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

   ...Corporation seek confirmation from Mr Schweder that Mr Fong’s personal injuries are no longer the cause of his incapacity and more likely than not due to multilevel spondylosis that predated his accident on 6 May 2021. [39] The Corporation then requested an opinion from Mr Schweder which was difficult to obtain due to the pressures on his practice at the time. While Mr Schweder convened a telehealth consultation with Mr Fong and discussed treatment options, he did not provide a...

2. J. Kim v K. E. H. Kim [2016] NZIACDT 32 (22 June 2016) [pdf, 172 KB]

   ...information required. She submitted that LTB Visa application with a business plan for the complainant and her family in August 2011. [6.6] In January 2012, Immigration New Zealand approved the LTB Visa and wrote to the complainant, care of Ms Kim, requesting passports to complete the process for issuing visas. Ms Kim emailed the complainant stating that Immigration New Zealand could not issue the visas until she paid the balance of Ms Kim’s fees. She told the complainant this was a re...

3. Layton v Aon New Zealand Ltd [2018] NZHRRT 48 [pdf, 286 KB]

   ...2018 DECISION OF TRIBUNAL1 [1] In July 2015, Lorna Layton had a work place accident. The insurer in respect of her injury was Aon New Zealand Limited (Aon). Difficulties arose between Ms Layton and Aon. On 19 February 2016, Ms Layton requested Aon to provide her with her personal information. 18 March 2016 was the last working day for providing a decision on this request under the Privacy Act (PA). On 6 March 2016, Aon provided her with a copy of her file. Ms Layton...

4. NX v HD [2024] NZDT 233 (28 March 2024) [pdf, 196 KB]

   ...to whether a further building could be included, which it could not, so they did not stand to gain financially from the survey result, or fees expended; and d. I considered whether the D’s could be said to have benefitted from the additional information gained, even though it did not prove beneficial, but even so, I am not satisfied that this outcome has resulted in unjust enrichment. 15. As I find that there was no contract, and no quasi-contract resulting in unjust enrichment, it...

5. Re Puia (Rejection of Statement of Claim) [2023] NZHRRT 29 [pdf, 158 KB]

   ...DATE OF DECISION: 25 September 2023 DECISION OF TRIBUNAL THAT INTENDED STATEMENT OF CLAIM NOT BE ACCEPTED FOR FILING1 [1] On 26 April 2023, Ms Puia presented for filing in the Tribunal a statement of claim (on the official claim form) purportedly filed under s 98 of the Privacy Act 2020 (the Act). [2] The form on page 5 after Step 3 states: Please tick the boxes that apply to you (refer to the relevant Certificate or notice given by the Privacy Commissioner or [if ap...

6. HK & QK v JF Ltd [2023] NZDT 334 (26 May 2023) [pdf, 123 KB]

   ...is set-off against the unpaid balance of invoices of $3493.70, represented by JF Ltd’s counter-claim, leaving an amount for JF Ltd to pay to HK and QK of $5021.38. Referee Perfect Date: 26 May 2023 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe...

7. Mihaka v Housing New Zealand Corporation (Dismissal) [2017] NZHRRT 29 [pdf, 278 KB]

   ...was assisting Mr Mihaka with his case and that Mr Mihaka had decided to reinstate Mr Bourke as counsel. She also advised Mr Mihaka would not be able to file his statement of evidence until he had received a copy of the Police file (which had been requested by him). 4 [17] On or about 25 May 2016 the Tribunal received from Mr Mihaka a handwritten note advising he had authorised Ms Raue to act “as Māori agent” regarding all court and tribunal matters arising from the allegati...

8. Algie & Ors v ACC [2013] NZACA 1 [pdf, 118 KB]

   ...BEFORE THE ACCIDENT COMPENSATION APPEAL AUTHORITY R Bedford HEARING at Wellington on 7 & 9 November 2012 APPEARANCES/COUNSEL Mr J Miller for appellant Mr P McBride for respondent DECISION Introduction [1] The appeal is brought as a form of class or representative action under the aegis of the named appellant and 20 other appellants in respect of retrospective claims for backdated attendant care payments under the 1972 and 1982 Acts. [2] At the Authority’s direct...

9. NB v UJ Ltd [2021] NZDT 1498 (23 April 2021) [pdf, 187 KB]

   ...hearing Mr S argued that NB was aware that there were works taking place on the road and had not made a reasonable effort to protect his assets. Mr S pointed out that there were two flyers sent to property owners by Fulton Hogan and Auckland Transport informing them of the work. He also argued that it is common knowledge and NB ought to have been aware that concrete pouring could cause harm, and taken steps to keep his business assets safe. 10. The flyers inform residents that work on...

10. BC v GN [2021] NZDT 1674 (28 November 2021) [pdf, 203 KB]

    ...BC. 4. The issues I must decide are: a. What terms were agreed? b. Was the contract frustrated? c. Is BC entitled to $581.00 as claimed, or to any other sum? What terms were agreed? 5. Under contract law, a legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end, and what was agreed is looked at objectively, i.e., by looking...