. has been described as the most “vigilant” form of judicial supervision.13 At the other end of the appeal spectrum the appellate court’s ability to intervene is at its most restricted. At this end of the spectrum the court can overturn an error of law or fact but only based on th...

10. Herewini - Succession to Ra Herewini [2024] Chief Judge's MB 1103 (2024 CJ 1103) [pdf, 506 KB]

    ...was included in the Court submission setting out the grounds upon which the application was filed. In summary, the original applicant Johnstone Ra Herewini challenged the succession order made in 1974 in favour of his mother, Rakuira Herewini. He claimed that under the ancient law of tuku iho, the lands were to pass to him. He claimed that his father said “all his lands are now in my [Johnstone’s] care, never to be sold in any way, shape, or form.” He claimed his mother was...