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1. LCRO 130/2017 HS v NC and EH (18 September 2019) [pdf, 260 KB]

   ...September 2015. [5] Mr HS met with the practitioners the following day. They provided to him that day by email a letter of engagement accompanied by information on the principal aspects of client care and service, and terms of engagement. They requested “$1,000 plus GST” in advance of their fees which he paid.1 [6] Mr HS met with the practitioners again a week later, on 24 September 2015. At that meeting he raised with the practitioners his dispute with [hardware store], ab...

2. Reweti - Part Waikoukou No 406 (2015) 96 Taitokerau MB 231 (96 TTK 231) [pdf, 259 KB]

   ...Native Land Court awarded the Waikoukou block to Paora Tuhaere and Wiremu Reweti Te Whenua. [3] Between 1884 and 1908, parts of the Waikoukou block were gifted to (and later taken by) the Crown for railway purposes. This includes the land now forming Lot 1 and 2. Following the corporatisation of New Zealand Railways, Lot 1 and 2 were declared to be surplus Crown land. In 2001 Lot 1 and 2 were vested back into Paora and Wiremu as the original owners. [4] Applications have now bee...

3. GF Ltd v D Ltd [2023] NZDT 204 (26 April 2023) [pdf, 163 KB]

   ...incompetent advice in relation to the ERA matter and/or by providing inadequate representation before the ERA? • If so, is D Ltd liable to pay a refund of all or part of the fees paid for the ERA case? • Is GF Ltd liable to pay damages in the form of an ‘early termination’ fee for GF’s cancellation, in early 2022, of the fixed term contract? Did D Ltd breach its contract with GF Ltd/IU Ltd by providing poor or incompetent advice in relation to the ERA matter and/or by pr...

4. Reid v Accident Compensation Corporation [2023] NZACC 194 [pdf, 254 KB]

   ...of a vehicle. The tow bar, additional boot space and four-wheel drive were not essential injury-related features. Ms Balkiwill also confirmed that: I have reviewed the models that are included in the assessors report taking into account the requested feature above which are not essential, or where the need can be met via an alternate solution. I can confirm that the ACC contribution of $17,778 minus the client's value of her current vehicle would fund a range of vehicles wh...

5. Ngāti Taimanawaiti Māori Incorporation - Lot 2 DP 29547 (9 Old North Road, Orewa) (2016) 135 Taitokerau MB 20 (135 TTK 20) [pdf, 196 KB]

   ...under review [8] On 4 May 2016, a Deputy Registrar wrote a letter to the applicants rejecting the injunction application. That letter states: 135 Taitokerau MB 22 Thank you for filing the above injunction application in our Auckland Information Office on 6 April 2016. Upon review of your application the following matters have been considered by the Court: (a) Does the Court have jurisdiction? (i) The land of which the injunction relates to is claimed as Lot 2 DP 2...

6. BN & NP v NT [2024] NZDT 316 (6 May 2024) [pdf, 237 KB]

   ...Further comments include: “At some stage the accessway has also been widened to allow for vehicles passing. This has resulted in an increase in low permeable area, and the grass swales have been flattened and filled with limestone, altering the performance of the stormwater controls.” 30. Of particular note, the Conclusions and recommendations section of the report of 03 August 2023 states: “Due to the nature of the site some stormwater run off is to be expected. However, we be...

7. MC v Q Association [2024] NZDT 317 (24 April 2024) [pdf, 214 KB]

   ...Association and were appointed as its representatives. Issues 10. The issues I need to determine are: (a) Did the Q Association engage MC to carry out work regarding the Extractor Fan in exchange for a fee so that there was a contract of service formed? If so, has the Q Association breached that contract by refusing to pay the Invoice? (b) If there was no contract of service, should the Q Association pay MC for the work he completed regarding the Extractor Fan under the law of q...

8. MH v NB Ltd [2022] NZDT 171 (4 October 2022) [pdf, 99 KB]

   ...within 28 days. Reasons [1] MH claims that NB Ltd, represented by director EN, unsatisfactorily carried out repair work to her car, and claims $1,312.84 as compensation. EN denies liability. [2] MH’s case is set out in detail in her claim form. In summary, she said that she had taken the car in question, [the car], to NB Ltd’s premises on 15 March 2022, and had left it there with instructions that NB Ltd should install a new PCV valve, a new O2 sensor and windscreen wiper pivot...

9. SI & XQ v G Ltd [2022] NZDT 40 (14 February 2022) [pdf, 119 KB]

   ...so, what is the remedy and can the filing fee be recovered? What were the terms of the contract and was the contract frustrated? 4. There was no dispute that the terms of the contract agreed were set out in the client confirmation booking form of 14 January 2019. Nor was there any dispute that the terms provided that where the client cancels the contract deposits are non-refundable and where the cancellation is within 30 days of the event the full payment is not refundable....

10. Bonner v Accident Compensation Corporation (Claims Process) [2024] NZACC 90 [pdf, 164 KB]

    ...Held at: Wellington by AVL Appearances: The Appellant is self-represented B Marten and S Stewart for the Accident Compensation Corporation (“the Corporation”) Judgment: 28 May 2024 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claims process, Accident Compensation Act 1982 and Accident Compensation Act 2001 (“the Act”)] Introduction [1] This is an appeal from the decision of a Reviewer dated 23 August 2023. The Reviewer dismissed an application for review