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1. [2022] NZACC 63 - Fraser v ACC (14 April 2022) [pdf, 180 KB]

   ...in lodging these appeals in time, and that Mr Fraser’s mental injuries and personal circumstances (recovering from surgery, then selling the family home, packing up his belongings and moving to a new home) 4 all took its toll. Ms Koloni requested that the notices of appeal be accepted in the context of the Spirit of the Code (a partnership of utmost good faith) that Mr Fraser had with the Corporation. [9] On 13 April 2022, Mr McBride for the Corporation submitted that the in...

2. KC & MC v V Ltd [2025] NZDT 14 (3 April 2025) [pdf, 111 KB]

   ...Reasons 1. MC and KC contracted BX trading as [B Construction] to supply and erect a louvred gazebo manufactured by QT at their new home under construction. Although the final agreed price was $38,842.40, the contract was not written in a form compliant with the requirements set out in the Building Act for contract for building work on residential properties. 2. A $15,000 deposit was paid in March 2023. 3. In June 2023 BX incorporated a new company through which he now trad...

3. AV v ZE [2014] NZDT 668 (8 October 2014) [pdf, 23 KB]

   ...of Student Fees Refunds, Trust Account.” Is AV bound by the 20 consecutive missed days rule? [9] AV’s enrolment in the course is a contract between her and the school. It is governed by the ordinary rules of contract law. A contract is formed when two people have a meeting of the minds. One person makes an offer of what the contract is to be and the other accepts. It often happens that one party is not fully aware of all of the detailed terms of a contract they have accept...

4. Taylor v Southern District Health Board (Extension of Time) [2018] NZHRRT 30 [pdf, 165 KB]

   ...delayed until after an inquest is held by the Coroner. The SDHB sought an extension of seven days to 5pm on 27 June 2018 to file its defence. [5] By email dated 20 June 2018 Mr Nevell advised the plaintiffs consented to the extension. [6] The request for extension having been referred to the Chairperson, the Secretary was directed to advise the parties that it was impractical for the request to be referred to a three member Panel of the Tribunal at short notice. They were further adv...

5. 2023 July Family Violence Provider Update.pdf [pdf, 141 KB]

   ...helpful reminders and resources. Communities of Practice In July and August, we will be replaying our very successful training series on the Ministry of Justice Programmes, and administration requirements. Thursday 27th July 10am – 11.00am Forms and administration of programmes Thursday 3rd August 10am – 11.00am Reporting and Invoicing Thursday 10th August 10am – 11.00am Non-Violence Programmes Thursday 17th August 10am – 11.00am Safety Programmes Invitations and...

6. G Ltd v H Ltd [2024] NZDT 236 (8 March 2024) [pdf, 179 KB]

   ...implied term of the contract? 6. The relevant law is the common law of contract, under which parties can enter into legally binding agreements, and the Contract and Commercial Law Act 2017 (CCLA). A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. CI0301_CIV_DCDT_Order Page 2 of 3 7. Despite the expressed reason for the client terminating the contract being failure to engage with the brief, the designer pointed out t...

7. LQ v Q Ltd [2024] NZDT 648 (25 October 2024) [pdf, 181 KB]

   ...initial fee? b) Is LQ liable to pay the extra charges? Is LQ liable to pay the initial fee? 4. Q Ltd submitted that LQ had accepted the terms on its sign and website by conduct when he entered the carpark, and that a unilateral contract had been formed. This makes no sense. A unilateral contract (a promise in exchange for an act) would only be formed if Q Ltd promised something in return for LQ parking there, such as “Park here and we’ll give you a free ice cream”. A unilateral...

8. Family legal aid response to consultation [pdf, 565 KB]

   ...Limits to service and managing client expectations 15 Delivering the service 15 Consultation Acknowledgement 16 Appendix: Revised fixed fee schedule 17 4 Introduction The review of the Family Court resulted in a number of reforms aimed at creating an accessible family justice service that is responsive to children and vulnerable people, efficient and effective. The intent is to resolve family issues without court intervention where appropriate. The legislative fra...

9. JM v AHX [2011] NZIACDT 2 (21 January 2011) [pdf, 104 KB]

   ...agreement to provide professional services, and that the agreement be in writing. Clause 2.1 relates to holding written authority, and clause 8 addresses the setting of fees. [5] Clause 1.1 of the Code also requires that a licensed immigration adviser perform services with professionalism. Factual Issues [6] The Tribunal undertook a review of the whole of the papers presented, and issued a minute dated 1 December 2010. Among other procedural matters, the minute identified the factual...

10. [2022] NZEmpC 21 Baillie v The Chief Executive of Oranga Tamariki - Ministry for Children [pdf, 222 KB]

    ...September 2021 Mr Baillie raised a personal grievance with Oranga Tamariki and on 7 September 2021 he lodged proceedings with the Employment Relations Authority (the Authority). He sought both interim and permanent reinstatement to his former position. [3] By determination dated 29 October 2021, the Authority dismissed Mr Baillie’s claim for interim reinstatement.1 A substantive hearing of Mr Baillie’s personal grievance is now set down to be heard at the Authority in...