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1. HT v Q Ltd [2025] NZDT 100 (2 May 2025) [pdf, 176 KB]

   ...to push aside the statutory test that currently applies. On that basis the application is dismissed. Hannan DTR Disputes Tribunal Referee 02 May 2025 1 Section 12 of the CGA 2 Section 42 of the CGA. 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...

2. CY v K Ltd [2025] NZDT 64 (20 February 2025) [pdf, 183 KB]

   ...ORDER OF DISPUTES TRIBUNAL [2025] NZDT 64 APPLICANT CY RESPONDENT K Ltd The Tribunal orders: K Ltd is to pay CY $1033.85 on or before Thursday, 13 March 2025. Reasons: 1. CY claims that K Ltd (the company) was performing construction work on the neighbouring property and dropped nails onto his driveway and that it was a nail from the site that became embedded into his vehicle causing a flat left front tyre on 26 February 2024. 2. CY claims $1033.85 f...

3. Steele v Commissioner of Police (Jurisdiction) [2025] NZHRRT 21 [pdf, 220 KB]

   ...[1] In June 2021 Mr Steele filed these four proceedings in the Tribunal under the Privacy Act 2020 (2020 Act). In each proceeding Mr Steele alleges an interference with his privacy, arising from the responses of Police to information privacy requests he made under the Privacy Act 1993 (1993 Act). [2] All of the proceedings involve complaints which had been investigated by the Privacy Commissioner (Commissioner) and in respect of which the Commissioner had concluded his investi...

4. Cooper v Hamilton Pharmacy 2011 Ltd (Discovery) [2018] NZHRRT 28 [pdf, 267 KB]

   ...proving one of the exceptions in Principle 11, the Tribunal must then determine whether the disclosure constituted an interference with the individual’s privacy as defined in s 66 of the Privacy Act. That is, has the plaintiff established one of the forms of actual or potential harm contemplated by [s 66(1)]. The burden of proof reverts to the plaintiff at this stage. http://www.legislation.govt.nz/act/public/1993/0028/latest/link.aspx?id=DLM296645#DLM296645 http://www.legislation.gov...

5. Scott v Accident Compensation Corporation (Deemed Cover, Personal Injury) [2023] NZACC 149 [pdf, 228 KB]

   ...February 2012. As for the decision regarding a lower back injury, while the Corporation revoked deemed cover for the general description of lower back injury, it confirmed cover for a contusion of the lower back. Background [5] An ACC injury claim form was completed by the emergency department at Dunedin Hospital on 18 February 2012. The diagnosis description on the claim form was: Dislocation, sprain and strain of unspecified joint and ligament of trunk – left side. [6] The d...

6. Algie & Others v ACC [2013] NZACA 6 [pdf, 56 KB]

   ...claimed. [10] The appeal was founded on there being no financial outlay, but the services had to be “actual” to have any chance of coming within ss 121(1) and 80(1). There was no evidence whatsoever to suggest that the Corporation had ever formed the view that the services and attendances were not performed, and the wording of the standard form decision letters and the payment of attendant care by the same 3 caregivers for 18 of the appellants under the later legisl...

7. LN v N Family Trust and others [2023] NZDT 503 (18 September 2023) [pdf, 251 KB]

   ...possible to persons lawfully on the property. Any such entry does not authorise LN or any person to cut down, lop or injure any tree or shrub on [Address 1] without the consent of the N Family Trust. 11. LN is to keep the N Family Trust reasonably informed about the progress with the preparation for building the fence and should give The Trust at least three days’ notice before work commences. Reasons: 12. The parties are next door neighbours. LN owns and lives in [Address 2]...

8. P Ltd v AH & LH [2023] NZDT 51 (31 January 2023) [pdf, 120 KB]

   ...Ltd introduce the purchaser to TC? 3. The general law of contract applies. A contract, or legally binding obligation, is created by an offer, acceptance, exchange of value, and an intention to create legal relations. 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. What was agreed is looked at objectively, i.e. by looking at what...

9. MD v KC [2024] NZDT 41 (23 February 2024) [pdf, 227 KB]

   ...says that MD was warned on an earlier occasion that drug use in the house was not acceptable. KC says that the claim for cleaning arises only because MD continued to use drugs inside the house after this warning. 7. Contracts can come in many forms. Sometimes they are written, other times there is only a discussion or there may be a combination of written and oral terms. In addition, the law of contract allows for implied terms. Implied terms are those so obviously required that it i...

10. MX v X Ltd [2023] NZDT 251 (28 April 2023) [pdf, 241 KB]

    ...as there is no evidence the failure was substantial in any way, I find the claim must be dismissed. CI0301_CIV_DCDT_Order Page 3 of 4 Referee: K. Edwards Date: 28 April 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 re...