Search Results

1. [2021] NZACC 108 – Wood v ACC (19 July 2021 [pdf, 162 KB]

   ...the Corporation’s decision involved an error of law and that “the Corporation’s actions have exceeded their statutory powers in relation to clause 28 and its adherence to the Privacy Act, Health and Information Privacy Code, and ultimately Human Rights under their numerous iterations of law; e.g. Bill of Rights Act s 27”. [25] Mr Wood goes on to state: I believe it is of great importance and public interest for this application for leave of the District Court to appeal t...

2. [2021] NZEmpC 85 Wilson v Manukau Institute of Technology [pdf, 243 KB]

   ...asserting they were ill-founded. Initially, the challenge was opposed, but in the process of filing submissions for the purpose of the disclosure challenge, MIT provided further documents. MIT’s current position is laid out in an affidavit of its Human Resources Business Partnering Manager, Ms Carolyn Pene. [6] The issues which remain are whether further disclosure by MIT would give rise to a disproportionate burden, and whether the documents sought are in fact relevant. I a...

3. [2023] NZEnvC 074 Currie v Palmerston North City Council [pdf, 385 KB]

   ...and weigh bridge receipts) that any further contaminated soil required to be removed and disposed offsite at a landfill facility consented to receive such material; b. The statement that "it is highly unlikely that there will be a risk to human health" to all i. future occupants, users and neighbouring occupants; c. An updated 'SLUR' site plan with polygons for each SLUR classification of soil and a i. specific legend describing each element on the plan; d. S...

4. LCRO 77/2021 GS and VU v CN and SW (23 March 2022) [pdf, 149 KB]

   ...Lawyer (3rd ed, LexisNexis, Wellington, 2016) at [4.3.2]. 10 Standards Committee determination, above n 1 at [17]. 8 • Mr VU needed to be careful he did not breach the requirements of rr 3.1 and 4.1.1, and the general requirements of the Human Rights Act 1993 not to discriminate against Mrs MM • Mr VU had obtained confirmation from Mrs MM’s doctor, that she was capable of engaging a lawyer for legal representation. This was supported by a report from a forensic psych...

5. F Ltd v DS & KS [2022] NZDT 173 (10 October 2022) [pdf, 181 KB]

   ...expenses incurred. When they reviewed all of the vet invoices, the total up to the end of Noah’s treatment was actually $3,892.23, a bit more than the amount they have counterclaimed. 16. DQ says that he simply agreed to pay the vet bills as a ‘human response’ to help out. He says there was no discussion about whether he would pay for future vet bills, although he was aware DS and KS may have to pay more vet costs. 17. DS and KS agree that there was no agreement about whethe...

6. Williams v Pukahukiwi Kaokaoroa 2 Inc - Pukahukiwi Kaokaoroa 2 Inc (2023) 295 Waiariki MB 97 (295 WAR 97) [pdf, 264 KB]

   ...in which personal information may be obtained or made available. (2) An action taken by an agency does not breach IPPs 1 to 5, 7 to 10, or 13 if the action is authorised or required by or under New Zealand law. [24] The law was applied by the Human Rights Review Tribunal (“HRRT”) in Hunia v Police.3 There it was determined by the HRRT that the Police’s use of the plaintiff’s personal information (in this case, a blood sample) was authorised or required by or under New Zea...

7. [2024] NZEnvC 077 Wellington Regional Council v Crosbie [pdf, 185 KB]

   ...Council submits that it was required to bring the enforcement proceedings against Ms Crosbie and Mr Page to ensure compliance with the resource consent and prevent the ongoing discharge of contaminants (untreated wastewater) to ground, with resultant human health risks. It says that against that background it was the successful party, and it is appropriate that it be compensated for at least part of the costs it incurred to obtain the enforcement orders (interim and final). Speci...

8. McConachy v Accident Compensation Corporation (Personal injury) [2024] NZACC 113 (15 July 2024) [pdf, 171 KB]

   ...section 20(2)(e) to (h)). Section 25(1)(a)(i) provides that “accident” means a specific event or a series of events, other than a gradual process, that involves the application of a force (including gravity), or resistance, external to the human body. Section 25(3) notes that the fact that a person has suffered a personal injury is not of itself to be construed as an indication or presumption that it was caused by an accident. [22] Section 161(1) of the Act provides: The cou...

9. MOJ0048.7_JUN21_WEB.pdf [pdf, 438 KB]

   ...harm because of a crime committed by someone. You do not need to have reported the crime to Police. All providers should follow these principles. They must also comply with legal, professional and ethical standards and codes of conduct, and the Human Rights Act 1993. The principles aim to ensure better outcomes for you when you’ve been affected by a crime. Although they are not legal rights, the principles provide a code of conduct for providers and let victims know what they can ex...

10. QD v L Ltd [2023] NZDT 551 (19 September 2023) [pdf, 198 KB]

    ...actual knowledge of the consumer’s purpose (because it is a common purpose) there is no need for an express notification of the consumer’s expectation that the service will be fit for that common purpose. 13. Where the failure is independent of human control, the consumer has no right of redress (s 33 CGA). Was L Ltd entitled to cancel the contract? 14. L Ltd says it fulfilled its obligations under the contract when it cancelled the booking. It says conditions 6.1, 14.1 and 15....