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  1. B Ltd v JD [2024] NZDT 285 (7 March 2024) [pdf, 165 KB]

    ...either a contractual or a quasi-contractual basis? Was there a valid and binding contract between B Ltd and JD? 12. A contract may be defined as a legally binding agreement or a promise or set of promises between two or more parties that the law will enforce. For a contract to be formed there needs to be an agreement, an intention to create legal relations and consideration. 13. A document was produced to the Tribunal dated 4 May 2023 and entitled “letter of preliminary e...

  2. EU & SU v KC [2024] NZDT 615 (15 July 2024) [pdf, 128 KB]

    ...are reasonably necessary to carry out the work on the fence and retaining wall. 7. Any such entry to [Address 2] shall be exercised so as to cause as little damage possible to the land entered upon and as little disturbance as possible to persons lawfully on the property. The contractor may cut back or remove any trees, vegetation or structures that are on or near to the boundary and are reasonably required to be removed in order to build the fence and retaining wall. CI0301_CIV_D...

  3. Karauti – Succession to George or Hori Kiwa Tukuai (2000) 116 Otorohanga MB 81 (116 OT 81) [pdf, 777 KB]

    ...consented to those interests derived through George's father Kiwa being vested in the Tukua side of the family. This means that the only matter now of dispute before the Court is the interest in Maketu C2B which is devised to the applicant. The Law: Te Ture Whenua Maori Act 1993 came into force on 1 July 1993. Although the Will was executed on 2 March 1993, prior to the coming into force of the Act,. Part IV of the Act relating to administration of estates and successions still...

  4. Brownlee v Accident Compensation Corporation (Cover and Suspension of entitlements) [2025] NZACC 008 (14 January 2025) [pdf, 253 KB]

    ...cover for two key reasons. First, there is no evidence of a disc prolapse, rather disc bulging is evident at L4/5. Secondly, bulging is consistent with the widespread changes throughout the lumbar spine. [43] Mr Hinchcliff counters there are flaws in the evidence on which the Corporation relies because they discussed degeneration rather than provide explanation of the accident as cause. The imaging evidence of multilevel disc degeneration is underscored by Mr Colvin, Professor Grif...

  5. O'Neill v Accident Compensation Corporation (Cover) [2024] NZACC 191 (26 November 2024) [pdf, 250 KB]

    ...Accident Compensation Corporation v Ambros [2007] NZCA 304, [2008] 1 NZLR 340. 4 Cron v Accident Compensation Corporation [2011] NZACC 39. [29] The Courts have approved ACC's hernia claim guidelines which, while not having the force of law, are helpful guides in determining whether a hernia may have been caused by an accident. … [44] As ACC acknowledges, the Traumatic Hernia Guidelines do not have the force of law, but they are supported by medical literature such a...

  6. Estate of Moloney v Accident Compensation Corporation [2024] NZACC 203 [pdf, 191 KB]

    ...agreed that the jurisdiction issue may be determined on the papers (without a hearing), with final submissions due by 12 April 2024. [43] On 4 December 2024, the present Judge was assigned to decide the jurisdictional matter. 11 Relevant law [44] Section 32 provides: (1) Treatment injury means personal injury that is— (a) suffered by a person— (i) seeking treatment from 1 or more registered health professionals; or (ii) receiving treatment from, or at the directio...

  7. Fong v Accident Compensation Corporation (Suspension of entitlements) [2025] NZACC 004 (13 January 2025) [pdf, 239 KB]

    ...identified a more specific medical condition as having arisen from that injury event, that condition is to be taken as being included in the covered injury. [28] Before I turn to consider the medical evidence in the case, I first deal with the case law cited by Mr Hinchcliff. [29] In respect to Lyth, I adopt the approach taken by Judge Powell (as he then was) in MacMillan.5 Judge Powell had noted the source of Judge Beattie’s observations in Lyth was unclear. The Court held...

  8. [2025] NZLVT 009 - Jansseune v Kaipara District Council (14 March 2025) [pdf, 9.3 MB]

    ...all. In fact, although it is not for this Tribunal to go further, we conclude that Mr Jansseune has significantly overstepped the mark in his assertions. His suggestion that these assertions have been proven is without any foundation in fact or law. Issue 6 This seems to raise the issue of QV sales and comparisons again. As we noted, this appears to be a general attack on the basis of valuation in New Zealand. The comparative method seeks to identify the closest comparable sales...

  9. PPM 2024 Key Results [pdf, 6.4 MB]

    ...and confidence are measured across different parts of the justice system ................. 2 1.3 PPM measures are examined by demographics and level of victimisation............................ 3 2.1 Most adults had at least some trust in the law system .......................................................... 5 2.2 Most adults had at least some trust in the justice system ..................................................... 8 2.3 Trust was highest for victim services and Police b...

  10. LCRO 77/2024 KU v CI (9 April 2025) [pdf, 170 KB]

    LEGAL COMPLAINTS REVIEW OFFICER ĀPIHA AROTAKE AMUAMU Ā-TURE [2025] NZLCRO 047 Ref: LCRO 77/2024 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a decision of the [Area] Standards Committee [X] BETWEEN KU Applicant AND CI Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] Ms KU has applie