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1. L v EQC [2021] CEIT-2019-0036 [pdf, 411 KB]

   ...is a disparity in 3 Taylor v Asteron [2020] NZCA 354 at [109]. the information available to the parties; the insured holds all the information about the claim and has control over which information they provide. While insurers have tools and resources to investigate losses, the system necessarily requires honesty from the claimant. The development of the law of fraud in insurance is an aspect of the duty of utmost good faith, which has developed due to the risk sharing relations...

2. NZCVS-Cycle-5-Perceptions-of-safety.xlsx [xlsx, 378 KB]

   ...perception of safety – Sampling error 8 Burglary by perception of safety – Estimates 8a Burglary by perception of safety – Sampling error 1 New Zealand Crime and Victims Survey (NZCVS) Key findings – Cycle 5 (2021/22) (available at Resources and results) Enquiries Contact us for further information about these and related statistics Suggested citation Ministry of Justice. 2023. New Zealand Crime and Victims Survey. Key findings Cycle 5. Perceptions of safety. [Data fi...

3. OIA-109631.pdf [pdf, 3.4 MB]

   ...exceptional cases, the Tribunal can grant an application for an urgent inquiry into claims. This may include strict timetables for filing of evidence, hearings and cross-examination. If this were to occur, it would require a significant investment of time and resources from the Ministry. 18. We will advise the Government on how best to respond to these issues should they arise. Options for the use of unspent section 27 funding 19. The Government has committed to end funding for section 27 r...

4. 1.-Full-List-of-Fee-Changes-23-July.pdf [pdf, 366 KB]

   ...Order in Council, instrument, permit, consent, or notice under the (a) Forests Act 1949 $20 $22 (b) Land Transfer Act 1952 (c) Government Roading Powers Act 1989 (d) Māori Affairs Restructuring Act 1989 (e) Crown Minerals Act 1991 (f) Resource Management Act 1991 (g) Heritage New Zealand Pouhere Taonga Act 2014 (h) Climate Change Response Act 2002 (i) Building Act 2004 Filing an application in respect of the following: (a) transmission of order for payment of money to...

5. LCRO 103/2022 RP v DQ (25 September 2024) [pdf, 272 KB]

   ...report was only provided after she had indicated she would be making a complaint about Mr FG.32 • Ms RP’s assertion that Mr FG was biased against her. • Comments that Mr FG approached his task through the lens of a big firm with more resources available than were available to her. • Mr FG had not taken into account the contributing conduct of Ms DQ and Ms CY. [80] Overall, Ms RP rejected Mr FG’s report, and stood by her invoice as rendered. Discussion [81]...

6. M v Accident Compensation Corporation (Treatment Injury) [2024] NZACC 88 [pdf, 366 KB]

   ...treatment. (2) Treatment injury does not include the following kinds of personal injury: (a) personal injury that is wholly or substantially caused by a person’s underlying health condition: (b) personal injury that is solely attributable to a resource allocation decision: (c) personal injury that is a result of a person unreasonably withholding or delaying their consent to undergo treatment. [65] Treatment is defined in s 33 to include, diagnosis of a person’s medical conditi...

7. [2022] NZACC 8 – N v ACC (20 January 2022) [pdf, 303 KB]

   ...relatively similar, it was reasonable for the Corporation to amalgamate the two applications and treat them as duplicates. In my opinion, it is reasonable the Corporation has some discretion to treat claims as duplicates to ensure that public resources are not wasted setting down hearings for duplicate matters. [106] Having concluded the Corporation was entitled to treat both review applications as relating to the same decision letter, the next issue which arises is whether th...

8. [2019] NZEmpC 34 Emmerson v Northland District Health Board [pdf, 908 KB]

   ...to retain house officers without overworking them. A related issue was that a physical health nurse had previously the responsibility to perform this work up until August 2014; but by the time these events occurred, there was no longer such a resource. January 2015 [57] In an email sent on 6 January 2015 by Dr Roberts to Dr M and Dr N, he said he had met with Dr Loo who stated she had found working with Dr Emmerson very difficult, not least because of the workload arising from t...

9. National Standards Committee v Shand [2019] NZLCDT 2 [pdf, 3.2 MB]

   ...It was not reasonable that he put in place an alternative funding arrangement, whereby Mr Bligh would seamlessly be able to continue the litigation with representation on terms that he had made other arrangements for fees out of some personal resources. This led to the unfortunate situation where Mr Bligh’s lawyer had to apply to the Court for leave to be removed from the role of litigation lawyer for Mr Bligh. [61] We address some of the arguments formally put for Mr Shand. It...

10. LCRO 239/2017 AB v CD (3 July 2019) [pdf, 250 KB]

    ...keep the client advised of alternatives to litigation that are reasonably available. By imposing this duty, the rule aligns with the approach taken in the International Code of Ethics.21 [113] With the intention of avoiding the expenditure of resources, cost and uncertainty of outcome with litigation, many commercial contracts typically provide alternative disputes resolution (ADR) clauses, which may include the obligation of the parties to first, negotiate in good faith and, if un...