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1. BI v U Ltd [2022] NZDT 142 (5 August 2022) [pdf, 101 KB]

   ...policy. 3. The issue is whether BI breached the conditions of his policy (his contract with U Ltd) allowing U Ltd to decline the claim. Did BI breach the policy (contract) allowing U Ltd to decline the claim? 4. When BI completed the claim form he says the car was stolen on 26 March 2016 and that it was stolen from [Address 1] and that the keys were left in the ignition. 5. When discussing his claim with a claims handler on 31 March 2016 BI said that the car was stolen from a...

2. [2022] NZACC 127 – ONeill v ACC (4 July 2022) [pdf, 308 KB]

   ...case, the correspondence reveals that ACC has made no decisions which attract review rights under s 134 of the Act. ACC’s correspondence with Mr O’Neill advisory in nature. [32] I accept the respondent’s submission that at no time has ACC formed a view on, or made a decision about, the merits of any claim Mr O’Neill may have made. [33] ACC’s 23 August 2019 letter advise Mr O’Neill that ACC had previously advised him what he needed to do to lodge a claim and that the...

3. Statement of Defence and Counterclaim [docx, 55 KB]

   [bookmark: _GoBack]Guidance on Using the Statement of Defence and Counterclaim Template About the statement of defence and counterclaim [bookmark: Purpose]Use this form if you have been served with a claim in the District Court, and you wish to both defend the claim AND counterclaim against the plaintiff. You must file in the court and serve on the plaintiff a Statement of Defence and Counterclaim within the timeframe specified on the notice of proceedings. This is usually within 25 working day...

4. BO v NC Ltd [2024] NZDT 13 (30 January 2024) [pdf, 219 KB]

   ...this feature was available. However, although programmed, this feature did not work, and the car would not heat up when it was programmed to. The respondent said that this was because the software was not available, but it did not know this until informed by [car maker] in New Zealand who then began to work on a solution. Eventually the solution, in the form of a software update was made available, and the feature began to work. However, the applicant told the Tribunal that this was a year...

5. Ngāti Pāoa Whānau Trust v Hauraki Māori Trust Board (1995) 96A Hauraki MB 155 (96A H 155) [pdf, 1.2 MB]

   ...of their presentation was that it should represent the interests of all Marutuahu tribes. They further suggested that this society and not the Trust Board should represent Marutuahu claimants on Waitangi Tribunal claims. The society has only been formed recently and we had no evidence as to its operation or its acceptance by the Marutuahu tribes. While we take into account the submissions that have been made we must rule out this society as a contender to be appointed as a representative...

6. XQ v T Ltd [2022] NZDT 85 (8 February 2022) [pdf, 214 KB]

   ...in the rarest of circumstances, as set out in the section. I do not consider any of these exceptions apply in this case, and therefore I am unable to award XQ costs. Referee: M Wilson Date: 8 February 2022 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...

7. Alves v Accident Compensation Corporation (Claims Process) [2023 NZACC 197] [pdf, 162 KB]

   ...Reviewer dismissed an application for review on the basis of lack of jurisdiction, in relation to the Corporation’s email of 16 January 2023. Background [2] On 22 February 2019, Mr Alves saw his GP, Dr Sonia Sparrow, who lodged an ACC claim form for an injury to his right elbow/forearm. Cover was subsequently accepted by the Corporation. 2 [3] On 17 September 2019, Mr Alves hurt his right shoulder moving a heavy desk at home. On 9 December 2019, the Corporation accepted...

8. M Ltd v G Ltd [2024] NZDT 704 (27 August 2024) [pdf, 179 KB]

   ...usual understanding of a ‘full and final settlement’ and would not meet the requirements of ‘accord and satisfaction’ that there be consideration on both sides of a settlement agreement. Therefore, there would have been no binding settlement formed if that meaning was accepted. 10. The wording ‘full and final settlement’ could simply be read at face value, which would mean no further claims could be brought by either party in relation to the truck-build. However, given M Lt...

9. WHT - glossary [pdf, 685 KB]

   ...Weathertight Homes Resolution Service adjudicators or the Weathertight Homes Tribunal. Directions: A procedural order made in the adjudication of a claim. Discovery: Mainly a legal term used to describe the process of going through, identifying and requesting copies of information held by another party that are relevant to a particular claim so as to avoid the situation of trial by ambush. District Land Register (DLR): An officer appointed to administer the Land Transfer Act 1952...

10. [2015] NZEmpC 166 Able Owl XL Ltd v Gladden [pdf, 195 KB]

    ...generate more business. This in turn, appeared to me to be inconsistent with Mr Oulton’s assertions that Mr Gladden was not in some form of supervisory role over the other salespersons. [11] Mr Gladden stated that on 9 May 2013 Mr Oulton informed sales office staff that they were to discontinue talking to clients about consulting and development work. No explanation was given and staff were directed to transfer the calls to Mr Oulton immediately they were received. This was s...