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1. National Standards Committee v Shand [2019] NZLCDT 2 [pdf, 3.2 MB]

   ...Christchurch earthquake of 2010. His claim for earthquake damage was denied by EQC and by his insurer IAG in March 2011. [11] Mr Bligh then in July 2012 first engaged with Earthquake Services, an advocacy service, which, in due course, referred him to Claims Resolution Services Limited (CRS). CRS is a litigation funder. [12] There was a meeting in November 2012 with CRS at which Mr Bligh was told that Mr Shand would be the solicitor taking his case. On 28 November 2012 Mr Bligh...

2. SG v Accident Compensation Corporation (Lack of Jurisdiction) [2024] NZACC 158 (2 October 2024) [pdf, 158 KB]

   ...[7] On 19 June 2023, Mr Wood called the Corporation and was advised that it was generating a purchase order which would be sent to the Provider. [8] On 21 June 2023, the Corporation sent a purchase order to the Provider which was headed “Request for psychiatric assessment-cover”. The Corporation asked the Provider to meet with the appellant to carry out an assessment going on to state that “this would help the Corporation consider the appellant’s claim for a mental injury...

3. BQ v KE [2021] NZDT 1538 (22 January 2021) [pdf, 164 KB]

   ...there was not sufficient time for that claim to be processed and heard with this one. Consequently, it will have to be heard as a separate claim at a later date. Referee: K Rendall Date: 22 January 2021 Page 2 of 2 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. HE v QZ [2023] NZDT 373 (4 May 2023) [pdf, 222 KB]

   ...to carry out; and/or; b. Even if there was no actual remedial work, HE spent $6,000- $7,000 more than he would have if QZ had not left the job. 36. However, HE faces the following difficulties in respect of those arguments: a. The only information provided about defective building work is the QC Ltd statement, quoted above, which was written in November 2020, well over a year after QZ left the site. There are no photographs or other evidence showing the allegedly defective work...

5. [2021] NZACC 176 - Renton v ACC (5 November 2021) [pdf, 728 KB]

   ...JUDGMENT OF JUDGE C J McGUIRE [Abuse of Process; Res Judicata; Issue Estoppel] ____________________________________________________________________ [1] This is an appeal against a decision of the respondent dated 15 June 2018. In rejecting a claim for bilateral optic nerve atrophy secondary to elevated intracranial pressure, ACC’s decision of 15 June 2018 said: We’ve already considered a previous claim you made for the same injury, which we’ve already declined. [2] The...

6. H Ltd v G Ltd [2023] NZDT 265 (11 May 2023) [pdf, 110 KB]

   ...District Court [2023] NZDT 265 APPLICANT H Ltd RESPONDENT G Ltd The Tribunal orders: G Ltd is to pay the sum of $26,297.50 to H Ltd on or before Tuesday 30 May 2023. Reasons: 1. In 2020 and early 2021, H Ltd performed earthworks on two construction sites in Auckland ([Site 1] and [Site 2]) as a subcontractor for G Ltd. H Ltd invoiced a total of $246,094.00 for those works, and G Ltd also incurred iron plate rental charges to 22 February 2022 totalling...

7. Te Manutukutuku Issue 15 [pdf, 3.1 MB]

   ...considering pur­ chasing those lands. The memorial on the title that allows the land to be returned to Maori ownership, should the Tribunal so rule, would be removed perma­ nently. Sylvia Park was sold through the Department of Survey and Land Information, not through a state enter­ prise. This means that claimants are denied the protec­ tion offered by the Treaty of Waitangi (State Enterprises) Act 1988 which protects Waitangi Tribunal claimants by allowing for the return of land to...

8. [2022] NZACC 3 – Foster v ACC (13 January 2022) [pdf, 201 KB]

   ...consulted his GP, Dr Kathryn McDonald. She referred in her clinical notes to Mr Foster having chronic tendinitis and noted that he 2 “often has to lift heavy furniture and kitchen bench tops”. Dr McDonald completed an ACC injury claim form. She identified Mr Foster’s personal injury as a sprain of the shoulder/upper right arm, attributed to “spray painter and sander 18 years gradual onset R scapula pain deep pain sub scap ligaments”. [4] On 1 May 2009, a Medical Pr...

9. UB v NC [2023] NZDT 628 (8 November 2023) [pdf, 141 KB]

   ...probabilities that the appropriate remedy is for NC to pay to UB $2,697.50. Accordingly, this amount is awarded. Referee: DTR Fuli Date: 8 November 2023 CI0301_CIV_DCDT_Order Page 4 of 4 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 rehe...

10. DM & ND & TM v NN & F Ltd [2023] NZDT 440 (15 September 2023) [pdf, 200 KB]

    ...jointly liable to pay arrears of $14,729.22 minus a rent reduction of $1265.00 due to water ingress, being $13,464.22. The balance of the counter-claim is dismissed. Referee Perfect Date: 15 September 2023 Page 4 of 4 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...