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1. FD v B Ltd [2021] NZDT 1714 (23 December 2021) [pdf, 152 KB]

   ...Omissions 4.1 The Client acknowledges and accepts that the Contractor shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s); (a) resulting from an inadvertent mistake made by the Contractor in the formation and/or administration of this Contract; and/or (b) contained in/omitted from any literature (hard copy and/or electronic) supplied by the Contractor in respect of the Works” 17. B Ltd discovered that it had made a mistake in...

2. Fox-Warren v Accident Compensation Corporation (Treatment injury/Revocation of Cover) [2025] NZACC 116 (16 July 2025) [pdf, 176 KB]

   ...address the ongoing pain in her tooth. Mr Goga observed that Ms Fox-Warren had recently had a root canal and diagnosed the pain as “chronic apical periodontitis associated with tooth 17”. Dr Goga did not observe signs of a facture. Dr Goga performed a further root canal. [3] On 12 April 2021, Dr Paul Scott, Dentist, treated a fracture in Ms Fox-Warren’s tooth. [4] On 4 August 2021, Dr Scott filled Ms Fox-Warren’s tooth 17. [5] On 1 February 2022, Ms Fox-Warren’s toot...

3. ZH v C Ltd [2024] NZDT 17 (10 February 2024) [pdf, 194 KB]

   ...repayment of the $2,400.00 is owed to her because she did not cause the damage. She claims the damage was done after delivering the car to where she was instructed to leave it by C Ltd. 4. ZH claims C Ltd deducted money from her account without informing her that they were going to do so due to damage they found when picking up the car. 5. The issue for the Tribunal to determine is whether there is a breach of the terms and conditions of agreement, Whether ZH did damage to the re...

4. BORA Maungaharuru-Tangitū Hapū Claims Settlement Bill [pdf, 286 KB]

   ...articles 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to sections 20 and 27 (2) of the Bill of Rights Act. [4] Exclusion of Remedy of Compensation - clauses 30(3) and 34(3) 10. Clause 30(3) excludes any form of monetary compensation as a remedy for any failure of the Crown to comply with Te Kawenata (a partnership agreement between MTI and the Crown applying to a specified area). Clause 34(3) is a similar provision excluding any form of...

5. Taylor v Department of Corrections (Strike-Out Application) [2020] NZHRRT 42 [pdf, 137 KB]

   ...DATE OF DECISION: 20 October 2020 DECISION OF TRIBUNAL STRIKING OUT CLAIM1 [1] In 2014, while in prison, Arthur Taylor sent a letter to Brian Hunter. The letter was withheld by the Department of Corrections (Corrections). Mr Taylor requested that the letter be returned to him, however this request was refused by Corrections. Mr Taylor complained to the Privacy Commissioner. The Privacy Commissioner concluded there was a breach of information privacy principle (IPP) 6 a...

6. [2007] NZEmpC AC 19/07 Cuttriss v Carter Holt Harvey Ltd [pdf, 106 KB]

   ...be maintained on existing terms and conditions. Southern Cross Benefits will continue as currently provided. [I observe this Plan is not the same as KSP433.] … 16. COMPANY POLICIES The Company has policies, guidelines and procedures that form part of your terms of employment and you must comply with them at all times. The policies, guidelines and procedures are readily available on the Carter Holt Harvey Human Resources Intranet site and you should familiarise yourself with t...

7. KE Ltd v BO Ltd [2020] NZDT 1536 (18 June 2020) [pdf, 92 KB]

   ...necessary repairs to pass a COF check. 2. KE claims that BO kept delaying making a decision about the repairs, and became difficult to contact. On 12 February 2019, KE emailed BO stating “Your vehicle is now impacting our business”, and attaching formal notice that it would start charging a parking fee from the next day of $150.00 plus GST per day. The email and attached notice both ended, “To avoid further penalties, please contact us immediately.” BO did not respond to that emai...

8. IO v D Ltd [2024] NZDT 59 (13 February 2024) [pdf, 144 KB]

   ...on or before 5pm on 13 March 2024. If he does not collect the car D Ltd can dispose of it in any manner it sees fit but IO is not entitled to a refund. Referee: K O’Shea Date: 13 February 2024 Page 3 of 3 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 reh...

9. [2010] NZEmpC 109 Rolling Thunder Motor Co Ltd v Kennedy [pdf, 34 KB]

   ...services from other businesses in the BarterCard scheme. It operates in a similar way to company credit cards. 8 The Plaintiff agreed to open the account with BarterCard. 9 To make the BarterCard scheme more relevant to the Plaintiff the Defendant requested that some employees of the Plaintiff (including herself) have their own personal accounts on the Plaintiff’s BarterCard account. This would allow them to make personal purchases for themselves and the employees would then reimb...

10. LCRO 117/2017 LA v KB (11 December 2019) [pdf, 157 KB]

    ...lodged a complaint with the Lawyers Complaints Service on 17 November 2016. He said he did so in his capacity as a trustee of the NB Trust, whose interests he said were “creditors” in the liquidator’s claim against the Council. [14] He requested an investigation into Mr BAK’s “fee and its structure” which he said was unfair to him, and to the public at large. He sought a refund of the fees charged by Mr BAK, and disciplinary sanction by way of a fine against Mr BAK....