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1. AFT v Tower Insurance Ltd [2022] CEIT-2022-0001 [pdf, 271 KB]

   ...could be taken into consideration when assessing the reasonableness of the lapse of time between the conclusion of the repair, discovering defects and asking Tower to remedy these defects, I find that the time lapse between late 2014 and making the request in 2022 is outside what can be considered as reasonable. [31] Accordingly, I agree that Tower cannot be required to remedy the alleged defects pursuant to s 32 (a) (i) of the CGA. However, the right to claim all reasonable costs to...

2. Hearn v Parklane Investments Limited [pdf, 105 KB]

   ...Hearn & Ors v Parklane Investments Limited & Ors – INTERIM DECISION File No: TRI 2008-101-000045/ DBH 05356 Court: WHT Adjudicator: R Pitchforth Date of Decision: 30 April 2009 Background This is an interim determination relating to a claim filed by the trustees of the A Hearn Family Trust (the Trust). The Trust sought redress from the following parties believed to be responsible for their leaky unit: First respondent: Parklane Investments Limited (Parklane) –previous...

3. 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...

4. 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...

5. [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...

6. [2021] NZSSAA 9 (26 March 2021) [pdf, 204 KB]

   ...Social Security Act 2018 (the Act). Further, as the appellant is not a party to those decisions, it is unlikely that he has the standing to seek a review. The issues [3] The issues we must decide are whether the appellant has provided all information required for his entitlement to Accommodation Supplement and Temporary Additional Support to be assessed as at 15 July 2019. If he has provided the required information, we must determine whether he was entitled to those forms

7. 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...

8. 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...

9. Koria & Anor v Johnson & Ors [2013] NZWHT Auckland 14 [pdf, 208 KB]

   ...REQUIRED? ...... 5 WHAT WAS THE EXTENT OF THE DUTY OF CARE OWED BY MR WOODGER? 6 HAS MR WOODGER BREACHED THE DUTY OF CARE OWED, CAUSING OR CONTRIBUTING TO THE CLAIMANTS’ LOSS? ..................................................... 9 Defect A: poorly formed and constructed roof to wall junctions ...............................10 Defect B: poorly formed and constructed window and door joinery .........................11 Defect C: poorly formed and constructed cladding clearances .......

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...