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1. Stryder v Accident Compensation Corporation (Weekly Compensation) [2024] NZACC 68 [pdf, 285 KB]

   ...the initial medical assessment and the functional capacity evaluation was that Mr Stryder was fit for his pre-injury employment as a chef. Weekly compensation ceased on 18 October 2010. [12] On 21 May 2019, Mr Stryder's GP completed forms for assessing entitlement to a lump sum payment. The general practitioner noted Mr Stryder was suffering from PTSD and anxiety. Since these conditions were not covered injuries, he could not be assessed for a lump sum payment. However,...

2. Te Manutukutuku Issue 32 [pdf, 5.1 MB]

   ...• • • • • • • • • • • • • Concerns About Resource Allocation Available for Claims Concerns have been raised about the level of resources available to the Waitangi Tribunal for the hearing of claims. A large number of requests have been made for early and urgent funding and the Tribunal has been criticised when it has proceeded with other cases. In a recent memorandum concern­ ing the Ngai Tahu claim, Tribunal chairperson, Chief Judge Edward Durie p...

3. TM v B Ltd [2023] NZDT 228 (14 April 2023) [pdf, 93 KB]

   ...this question, which had not been apparent to either of them prior to the hearing. Given they were not legally represented, that is unsurprising and not a criticism. TM thought it was important to protect New Zealand consumers from misleading information such as that in B Ltd’s baggage policy. He further said that if the Tribunal did not have jurisdiction, he might be able to make a claim in [Country 1] following his return to [International city 1] later this year. NL for B Ltd was un...

4. AB v CD Ltd [2022] NZDT 87 (23 June 2022) [pdf, 109 KB]

   ...report carried out with reasonable care and skill and was it fit for purpose? c. Is AB entitled to $20,000 as claimed, or to any other sum? What was the agreed scope of the building report? 7. Under contract law, 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, and what was agreed is looked at objectively, i.e., by looking a...

5. Hall v Auckland Council [2012] NZWHT Auckland 6 [pdf, 228 KB]

   ...whereas Mr Medricky and Mr Hadley were working in the construction industry at the relevant time therefore I prefer their evidence on this issue. [55] Mr Gillingham said that it was not common practice in 2000/2001 for a Council officer to request a Producer Statement from a roofer. He accepted that this placed more emphasis on the Council inspections. The Council was reasonably required to inspect an element of construction as crucial as the roof when it did not 21...

6. IM v KE [2024] NZDT 301 (8 May 2024) [pdf, 183 KB]

   ...ACA). Therefore the Tribunal cannot hear a claim for loss of wages arising out of the second incident in the cafe where KE’s dog pulled out of IM’s hand. Referee: J.F. Tunnicliffe Date: 8 May 2024 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...

7. B Ltd v UT & QT [2024] NZDT 714 (28 August 2024) [pdf, 107 KB]

   ...Whether there was a legally binding contract between the parties that required UT and QT to pay B Ltd $17,000.00? 3. The common law of contract allows parties to enter into contracts that are legally binding. A contract can be written or formed verbally or inferred from the parties’ conduct. 4. B Ltd said that they had signed a settlement agreement with UT and QT in early 2024 and they had agreed to pay the sum of $17,000.00 to them as part of a full and final settlement

8. D Ltd v O Ltd [2025] NZDT 49 (24 March 2025) [pdf, 173 KB]

   ...charged $1,380.00 by the eftpos supplier for failing to return the machine. 2. In November 2024 D Ltd contacted O Ltd and was told the parcel had been lost. O Ltd said that it was too late, in terms of its terms of service, for D Ltd to make a claim in relation to the failure to deliver the parcel. D Ltd later filed a compensation claim form with O Ltd, but O Ltd has continued to decline to pay any compensation. 3. D Ltd seeks an order that O Ltd is liable to pay it damages of $1,5...

9. AAP v ZZM [2012] NZDT 38 (15 November 2012) [pdf, 53 KB]

   ...AAP APPLICANT AND ZZM RESPONDENT Date of Order: 15 November 2012 Referee: Referee Cheyne ORDER OF THE DISPUTES TRIBUNAL The Tribunal hereby orders that the claim is struck out. Facts [1] AAP has no presence in New Zealand but is an Australian registered company that works in Australia. ZZM is a New Zealand registered company based in Christchurch with clients in Australia. ZZM contrac...

10. Crosswell v Auckland City Council [pdf, 92 KB]

    ........................................................... [7] PURCHASE OF HOUSE BY CLAIMANTS .................................................. [11] PROPERTY TRANSFERRED FROM CLAIMANTS TO TRUST.................. [16] Additional Repairs after Trust Formed................................................. [20] Attempted Sale of the Property ........................................................... [23] THE CLAIMANTS’ CLAIM .................................................................