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1. SX v J Ltd [2024] NZDT 788 (16 September 2024) [pdf, 190 KB]

   ...overheated and J Ltd and its reports are wrong when they say he had a pre-existing overheating problem. SX explained in great detail his long history as a long haul truck and trailer driver. He explained the processes he follows to check and monitor the performance of his truck and he explained a similar checking and monitoring process for his ute. 5. He states on the day of the accident he had worked a 13 hour day and had a very heavy load on his ute and this was the first time he wa...

2. N Ltd v D Ltd [2024] NZDT 191 (12 March) [pdf, 218 KB]

   ...further work was required to be done to complete Stage 2 after N Ltd invoiced on 18 March 2023, differ significantly. 12. D Ltd contend that there were significant quality issues in the work completed by N Ltd and they submitted evidence in the form of texts from their site manager, X, to N Ltd, and also an invoice for remedial work from the building contractor, S Ltd (‘S LTD’). S Ltd was engaged to complete Block I when D Ltd cancelled N Ltd’s contract. The texts from X to N L...

3. [2022] NZIACDT 19 – TA v Tian (Sanctions) (25 July 2022) [pdf, 185 KB]

   ...Following a number of successful student and visitor visa applications, a student visa application lodged on 11 October 2016 was unsuccessful. Ms Tian did not inform the complainant of the decline. She then lodged student visa applications and s 61 requests from 24 November 2016 until 1 March 2017, all without instructions from the complainant or his mother and without telling them of the outcome of any application. [8] On 8 June 2017, Ms Tian filed an expression of interest on...

4. QB v T Ltd [2024] NZDT 243 (26 March 2024) [pdf, 241 KB]

   ...breached the FTA because the discounts it offered on particular services were less than prices it had quoted or advertised for those services. 24. QB says that she was entitled to rely on T Ltd’s brochure price for a helicopter ride, and emailed information about the cost of accommodation, as being a representation of the discount that would be offered on her wedding package if she did not opt for those items in her wedding package. 25. I have already found above that T Ltd’s g...

5. Te Manutukutuku Issue 16 [pdf, 2.7 MB]

   ...justice-delivery mechanisms. The circumstances allow the CCJwp to start from a position of strength, as confirmed by the positive results to date. Maori Grievances and the Private Land Issue Following is an extract from the speech given by John Kneebone, a former president of Federated Farmers, at the Federated Farmers annual conference in May. Mr Kneebone was not speaking as a member of the Waitangi Tribunal. I believe I am here because of your concerns and fears for the security o...

6. Buckland v Accident Compensation Corporation (Cover) [2023] NZACC 151 [pdf, 258 KB]

   ...fund hip replacement surgery. [2] The appellant also appeals against ACC’s decision of 23 July 2020 suspending the appellant’s entitlements. Background [3] The Corporation’s decisions at issue in this appeal were made in respect of a claim for injuries resulting from an accident on 3 July 2019 when the appellant stepped into a hole in a rock wall and twisted his right leg and hurt his back. [4] The claim form completed on 10 July 2019 notes “sprain hip/thigh” and “lu...

7. [2012] NZEmpC 139 Matamata Industrial Machinery Imports Ltd v McAllister [pdf, 59 KB]

   ...affidavits have now been served upon the defendant’s solicitors and copies of the documents that are described in the IT expert’s report are soon to be provided to the plaintiff and the defendant. The defendant’s solicitors, Norris Ward McKinnon, requested that they be permitted to review all the documents obtained to determine what documents might be subject to legal privilege or any other possible objection to disclosure. Ms Dew indicated that the plaintiff would consent t...

8. BORA Support Workers (Pay Equity) Settlements Amendment Bill [pdf, 222 KB]

   ...the principal Act. Consistency of the Bill with the Bill of Rights Act Section 14 – Freedom of expression 7. Section 14 of the Bill of Rights Act affirms the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form. The right has also been interpreted as including the right not to be compelled to say certain things or to provide certain information.1 8. Clause 19 amends section 19 of the principal Act...

9. [2019] NZEmpC 166 GEA Process Engineering Ltd v Schicker [pdf, 216 KB]

   ...difficulties were seen to be associated with this process. On 8 December 2015, the Authority, in consultation with the parties, released the Clarkes from their witness summonses and directed them to instead provide affidavits listing which documents requested by the plaintiff they had within their control. They were to categorise them as “in scope”, “privileged”, “confidential, or “out of scope”. This process was analogous to the process for non-party disclosure cont...

10. [2022] NZACC 67 – KC v ACC (27 April 2022) [pdf, 209 KB]

    ...[Mental injury caused by criminal acts, s 21 Accident Compensation Act 2001] ____________________________________________________________________ [1] At issue is a decision of the Accident Compensation Corporation dated 21 January 2020 declining a claim for cover for mental injuries suffered as a result of sexual abuse. [2] The appellant submits that she has suffered mental injury and is entitled to cover. [3] The Corporation submits that the criteria of s 21 is not satisfied by...