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1. Traumatic Brain Injury and people in the justice system (A3 infographic) [pdf, 375 KB]

   ...will have a TBI without being hospitalised or making an ACC claim. Causes of TBI could only be estimated for ACC data. It was not possible to categorise severity TBI (e.g. mild/moderate/severe) with the current IDI data. Concussion is a mild form of Traumatic Brain Injury. Even mild injuries can lead to lasting health issues and cognitive defects. We used linked Ministry of Health, ACC, and Justice data to examine the rate of prior recorded TBI for people at different stages of...

2. KD v Q Ltd [2023] NZDT 617 (3 November 2023) [pdf, 92 KB]

   ...the CGA 1993 meant that this product ought to have lasted for more than five years. I was unable to find a reference to this in the CGA website that KD had referred to. 8. I consider the submission was likely to be an extrapolation from the information provided to the Tribunal by KD from the [cloud storage website] website and from KD’s own experience with hard drives during his 25 years in the IT industry. CI0301_CIV_DCDT_Order Page 2 of 3 9. KD described himself as an IT

3. BQ v ST [2023] NZDT 609 (1 December 2023) [pdf, 177 KB]

   ...sum of $12,900.00. This figure includes interest, and therefore it seems that ST accepts that interest is owed on the loan. 16. The claim is proven. Referee: Nicholas Blake Date: 1 December 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 for a r...

4. CF Ltd v UD [2023] NZDT 95 (20 March 2023).pdf [pdf, 174 KB]

   ...holds as legally binding against UD? 4. The relevant law is that of contract. 5. A personal guarantee is legally binding. This is where an individual (“the Guarantor”) has agreed to ensure that a person or entity (“the Debtor”) will perform its contractual obligations to a third party (“the Guaranteed Party”) and if the Debtor does not perform its obligations, the Guarantor will step in and perform those obligations. 6. In this matter, UD signed the personal guarante...

5. M Ltd v CQ [2023] NZDT 571 (17 November 2023) [pdf, 90 KB]

   ...which a link is provided on the “Quote” state at clause 3 “You acknowledge that the Estimation is not a binding price for the services and that you will be charged for actual services carried out by us for you”. 5. Any ambiguity in the formation of a contract is interpreted according to the contra proferentem rule which means the preferred meaning should be the one that works against the interests of the party that provided the wording. 6. Even though arguably, one...

6. BN & UN v ON [2023] NZDT 250 (21 June 2023) [pdf, 199 KB]

   ...teleconference, however as ON did not answer calls made to the number provided for him, the hearing proceeded in his absence. CI0301_CIV_DCDT_Order Page 2 of 3 Referee: K. Edwards Date: 21 June 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 a...

7. [2015] NZEmpC 206 Fox v Hereworth School Trust Board [pdf, 620 KB]

   ...JUDGMENT OF CHIEF JUDGE G L COLGAN A The defendant acted in breach of its s 4 Employment Relations Act 2000 obligations towards the plaintiff. B The defendant did not disadvantage the plaintiff unjustifiably in her employment by giving her a formal employment warning. C The defendant dismissed the plaintiff unjustifiably. D The plaintiff is entitled to compensation for lost remuneration of $78,934. E The plaintiff is entitled to compensation under s 123(1)(c)(i) of the Emp...

8. Tai Rāwahiti v Tauranga - Tekumi A21A (2009) 228 Aotea MB 148 (228 AOT 148) [pdf, 442 KB]

   ...Moreover the audit report notes that the accountants were not aware of the existence of this account. In addition, the applicant has been concerned with the trustees' failure to provide copies of invoices for the project despite his repeated requests. [19] Counsel then submitted that between 2005 and 2008 the project has consumed $117,960 of funds and there are discussions that a further $100,000-$300,000 would be necessary to restore the property to a habitable condition. The ap...

9. [2021] NZACC 7 - Stryder v ACC (12 January 2021) [pdf, 210 KB]

   ...for him over the time of his incapacity and invoiced him for it. [8] The appellant says that on 28 April 2014 he called his GP, Dr Sia, and made an appointment for Wednesday 30 April 2014 at 8.45 am. On that date Dr Sia filed an ACC injury claim form diagnosing lumbar sprain and sacroiliac ligament sprain. Dr Sia referred the appellant to a physiotherapist and for radiology. Dr Sia also noted that the appellant had the capacity to work normal hours. [9] An x-ray taken that d...

10. [2021] NZACC 7 - Stryder v ACC (12 January 2021) [pdf, 183 KB]

    ...for him over the time of his incapacity and invoiced him for it. [8] The appellant says that on 28 April 2014 he called his GP, Dr Sia, and made an appointment for Wednesday 30 April 2014 at 8.45 am. On that date Dr Sia filed an ACC injury claim form diagnosing lumbar sprain and sacroiliac ligament sprain. Dr Sia referred the appellant to a physiotherapist and for radiology. Dr Sia also noted that the appellant had the capacity to work normal hours. [9] An x-ray taken that d...