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1. Foster v Accident Compensation Corporation (Leave to appeal) [2022] NZACC 209 [pdf, 158 KB]

   ...with the result that an extension of time should generally be granted, desirably without opposition from the respondent. [38] The ultimate question when considering the exercise of the discretion to extend time under r 29A is what the interests of justice require. That necessitates an assessment of the particular circumstances of the case. Factors which are likely to require consideration include: 1 Almond v Read [2017] NZSC 80, [2017] 1 NZLR 801, (2017) 23 PRNZ 533. 4 (a)...

2. [2022] NZACC 77 – OConnor v ACC (5 May 2022) [pdf, 150 KB]

   ...following principles to guide the exercise of the discretion to grant or deny an extension of time to lodge an appeal: [38] The ultimate question when considering the exercise of the discretion to extend time under r 29A is what the interests of justice require. That necessitates an assessment of the particular circumstances of the case. Factors which are likely to require consideration include: (a) The length of the delay. Clearly, the time period between the expiry of the appe...

3. N Ltd v Q Ltd [2024] NZDT 177 (11 April 2024) [pdf, 197 KB]

   ...seeking an order that it is not liable to pay the amount sought of $500.00. N Ltd is seeking a declaration of non-liability in relation to late fees and debt collection fees. 8. There was no attendance at the hearing by or on behalf of Q Ltd. This matter was originally listed for hearing on 6 December 2023. Q Ltd sought an adjournment of that matter as it’s representative LU, was unavailable on that date. The matter was relisted for hearing on 20 February 2024, but the applicant w...

4. M Ltd v P Ltd [2023] NZDT 416 (30 August 2023) [pdf, 200 KB]

   ...decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised...

5. HI v LX [2023] NZDT 148 (31 May 2023) [pdf, 199 KB]

   ...are several essential elements to a misrepresentation: a. A statement: In most circumstances, silence cannot be a misrepresentation. There has to be a positive statement, either verbally or in writing. b. Falsity: The statement must be about a matter of fact – something that can be proven or disproven – and not an expression of an opinion. A statement of opinion is not a misrepresentation provided that there are reasonable grounds for holding the opinion. It does not matter...

6. EM v KU [2024] NZDT 662 (15 September 2024) [pdf, 193 KB]

   ...of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised as part...

7. T Ltd v H Ltd [2024] NZDT 735 (15 October 2024) [pdf, 103 KB]

   ...of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised as part...

8. Van Wey Lovatt v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 150 (24 September 2024) [pdf, 165 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 150 ACAR 130/23 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 162 OF THE ACT BETWEEN AMY VAN WEY LOVATT Applicant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: On the papers Submissions: The Applicant is self-represented H Evans for the Respondent Judgment: 24 September 2024 ______________________...

9. W Ltd v X Ltd [2025] NZDT 6 (14 January 2025) [pdf, 197 KB]

   ...of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised as part...

10. Tana v Mahanga - Puhakaha East 5B [2025] Māori Appellate Court MB 510 (2025 APPEAL 510) [pdf, 329 KB]

    ...Tana’s application for a review of trust without a hearing and, accordingly, did not provide Mr Tana an opportunity to be heard or respond to the respondents’ submissions concerning the review application; (b) this was a breach of natural justice; and (c) Mr Tana was prejudiced by the failure to hold a hearing. [5] The Māori Appellate Court granted the appeal, directed a rehearing, and revoked the first costs decision.5 [6] The Māori Appellate Court cautioned Mr Tan...