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1. Te Manutukutuku Issue 23 [pdf, 2.5 MB]

   ...Crown Research Institutes or health sector entities are subject to the protection mechanism. Land owned by regional or territorial authorities, State Owned Enterprises and some tertiary institutions are excluded. The Department of Survey and Land Information (DOSLI) will be responsible for sending a list of all sur­ plus land to iwi at regular intervals. The lists will also be published in national newspapers. Iwi will be given a minimum of 30 days to file their response. Information...

2. K Ltd v V Ltd [2023] NZDT 598 (27 November 2023) [pdf, 207 KB]

   ...regularly explained these clauses to their customers. 11. As the clauses outlined above were incorporated in the terms which were signed prior to the supply of the truck, and the truck was supplied on the basis of that contract, I find those clauses formed part of the contract between the parties. 12. In a commercial context, the general rule is that, in the absence of fraud or misrepresentation, a party is bound by a clause even if he or she has not read it. A signature conveys a

3. Zhong v Auckland Council [2011] NZWHT Auckland 32 [pdf, 264 KB]

   ...Crowe‟s evidence is based on invasive testing and none of the other experts concur with Dr Walls. Liability for the apron flashing defects [30] The panel of experts was asked to give their opinion on whether the apron flashings were formed correctly, the stage of construction when kick- outs should have been formed and the trade responsible. All experts agreed that the apron flashings were required to be installed with sufficient length to enable a diverter to be craft...

4. Tai Rakena v Corrections (Strike-Out Application) [2018] NZHRRT 19 [pdf, 84 KB]

   ...DECISION: 17 May 2018 DECISION OF TRIBUNAL1 [1] By application dated 4 May 2018 the Chief Executive, Department of Corrections has applied to have these proceedings struck out on the grounds: [1.1] The Tribunal lacks jurisdiction to hear the claim as no investigation has been conducted in terms of the Privacy Act 1993 (PA), s 82(1)(a). It is submitted the policy reasons in Gray v Ministry for Children (Strike-Out Application) [2018] NZHRRT 13 apply. [1.2] Mr Tai Rakena has f...

5. M (C M Trust) v Tower Insurance Ltd [2019] CEIT-2019-0012 [pdf, 213 KB]

   ...specified documents from Tower. They have taken care to particularise those documents they seek. They say that such documents are or may be relevant to issues before the Tribunal because they relate to their claim that Tower wrongly declined their requests to take steps to protect the dwelling from the weather and that loss and damage has arisen from that wrongful refusal. The steps allegedly required are referred to as the “make safe” repairs. [12] The grounds for Tower’...

6. Jordan v Accident Compensation Corporation (Cover and Entitlements) [2023] NZACC 202 [pdf, 264 KB]

   ...Corporation's 27 November 2020 decision declining cover for a head injury is inconsistent with the earlier covered decision by the Corporation. [3] The Corporation agrees the appellant has cover for a concussion injury (a traumatic brain injury). The claim as lodged was essentially a claim for entitlement to weekly compensation arising from the 1996 injury. In consequence, the main issue is whether the appellant continues to suffer the symptoms of his covered 1996 injury....

7. FC & KC v X Ltd [2023] NZDT 478 (28 August 2023) [pdf, 219 KB]

   ...unfit to continue, which they didn’t and weren’t. 32. Accordingly, the is no basis for X Ltd paying general damages for physical and emotional distress. Referee: L Mueller Date: 28 August 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...

8. BK & KK v Q Ltd [2024] NZDT 405 (3 July 2024) [pdf, 101 KB]

   ...had confidence that the pump was fit for purpose, and that they were rejecting it under the Consumer Guarantees Act (“the CGA”). They added that they were not confident that Q Ltd could provide proper advice and installation services, and they requested a refund for the price of the pump. [6] KK and BK said that, despite that email, Q Ltd had proceeded to replace the motor. As they could not leave the property without a water supply, and had not received a refund to enable them to b...

9. Needham v Accident Compensation Corporation (Cover for Occupational Noise-induced Hearing Loss) [2024] NZACC 133 (5 August 2024) [pdf, 314 KB]

   ...thresholds elevated from 3kHz (30dB) to maximal hearing loss at 6kHz (70dB). The comment was "mild to severe sloping loss (R) ear, probably noise-related. Mild sensorineural loss (L) ear”. [8] The Court asked Mrs Needham whether an injury claim form had been filed for this accident. Mrs Needham said she and her husband expected the claim would have been completed by the Timaru hospital to which Mr Needham had been referred by a doctor in Ashburton. Mrs Needham said she...

10. Berry v Rondel LCRO 130 / 2011 (26 April 2012) - Penalty Decision [pdf, 143 KB]

    ...that he did not protect Ms Berry’s interests when making arrangements to insure the property. 7) That Mr Rondel was in breach of Rules 7 and 7.1 in failing to report to Ms Berry following completion of the transaction. [3] In that decision, I requested that the parties provide submissions as to penalty orders and publication, which both parties have now done. Mr Rondel is now represented by Mr AK who has been appointed by Mr Rondel’s insurer. [4] Prior to reconvening the hear...