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1. [2020] NZIACDT 17 - XA v Hill (10 March 2020) [pdf, 304 KB]

   ...PRELIMINARY [1] It is alleged that Ms Hill, the adviser, used an unlicensed employee within her office, her life partner, to engage with her client, the complainant, and also to do immigration work that only a licensed adviser is allowed to perform. Furthermore, that she was negligent in permitting incorrect information regarding the complainant’s work experience to be provided to Immigration New Zealand. [2] The essential issue to consider is one of credibility, being whether Ms...

2. Dixon v Dixon [pdf, 75 KB]

   ...assessor’s report and the repairs section, 15.6.2 and say the repairs are to modify design faults which should not be attributed to any installation by Harvey Roofing. There are no moisture readings showing water ingress through any of the flashings. Information indicates ingress of water via the cladding and window flashings and the unflashed parapet. Therefore, AHI say that there was no defect in the workmanship of Harvey Roofing. 23. The assessor has recommended, in relation to...

3. Savage v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 53 [pdf, 231 KB]

   ...now revoking, deeming Mr Savage’s application for review “unacceptable” now that the relevant decision had been revoked. There is no record of Mr Savage applying to review the 14 November 1998 decision. [8] On 3 February 2014, Mr Savage requested further lump sum compensation on the basis that he had received new medical evidence that the 1988 lump sum payment was inadequate. The new medical evidence referred to arose in the context of a District Court judgment on his enti...

4. Form 14 Waitangi Tribunal Application [pdf, 459 KB]

   Version 19 – September 2022 page 1 He tono āwhina pūtea rōia mō ngā whakawā o te Rōpū Whakamana i te Tiriti o Waitangi 09/22 form 14 Legal aid file No. Lead Provider’s Reference Application for Legal Aid for Waitangi Tribunal Proceedings To: Legal Aid DX SX10146 Welllington 1. He aha te nama Wai kua whakaritea mō te kerēme i mua i te aroaro o te Rōpū Whakamana i te Tiriti? (Mēnā kāore anō te nama kia whakaritea, tukua mai ā...

5. HU v UX [2022] NZDT 115 (20 September 2022) [pdf, 198 KB]

   ...so how much. Did UX misrepresent the condition of the vehicle in relation to the fridge, heater or gas compliance? 13. A misrepresentation is a statement of fact, made by one contracting party to another, before or at the time the contract is formed, upon which the purchaser relies, and which proves to be wrong. If a misrepresentation has been proved, the other party is entitled to damages (compensation) even if the misrepresentation was innocently made, and not deliberate. 14. The...

6. LD v Accident Compensation Corporation (Costs on appeal) [2023] NZACC 45 [pdf, 159 KB]

   ...Ms Koloni noted that she had asked the Corporation for a copy of Mr Gee’s invoice for costs and on that basis she would be providing the Corporation with a parallel invoice. [5] On 13 February 2023, Ms Koloni made an Official Information Act request to the Corporation for a copy of Mr Gee’s invoices in relation to the appellant’s matters. [6] On 17 February 2023, the Court directed that unless, by 23 February 2023, the Court heard further from Ms Koloni in relation to the ma...

7. O Homes Ltd v BL & SL [2023] NZDT 523 (12 October 2023) [pdf, 188 KB]

   ...apparently wanted some flexibility in doing so. [18] BL and SL were, of course, justified in not signing the supply agreement that was sent to them. However, as they proceeded to accept O Homes’ offer to import materials for them, they nevertheless formed a contract, albeit not in writing, with O Homes. In doing so, they must, in my view, be taken to have been aware that they would be required to pay for the costs involved in importing the goods. It was stipulated in O Home’s stand...

8. L Ltd v T Ltd [2023] NZDT 603 (13 October 2023) [pdf, 204 KB]

   ...were un-invoiced cash purchases. These other suppliers included [supplier 1], [supplier 2], and purchases of gib board off [Online auction CI0301_CIV_DCDT_Order Page 2 of 5 website]. These were to be provided by 14 July 2023. No further information was provided. Therefore, I have closed the hearing, and this decision will resolve the matter Issues 7. The issues I need to resolve are: a. What is the contractual arrangement between the parties relating to markups on ma...

9. TL v DL [2025] NZDT 60 (26 February 2025) [pdf, 102 KB]

   ...interests of justice include that an applicant has the right to have their claim heard. Looking at all the evidence it was proper for the Tribunal to continue with the hearing; e. the Tribunal statements provided by DL to B Ltd about her defence formed part of the claim documents and would therefore be considered. 4. The Issues to be resolved are: a. Did damage occur as a result of DL failing to take reasonable care? b. If so, is B Ltd entitled to $2,832.42? c. Did...

10. Geary v Accident Compensation Corporation [2013] NZHRRT 34 [pdf, 293 KB]

    ...INTRODUCTION [1] This case is about two information privacy principles. First, the principle that where an agency holds personal information about an individual, that individual is entitled to have access to that information (Principle 6) and to request correction of the information. Second, the principle that an agency which holds personal information cannot disclose that information unless the agency believes, on reasonable grounds, that disclosure of the information is permitted by...