Search Results

1. Easthope v Accident Compensation Corporation (Entitlements) [2023] NZACC 158 [pdf, 209 KB]

   ...Easthope was intending to apply for weekly compensation, noting that the Corporation would have to decline weekly compensation as it was understood that Mr Easthope had not been an earner at the date of injury. [23] Mr Easthope sent several emails in response. While he did not clearly say whether he wished to apply for weekly compensation, he did mention that he believed he had “all the elements of reaching the threshold of weekly compensation”. [24] A decision was issued on...

2. XD v KA [2023] NZDT 348 (30 June 2023) [pdf, 193 KB]

   ...hearings was actually the person he had bought the fish from, who originally gave his name as KA. He said this conclusion was supported a message regarding the purchase of the fish that he sent to “BX” asking for BX’s real name, to which the response was “KA”. XD also said that the bank had told him the bank account which he had transferred the money to was in the name of “BX”. 12. BX’s explanations at the hearings were contradictory and not compelling. At first he de...

3. TU v TN Ltd [2023] NZDT 484 (26 September 2023) [pdf, 209 KB]

   ...in January 2023. The rug was recommended by her interior designer. In March she noticed it was starting to fade badly, and in April she took photos which she sent to her designer. The designer approached TN Ltd in May. 4. TN Ltd’s initial response noted the patchy appearance of the fading and said this was inconsistent with sun fading as there would be a more even overall change in colour. It asked whether the rug had been cleaned or whether any chemicals had been used on the...

4. TG & TS v NS & Ors [2023] NZDT 332 (9 August 2023) [pdf, 207 KB]

   ...by BH hit the back of TS’s car, and that this collision was caused by BH failing to stop his car safely behind TS’s car. 10. The law that applies is the law of negligence. Drivers must take reasonable care in operating their vehicle and are responsible for any reasonably foreseeable damage suffered as a result of a failure to do so. 11. The duty to take reasonable care includes a duty to follow the Land Transport (Road User) Rule 2004 (“the Rules”). Rule 5.9(3) provides t...

5. Brown v Accident Compensation Corporation (Leave to appeal to the High Court) [2023 NZACC 204] [pdf, 252 KB]

   ...part of ACC, with the use of the words: If the Corporation decides that the section (2) amount is not a reasonable representation of the person’s earnings … [17] Mr Hlavac submits that Parliament intended that ACC, as the statutory body responsible for administering the Accident Compensation Act, should have a discretion in the circumstances of any individual case to determine whether a person’s tax return should be relied on to determine their earnings, or whether a reasona...

6. N Ltd v SH [2023] NZDT 295 (24 May 2023) [pdf, 126 KB]

   ...and Commercial Law Act 2017 (CCLA), under which the carrier shall not be liable for the loss of or damage to any goods, except where the damage or loss is intentionally caused by the carrier.’ Clause 3.9 states that ‘You agree that it is your responsibility to arrange full insurance cover of all your goods which you hand over to us or instruct us to be transported as we will not be liable for the loss of or damage to any goods except where the damage is intentionally caused by us....

7. Duff v Prentice - Te Moanapapaku Ahu Whenua Trust (2023) 470 Aotea MB 22 (470 AOT 22) [pdf, 227 KB]

   ...confirmation of any publication restrictions in relation to the District Court proceeding. 2. This is an application under section 240 of Te Ture Whenua Māori Act 1993 for the removal of Kayall Kirimangu Rangitakaroa Prentice (Kayall) as a responsible trustee of the Te Moanapapaku Trust. The trust administers land of approximately 154 hectares. There are 73 owners and there are three trustees, Mr Granville Duff, Ms Hirere Te Moana and Kayall. Hirere Te Moana was originally app...

8. Proactive-Release-Electoral-Expenditure-Limit-Order-2024_FINAL.pdf [pdf, 279 KB]

   ...has determined that proposal to adjust electoral expenditure limits to account for inflation is exempt from the requirement to provide a Regulatory Impact Statement on the grounds that government has limited statutory decision-making discretion or responsibility for the content of proposed delegated legislation. Publicity 13 For elections and by-elections with a regulated period beginning after 1 July 2024 the Electoral Commission will publicise the 2024 adjusted expenditure limits....

9. U Ltd v B Ltd (2023) NZDT 591 (14 November 2023) [pdf, 204 KB]

   ...delay. K acknowledged that he had also been struggling with other events in his life at that time and did not cope well with the time pressure of this job – this is consistent with U LTD’s comprehensive description of K’s behaviour and actions in response to their attempts to find out what was holding up the job and arranging for other parties to assist with moving things forward. 9. Based on all the information supplied by both parties, I find that U LTD’s reasonable efforts t...

10. M Ltd v ON [2023] NZDT 389 (21 September 2023) [pdf, 113 KB]

    ...digger from ON. XC says that ON misrepresented the condition of the digger, and claims compensation. [2] XC said that he saw the digger advertised on Trademe in March 2022 at a price of $7,000.00. He contacted ON, who had placed the advertisement. In response to his enquiry, ON said that the digger had been regularly serviced. XC produced a copy of an email message from ON, who stated that “Yes, it had been serviced regularly..”. The parties agreed a price of $6,500.00, and the digge...