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1. [2022] NZACC 18 - Carey v ACC (2 February 2022) [pdf, 293 KB]

   ...cease weekly compensation on 4 July 2002 was wrong in law. 2 Robinson v Accident Compensation Corporation [2007] NZAR 193 (CA). 3 Carey v Accident Compensation Corporation [2013] NZACC 330. [30] In respect of ACR 15/21 the appellant requests that the court award interest on backdated earnings-related compensation from 1978 as per the Interest on Money Claims Act 2016. Further the appellant requests an independent accounting firm be appointed to calculate the sum and be g...

2. Morunga v Chief Executive of the Department of Corrections (Strike-Out) [2023] NZHRRT 28 [pdf, 184 KB]

   ...September 2023 DECISION OF TRIBUNAL1 [1] Ms Morunga filed her statement of claim in the Tribunal on 19 March 2020. Ms Morunga alleges that the Department of Corrections (Corrections) interfered with her privacy by not responding to her request for personal information within the required timeframe under the Privacy Act 1993 (PA93) and by withholding certain personal information from her in breach of Information Privacy Principle 6 (IPP6) of the PA93. 1 [This decision i...

3. Judge v Care Park New Zealand Ltd (Strike-Out Application) [2018] NZHRRT 14 [pdf, 326 KB]

   ...against him in breach of privacy principle 10. Principle 10 restricts personal information obtained in connection with one purpose from being used for any other purpose. [6] Following Mr Judge’s complaint to the Privacy Commissioner, Wintec informed Mr Judge that it would cease using the information provided by Care Park. [7] Mr Judge also complained to the Privacy Commissioner that Care Park had interfered with his privacy in disclosing information about him to Wintec concerning his...

4. TU v EM [2024] NZDT 153 (10 April 2024) [pdf, 103 KB]

   ...4. EM denied the claim saying that the baler was a functioning machine and was sold as a second hand machine. 5. The issues I have to consider are: a. Was there a misrepresentation that induced TU into the contract? b. When was the contract formed? c. Was there a breach of the contract regarding delivery of the baler? d. If there has been a misrepresentation or breach, what is the appropriate remedy? Was there a misrepresentation that induced TU into the contract? 6. Section...

5. NE & QE v LH [2024] NZDT 759 (7 November 2024) [pdf, 104 KB]

   ...breach of a contract term, or has she misrepresented the condition of the drainage? c. Are NE and QE entitled to $4,753.41 as claimed, or to any other sum? What terms were agreed? CI0301_CIV_DCDT_Order Page 2 of 4 6. A contract is formed when both parties intend to contract on agreed terms and intend those terms to be legally binding. Contract law generally requires parties to a contract to perform the promises they make to each other unless there is a valid legal reaso...

6. QS v DG [2023] NZDT 302 (2 August 2023) [pdf, 174 KB]

   ...that is the subject of this claim. OS attended as a support person and he was removed as an applicant party. Did DG unreasonably interfere with QS’s right to use and enjoy her land? 4. DG said that although the tree grew on land that was formerly owned by her, at all times the tree was protected, and she was not at liberty to do what she wanted with it. As a protected tree, she could prune and maintain it, but she could not fell it or harm it in any way. 5. QS said that th...

7. IC v EI [2025] NZDT 112 (13 February 2025) [pdf, 198 KB]

   ...The Land Transport (Road User) Rule 2004 (LTR) explains rules that all road users must abide by in New Zealand. CI0301_CIV_DCDT_Order Page 2 of 4 8. Rule 3.2 of the LTR says that when a driver turning right faces a green signal in the form of a disc, they must give way to vehicles approaching from the opposite direction. In addition, Rule 4.2(2) of the LTR says that a driver turning, or about to turn, must give way to any vehicle not changing lanes or not making a turn....

8. [2018] NZEmpC 160 Kaikorai Service Centre Ltd v First Union Inc [pdf, 418 KB]

   ...proposed that extra available hours be shared equitably between employees. For employees who had their hours of work reduced the claim was that they would be entitled to redundancy compensation, or partial redundancy compensation, according to a formula. [13] Some other clauses, not in Kaikorai’s draft, were included in the union’s claims, such as birthday leave, redundancy, employment relations education leave and funeral benefit insurance. [14] At the start of the...

9. George v ACC [2012] NZACA 13 [pdf, 78 KB]

   ...removed. However this did not occur in Mr George’s case. I am of the opinion that the silk was responsible for the septic “arthritis” eventually leading to total destruction of the shoulder.” [16] On 18 December 1980, Mr McMillan also requested the Corporation cover the appellant’s current condition. He gave a detailed medical and work history and noted that the appellant was left with very considerable permanent disability at his right shoulder and as the appellant had...

10. BR v YD LCRO 64 / 2011 (9 May 2011) [pdf, 105 KB]

    ...instructions from the Applicant) to the vendors’ solicitor, suggesting that the matter could be settled by the vendors purchasing the property back from the Applicant. [11] By this stage, the Applicant had become unhappy with the Respondent’s performance, and approached the various parties directly with a view to settling the matter on the basis that the various parties effected and paid for repairs to the property. Settlement was reached along these lines. [12] The Respond...