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1. Shield v Accident Compensation Corporation (Treatment Injury) [2022] NZACC 230 [pdf, 242 KB]

   ...___________________________________________________________________________ [1] At issue on this appeal is the decision of the respondent dated 19 May 2017 declining a claim for a treatment injury. The decision said: The declined claim is: • Unnecessary surgery and failure to obtain informed consent prior to wide excision of lesion on right lower leg, resulting in poorly healing wound and deep cavity. Background [2] Following the failure of topical treatments prescribed by he...

2. AB v XY LCRO 82/2013 and 379/2013 (9 June 2014) [pdf, 161 KB]

   ...instructions to obtain a Charging Order against Ms XY’s interest in a property in [city]. The registered proprietors of that property were Ms XY and LMZ Ltd. [10] In support of the application for the Charging Order Mr XV swore an affidavit in the form required by the District Court Rules in which he deposed that Ms XY was “beneficially entitled to the …” property. [11] On 18 January 2011 the District Court issued a Charging Order against the interest of Ms XY in the prop...

3. La Grouw as Trustee of the GJ Peacocke Trust v Rantin & MRA Architects Ltd [2011] NZWHT Auckland 8 [pdf, 178 KB]

   ...he compared the defects with the plans. [20] To that end, in his brief of evidence, Mr Summers compared Mr Howarth‟s conclusions as to defects which caused damage with the content of the building consent documentation in a table which formed part of his brief. Mr Summers referred to 17 points where he considered that the drawings were deficient. [21] Mr Summers related the specific weathertightness detail notes on the drawings to the technical literature to which they r...

4. BORA-advice-Insurance-Contracts-Bill-PUBLISHED.pdf [pdf, 248 KB]

   ...remedies exist for breach of duty, including in the handling of claims; c. requires consumer insurance policies to be clear and in plain language; d. addresses some long-standing technical issues with insurance law, including: i. rules around information provided by policy holders to insurance intermediaries; ii. the operation of exclusions which are not causative of loss; iii. the ability to claim against an insurer when the policy holder is insolvent; iv. rules around time limi...

5. DG v B Ltd [2024] NZDT 253 (26 March 2024) [pdf, 91 KB]

   ...However I find it likely that Consumer NZ has reasonable grounds for its view as it is an independent, non-profit organisation in CI0301_CIV_DCDT_Order Page 2 of 3 New Zealand that has been operating since 1959 well-known for its research on the performance of consumer items. 6. I have also considered B Ltd’s view that four years three months is a reasonable lifespan for the logic board in a [laptop]. However it was not able to offer any information to support its view, or pro...

6. [2021] NZACC 94 - Smith v ACC (1 July 2021) [pdf, 239 KB]

   ...summary of this. We’ve been unable to establish a causal link between your accident on 20/08/2015 and the condition which is to be treated, which means that we’re unable to cover this condition and we/re unable to approve your specialist’s request to pay for your surgery. [3] The decision concerns the initial request for funding filed by Mr Swan, orthopaedic surgeon relating to the 20215 accident. Subsequently, Mr Swan filed an amended request for funding with a chang...

7. QQ v R Ltd [2024] NZDT 741 (2 October 2024) [pdf, 223 KB]

   ...Page 2 of 5 9. A contract may be defined as a legally binding agreement or a promise or set of promises between two or more parties that the law will enforce. 10. SE representing R Ltd brought the Tribunal’s attention to the registration form signed by QQ when he checked in. He pointed to a clause that dealt with guests having to leave at 2100hrs, that the property was not a party house and there was to be no excessive noise. A stated security call out fee of $250.00 would be im...

8. [2018] NZEmpC 110 A Labour Inspector v Prabh Ltd [pdf, 508 KB]

   ...and obtain qualifications in business management, for their visa applications to be successful they were eventually required to be in employment commensurate with their qualifications. One of the employees maintained in evidence that he was performing management duties at the general store where he worked. The other two freely admitted that they did not. While the second and third defendants did not give evidence, I can conclude, from the evidence I did hear and the documents pro...

9. Kai Tahu Ki Otago - EiC - E Ellison - Culture (5 Feb 2021) [PDF, 1.3 MB]

   ...Moeraki, Kāti Huirapa Rūnaka ki Puketeraki, Te Rūnanga o Ōtākou and Hokonui Rūnanga (collectively mana whenua). I have extensive experience in representing the Kāi Tahu Otago Rūnaka in Resource Management Act 1991 (RMA) matters. 2. I am a former Manager Iwi Liaison at Otago Regional Council (ORC) and former Deputy Kaiwhakahaere for Te Rūnanga o Ngāi Tahu. I am the chair of Aukaha, chairperson of the New Zealand Conservation Authority, a member of the NZ Biological Nat...

10. Richardson v Accident Compensation Corporation (Work Related Gradual Process Injury) [2024] NZACC 161 (7 October 2024) [pdf, 247 KB]

    ...September 2022, recording the date of injury as 3 March 2022. [11] On 20 September 2022, Dr Jenny Jones, GP, certified Mr Richardson fully unfit to work from 12 September 2022 to 26 September 2022, recording the date of injury as 3 March 2022 and requesting weekly compensation for an incapacity starting on 12 September 2022. [12] On 22 September 2022, Dr Amanda Ragg, Radiologist, reported on a right wrist MRI of Mr Richardson. Dr Ragg questioned whether there was dorsal spurring...