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1. [2022] NZACC 180 — Coldrick v ACC (20 September 2022) [pdf, 176 KB]

   ...injury in February. His arthritis in the medial compartment would have been pre-existing. Given that he has had a significant accident and has definite weakness and laxity in his knee now, he needs a good rehab program. I think it should be the responsibility for ACC or his accredited employer program to fund a comprehensive gym-based rehab program to maximise and help him recover from what happened in February of this year. I wouldn’t be expecting funding 3 to cover trea...

2. Auckland Standards Committee 4 v Holdaway [2022] NZLCDT 49 (22 December 2022) [pdf, 145 KB]

   ...duties is to protect the interests of the public and thereby maintain public confidence in the provision of legal services.1 To achieve that purpose, among others, the Lawyers and Conveyancers Act 2005 (the Act) provides what it terms a “more responsive regulatory regime.”2 One such responsive tool is the power of interim suspension, to suspend a lawyer from practice “until the charge has been heard and disposed of.”3 [2] This judgment gives reasons for our order of 16 Decem...

3. [2022] NZEmpC 144 Vulcan Steel Ltd v Manufacturing & Construction Workers Union [pdf, 231 KB]

   ...in the context of an ongoing, and somewhat longstanding, employment relationship. He noted this was a relevant consideration in E Tū Inc v New Zealand Transport Agency.12 [26] However, in this case, it is clear that Vulcan Steel was primarily responsible for the multiple drafting issues that arose. [27] Although the Court’s conclusions may be of assistance to both parties in any subsequent bargaining, we do not think, in the particular circumstances, this factor should resul...

4. P Trust v IAG New Zealand Ltd [2020] CEIT-2019-0024 [pdf, 225 KB]

   ...independent experts are difficult to obtain.”4 The situation has not improved since. [18] There are before this Tribunal cases involving nine separate insurers. However, excepting EQC, around half of the cases involve IAG, or AMI (now Southern Response). I note that currently IAG underwrites approximately 50% of the domestic insurance market. This means that both through the history of Canterbury Earthquake litigation, and currently, there are relatively few experienced, well q...

5. DC v JBD Ltd [2021] NZDT 1379 (11 March 2021) [pdf, 203 KB]

   ...whether there was a contract term that B would be insured by JBD while it was on JBD’s premises and if so, whether JBD is liable to compensate BD if JBD refuses to make a claim on its insurers; (c) In the alternative, whether JBD has breached its responsibility as a Bailee to take reasonable care of the painting. (d) Whether AD is entitled to compensation from JBD for the painting, and if so, how much. Did RI deliver the painting B to JBD on 29 July 2019? 12. The onus to prove a c...

6. LAT - Practice note - 2022 [pdf, 270 KB]

   ...the Act on receipt of reasons why waiver is just or appropriate in the circumstances. Section 15(5) 28. An application for review for a person who, due to mental or physical infirmity, is incapable of completing an application may be made by any responsible person (including an officer of the Public Trust) with sufficient knowledge of the applicant’s affairs. Clause 17, Regulations 29. An application by a person who is not resident in New Zealand may be made by the applicant’s lawye...

7. CU v QD Ltd [2022] NZDT 48 (19 May 2022) [pdf, 216 KB]

   ...received from QD Ltd, both before and after he placed his order, contained the message “Please Note: If we have art approved and your order has been paid for by 9.00am on any business day, your order will be with you the Next Day!”. He said the responses from QD Ltd about when his order would be delivered were not honest. CI0301_CIV_DCDT_Order Page 2 of 4 6. CU says he did not receive the booklets within the timeframe promised and that the advertising statements about next day...

8. CQ and others v JT [2023] NZDT 744 (14 December 2023) [pdf, 224 KB]

   ...work on the fence was stopped? g. If not, what remedy is available to the applicants? 7. The relevant law is the Fencing Act 1978 which provides a regime where occupiers of neighbouring land not separated by an adequate boundary fence are responsible for sharing the costs of an adequate fence. Does the Tribunal have jurisdiction to hear this matter? 8. The Disputes Tribunal does not have jurisdiction to hear every claim that is filed. Its jurisdiction is limited by the Di...

9. 20230328-Integrity-Sport-and-Recreation-Bill.pdf [pdf, 143 KB]

   ...harassment, intimidation, and racism, and other forms of discrimination. 7. The ambit of the Commission will include grassroots and community sport and physical recreation as well as elite sport. Sport and physical recreation organisations will still be responsible for managing and resolving integrity issues in an appropriate way. However, the Commission will provide education, guidance, and independent pathways for the resolution of complaints and integrity matters. 8. The Bill will e...

10. KH v J Ltd [2024] NZDT 166 (5 February 2024) [pdf, 238 KB]

    ...different coloured headlights. J Ltd makes a valid point that if KH had raised his concern when he first picked the vehicle, there would likely be some reference to that in the later emails. However, there is no such reference and I agree that the response email from J Ltd tends to suggest this is the first time that it has been made aware of a concern about the colours. The immediate response by J Ltd is to offer to try to match the colour of the new head light bulb with the existing b...