Search Results

1. Proactive-release-ProactiveofLegalAssistance_FINAL.pdf [pdf, 1.4 MB]

   ...analysis and undertake consultation. Date of issue: 03 July 2025 The following documents have been proactively released in accordance with Cabinet Office Circular CO (23) 4. Some information has been withheld on the basis that it would not, if requested under the Official Information Act 1982 (OIA), be re leased . Where that is the case, the relevant section of the OIA has been noted and no public interest has been identified that would outweigh the reasons for withholding it. No. D...

2. LCRO 8/2021 CK v SE (23 November 2021) [pdf, 284 KB]

   ...professional duties owed to Ms AF she could not comment on the contents of Mr CK’s 28 July email without Ms AF’s authorisation. Complaint [8] Mr CK lodged a complaint with the Lawyers Complaints Service (LCS) on 3 September 2020. (1) Request [9] He sought a determination that Ms SE had breached professional ethics by “specifically ask[ing]” the trust’s lawyer in her letter of 8 April 2013 not to provide Ms AF’s “acceptance of a proposal” to [Mr CK] “until [th...

3. Fraser v Accident Compensation Corporation (Cover and Entitlements) [2025] NZACC 150 [pdf, 312 KB]

   ...arthroscopic medial meniscectomy. [7] Following internal clinical advice, on 1 February 2024, the Corporation declined cover for a left knee medial meniscus tear and the requested funding for the surgical treatment. [8] According to the injury claim form dated 13 June 2023, on 12 June 2023, Mr Fraser slipped and fell twisting his left knee and he could not bear weight well. The diagnosis was suspected internal derangement of the left knee. ACC granted cover for this condition....

4. NG & UG v B Ltd [2023] NZDT 502 (30 August 2023) [pdf, 107 KB]

   ...because that was the basis on which the proposed management fee was reduced from 6% to 5%. 6. Although B Ltd implemented the 5% fee in the expectation that the new contract would be signed, I consider that this was a situation in which a degree of formality was expected, and the new contract would not become binding until it was signed by both parties. Meanwhile, the CI0301_CIV_DCDT_Order Page 2 of 3 original contract, which rolled over at the expiry of the 12-month term, remained i...

5. E v G [2023] NZDT 32 (10 February 2023).pdf [pdf, 209 KB]

   ...with it since he purchased it. E did not dispute that and he also inspected the engine and says he could see it wasn’t in the greatest shape. Was the contract conditional on the engine being in running order? 7. I find that the contract was formed unconditionally because E inspected the engine, a price was agreed and G sent him an email on 31 May stating “Sold as is where is. Comes with wiring kit and gauges and bits. Turbo risers will be here later this week” and provided...

6. IT Ltd v HI Ltd [2023] NZDT 572 (29 November 2023) [pdf, 93 KB]

   ...together with $23.56 in penalty interest to date, $628.00 for the statutory demand, and $519.27 in other collection costs. HI Ltd did not pay, and IT Ltd now seeks payment of the invoice with interest and collection costs. The amount stated on the claim form was $5,502.69, but this seems to be an error, being the total of the invoices originally referred to debt collection. 3. The issues to be determined are: a) Is HI Ltd entitled to deduct more in damages for the door? b) Is IT Ltd e...

7. Q Ltd v B Ltd [2023] NZDT 438 (11 July 2023) [pdf, 112 KB]

   ...from UE on 9 January 2023 arranging for the two course enrolments. E-mail confirmation of the enrolments was sent to UE's personal e-mail address. 6. On the morning of the courses, being 10 January 2023, UE and MX completed Learner Enrolment Forms which on the second page have space for details about who is paying the bill. 7. Both UE and MX ticked “company account”. UE provided the name “[B Ltd]” and EU provided the name “[B Ltd]” and gave an e-mail address for t...

8. BI v A Ltd [2024] NZDT 833 (19 September 2024) [pdf, 94 KB]

   ...evidence for another vehicle behind him being involved and/or causing all of the damage to all vehicles. Even if it were to be accepted that another vehicle hit the rear of his vehicle, it is not known in what order the impacts occurred. QA’s claim form states “Car in front of me made a random abrupt stop for no reason. I lightly tapped his rear bumper – no damage so we agreed to no action.”, and then “Car behind hit my rear end + fled the scene. No ID.” 5. The above statem...

9. B Ltd v QM [2024] NZDT 288 (8 May 2024) [pdf, 93 KB]

   ...touch with him to discuss completion of the work. 4. B Ltd then sent QM a letter advising they “had arranged to finish uncompleted projects”. In order to proceed, they asked QM to review the details in the letter and sign as agreed. The information in the letter included the amount payable and the scope of work. QM signed the letter as being accepted. 5. The motorised louvre was duly completed and installed, with an invoice being raised for the balance of the louvre price.

10. BS & CS v C Ltd [2024] NZDT 314 (20 April 2024) [pdf, 91 KB]

    ...supplied to a consumer, there is a guarantee that the service will be carried out with reasonable care and skill. CGA s 29 provides that services must be reasonably fit for any purpose the consumer makes known to the supplier before the contract is formed, unless the circumstances show that the consumer does not rely on the supplier's skill or judgment, or it would be unreasonable for the consumer to do so. CI0301_CIV_DCDT_Order Page 2 of 3 7. I consider that the supplier failed...