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1. [2022] NZACC 1 - Namana (6 January 2022) [pdf, 275 KB]

   ...Respondent Hearing: 13 December 2021 Held at: Auckland/Tāmaki Makaurau Appearances: H Peart for the appellant F Becroft for the Accident Compensation Corporation Judgment: 6 January 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for cover for a work-related gradual process injury - s 30 Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 2 October 2019. The Reviewer dismissed, inter alia, an appli...

2. MacMillan v NZ Parole Board [2013] NZHRRT 3 [pdf, 61 KB]

   ...containing information about Mr MacMillan. On 26 June 2006 the Chairperson of the Board (Judge DJ Carruthers) made an order under s 13(3) of the Parole Act 2002 that the submission not be made available to Mr MacMillan. [7] Mr MacMillan has twice requested access to the submission and has been twice refused. The first refusal by the New Zealand Parole Board was by letter dated 25 August 2006. That letter makes reference to the order under s 13(3) and to the savings provisions in s 7 o...

3. DU v QN [2023] NZDT 434 (4 September 2023) [pdf, 220 KB]

   ...problems, notably osteoarthritis. DJ also undergoes regular and ongoing physiotherapy. 5. DU sought a refund from QN who agreed DU could return DJ for a full refund of the purchase price ($1,500). This was after the 11.5 week vet check but before any formal diagnosis of DJ’s condition had occurred. 6. DU did not wish to return DJ as she had become attached to him and so it was agreed that if there was evidence that DJ did have a defect in his hips that was due to a breeding issu...

4. DF Ltd v TS Ltd [2021] NZDT 1315 (21 April 2021) [pdf, 233 KB]

   ...cancel the contract? c) Is DF entitled to the sum claimed? Did DF breach the contract in failing to carry out the service in accordance with the engineer’s instructions? 4. The general law of contract applies. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end. What was agreed is looked at objectively, i.e. by looking...

5. [2019] NZEmpC 109 Downer New Zealand Limited v Livingston [pdf, 256 KB]

   ...to suitable dates. Mr Livingstone confirmed his availability by way of email dated 16 October 2017 and said that he wished to have two other matters addressed at mediation. He copied the Human Resources manager into the email, who responded by requesting that Mediation Services ask Mr Livingstone to provide full details of his further claims, otherwise the company would only attend mediation to respond to the matters lodged in the Authority. Mediation Services replied, asking Mr...

6. Ruapuha and Uekaha Hapu Trust v Tane - Hauturu East 8 Block [2010] 2010 Maori Appellate Court MB 512 (2010 APPEAL 512) [pdf, 226 KB]

   ...the claim Mrs Anderson and others were involved in a short period of activity that resulted in the settlement in late 1990. We refer to the main steps only in that settlement process. [9] In May 1989 a new organisation for the Ruapuha hapu was formed. It held its first meeting on 6 May 1989. Kit Toogood, solicitor of Wellington, was appointed as legal advisor for WAI 51. At its second meeting on 10 June 1989 Mrs Anderson advised the meeting that the Waitangi Tribunal had propose...

7. [2019] NZEmpC 191 Rachelle v Air New Zealand Ltd [pdf, 448 KB]

   ...grievance could not arise in those circumstances because an employment relationship did not exist at that time. The second, more fundamental, reason was that Mr Holman did not accept he had promised to conduct an investigation as Ms Rachelle had requested. I accept his evidence. [47] Finally, and for completeness, Air New Zealand did not accept that there was any improper reason or motive to employ permanent staff ahead of Ms Rachelle. Implicit in the company’s decision was tha...

8. [2022] NZACC 103 - Renton v ACC (31 May 2022) [pdf, 259 KB]

   ...leave to appeal against a judgment of His Honour Judge McGuire, delivered on 5 November 2021.1 At issue in the appeal was whether the Corporation’s decision dated 15 June 2018, relating to Mr Renton, was correct. The Corporation rejected a claim for bilateral optic nerve atrophy secondary to elevated intracranial pressure, on the basis that the Corporation had already considered a previous claim Mr Renton had made for the same injury, which was declined. The Court dismissed the...

9. ID v SD Ltd [2021] NZDT 1509 (4 February 2021) [pdf, 184 KB]

   ...timing of their cleaning at School 1 to fit around his father’s new cleaning contract with School 2. On 1 May 2018, School 1 gave SD Ltd thirty days’ notice to terminate its cleaning contract with SD Ltd. SD Ltd accepted the termination and informed ID. 3. ID now claims $15,000.00 in damages for the termination of the School 1 contract from SD Ltd and School 1. 4. The issues to be determined are: a) What is the nature of the contracting arrangement between the parties? b) Was Sc...

10. TX v V Ltd [2023] NZDT 227 (22 May 2023) [pdf, 150 KB]

    ...contract? (b) Did the sales become unconditional within 6 months of TX leaving V Ltd? (c) Is TX entitled to any commission? What were the relevant terms of the contract? 4. The law of contract applies. Once a legally enforceable contract is formed, the parties are bound by the terms they have agreed to, and those terms are enforceable by one party against the other. This means that if one party breaches a term of the contract, the other party may seek a remedy. 5. TX and V...