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1. Haig v Proprietors of Waipiro A13 Incorporation (2006) 169 Gisborne MB 260 (169 GIS 260) [pdf, 1.2 MB]

   ...18(1)(d). Important background material was also dealt with at the conference, which is considered later in this judgment. [7] The proceedings were then set down for hearing some 12 months later on 13 December 2005, where the applicants' request for an adjournment was declined but that hearing could not proceed due to the last minute unavailability of the judge due to her flight being fog bound at Wellington. In response to ~A:::;f / 169 Gisborne MB 262 the Court's...

2. LCRO 23/2023 VT v NH (18 March 2025) [pdf, 231 KB]

   ...locate Ms NH’s 2009 will. [29] Mrs QE says that Mr VT assured Ms NH that she would be well looked after and Ms NH “was not advised of the nature of a potential conflict to the extent that she could seek alternative advice and/or provide informed consent as to [Law Firm 1] continuing to act for her”. [30] Mrs QE complains that Mr VT reacted angrily when advised by Mr QE that Ms NH had decided to pursue a relationship property claim, and declined to provide Ms NH with a copy...

3. Fulton v Accident Compensation Corporation (Personal Injury) [2022] NZACC 233 (5 December 2022) [pdf, 201 KB]

   ...COMPENSATION CORPORATION Respondent Hearing: 29 November 2022 Held at: Hamilton/Kirikiriroa Appearances: K Koloni for the Appellant T Gee for the Respondent Judgment: 5 December 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for personal injury - s 26, Accident Compensation Act 2001] Introduction [1] This is an appeal from the decision of a Reviewer dated 18 October 2021. The Reviewer dismissed an application for review of the Corporation’s decision...

4. SH v TS [2021] NZDT 1656 (27 October 2021) [pdf, 179 KB]

   ...liable to contribute in equal proportions to work on a fence.” 4. The provision of the Act that is relevant is section 10. Under section 10 an occupier who wishes the adjacent occupier to contribute to the fence “shall serve him a notice in form 1 of Schedule 1 or to the like effect.” 5. Where immediate work is not required section 10(4) states that “in the absence of an agreement to the contrary the occupier of the adjoining land shall not be liable to contribute to the co...

5. Waitangi Tribunal - Preparing claimant evidence for the Waitangi Tribunal [pdf, 1.3 MB]

   ...Illustrations________________________________________________17 Funding ___________________________________________________________18 How Many Traditional History Reports Are Needed? ________________________18 v Preface This booklet has been written in response to claimant requests. It is designed to assist claimants with information about what they need to do to prepare their claims for an inquiry by the Waitangi Tribunal. Part i provides a step-by-step guide for pre- paring claim...

6. Ward v Accident Compensation Corporation (Revocation of deemed cover) [2024] NZACC 173 (31 October 2024) [pdf, 177 KB]

   ...impacting lower back and hips in crunched position. [3] On 25 July 2018, Mr Ward had x-rays taken of the lumbar spine. The report concluded that he had lumbar disc degeneration and L5/S1 spondylolisthesis. [4] On 10 December 2019, Mr Ward requested that a right hip and thigh sprain be added to his claim. [5] Mr Ward subsequently came under the care of Mr Rodney Gordon, an orthopaedic surgeon. On 20 January 2020, Mr Gordon provided his initial assessment: … He [Mr Ward...

7. B Ltd v NK & KX [2025] NZDT 28 (27 January 2025) [pdf, 177 KB]

   ...costs on a solicitor/client basis.” 44. KX rightly submits that the Tribunal generally may not award costs (section 43 of the Disputes Tribunal Act 1988). However, as she points out, the claim by B Ltd is based on the contract and therefore is a form of damages for breach of contract. 45. KX relied on a decision of the Civil and Administrative Tribunal in Australia which considered whether a party could be awarded costs claimable under section 106 of the Strata Schemes Management...

8. [2021] NZACC 8 - Stryder v ACC (12 January 2021) [pdf, 165 KB]

   ...advising that the appellant’s weekly compensation would stop as of Monday, 17 June 2019. [6] The circumstances in which payment of those entitlements would be recommenced was explained in that letter. [7] On 17 June 2019 the appellant gave the requested consent, with the result that the payments of weekly compensation were not stopped at that time. [8] However, late on Friday 21 June 2019, the appellant sent an email to the Corporation indicating that they no longer had co...

9. ND v BC [2022] NZDT 128 (15 August 2022) [pdf, 160 KB]

   ...awarded to ND in this circumstance. Did BC misrepresent there would be a mechanical warranty with the van? [23] BC stated that he never said there would be a mechanical warranty with the van. However, ND provided evidence that in April 2022 BC had requested the mechanical warranty, the mechanical breakdown insurance policy to be transferred. The insurer QJ advised that BC’s circumstances did not meet the policy conditions because he was not the first owner insured under the policy...

10. WNO v Oranga Tamariki [2025] NZHRRT 13 [pdf, 127 KB]

    ...claims that Oranga Tamariki’s refusal to provide her with the redacted information interfered with her privacy in breach of the Privacy Act 2020 (PA). Oranga Tamariki denies WNO’s claim. BACKGROUND [4] From January 2020, WNO made several requests to Oranga Tamariki for her personal information. At the time of WNO’s requests, her child BPQ was in the care of Oranga Tamariki. Oranga Tamariki’s Customer Information Requests (CIR) team accordingly developed a plan to release...