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1. LCRO 160/2024 XT v YQ (27 June 2025) [pdf, 219 KB]

   ...[41] The Committee inquired into the course of events in the various court proceedings and set out its understanding of the relevant outcomes and effects of those proceedings and of the deeds. In doing so, it was clearly endeavouring to be as informative to the applicant as it could, given his misunderstandings of his own legal position and of the respondent’s responsibilities as executor and administrator of Mr X’s estate. [42] It found that the arguments the applicant sought to...

2. Austin v Accident Compensation Corporation (Treatment Injury) [2023] NZACC 59 [pdf, 257 KB]

   ...had DISH. She was unable to say, however, when these changes first occurred because there were no x-rays taken before 2011. 6 [14] Dr Holtzhausen then went on to discuss the pathogenesis and aetiology of DISH. She described it as a bone-forming disease, and explained that vitamin A and its derivatives have the ability to promote new bone formation. She said: The main skeletal abnormality described in synthetic retinoid treated patients is identical to DISH. Yoder was the firs...

3. Matenga v Accident Compensation Corporation (Weekly compensation) [2024] NZACC 140 [pdf, 205 KB]

   ...date his disability/off work to 19.9.17, which I cannot easil [sic]. [14] On 24 March 2020, the Corporation advised Mr Matenga that a decision on cover for the kidney injury would need to be made by 23 July 2020, and that the Corporation had requested medical records to assist in its investigation of cover. [15] On 18 May 2020, Dr Anne-Marie Lonergan advised as follows: Kidney stones are not directly caused by trauma. The build-up of the substances that form kidney stones may be a...

4. FD v CE [2021] NZDT 1395 (22 April 2021) [pdf, 192 KB]

   ...valid notice is one that meets the requirements set out in s10 of the Fencing Act 1978 which says; (1) Any occupier who desires to compel any other occupier under this Act to contribute to the cost of work on a fence shall serve on him a notice in form 1 of Schedule 1 or to the like effect. (2) The notice shall— (a) specify the boundary or line of fence, or the parts of the boundary or the line of fence, along which the work is to be done; and CI0301_CIV_DCDT_Order Page...

5. I Ltd v EX [2024] NZDT 219 (27 March 2024) [pdf, 103 KB]

   ...provide a drain repair quotation, I am not satisfied there was any agreement (or even any intention on I Ltd’s part, initially) that EX would pay for that time. It is also not clear that EX’s intention not to pay the unblocking invoices had already formed at the time of the drain repair site visit (a day after the final unblocking service). That part of the claim (for $973.87 is therefore dismissed). What invoiced amounts is EX liable to pay? 17. As per the above findings, EX...

6. C Ltd v HM [2023] NZDT 768 (18 December 2023) [pdf, 120 KB]

   ...attended the first hearing, which was adjourned because his phone battery ran out. He did not attend today’s hearing. The absence of a party does not prevent the hearing going ahead. 5. The issues to be determined are: a) Was a binding contract formed and, if so, what was agreed regarding delivery? b) What sum, if any, is payable? Was a binding contract formed and, if so, what was agreed regarding delivery? 6. The common law of contract allows parties to enter into legally...

7. [2023] NZEmpC 39 Wilson-Grange Investments v Guerra [pdf, 226 KB]

   ...Schedule A to the agreement set out a summary of Mr Guerra’s terms and conditions of employment. It provided that Mr Guerra was to be paid at a rate of $22 per hour and that the “(Minimum Guaranteed) Hours of work” was 35 hours; he could be requested to work in excess of these hours but was free to decline and there was to be a minimum engagement of two hours per shift. [9] Mr Guerra was appointed to his position in October 2019 by Ms Wilson, who was initially his line mana...

8. [2024] NZEmpC 74 Hu v Passion Fresh Ltd [pdf, 273 KB]

   ...query was addressed by Passion Fresh in a further email of 12 April 2021 when Ms Hu was advised that the company did not share her view that her wages 1 Hu v Passion Fresh Ltd [2023] NZERA 54 (Member Fuiava). were incorrect. She was informed that the company considered the hours for which she was paid correlated with timecard hours, but an invitation was extended to discuss the matter in person. [9] On 13 April 2021, Ms Hu met representatives of Passion Fresh. During...

9. TM v BC Ltd [2023] NZDT 774 (7 December 2023) [pdf, 195 KB]

   ...to remedy any failure, his claim must be dismissed. Referee: C Price Date: 7 December 2023 CI0301_CIV_DCDT_Order 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...

10. Bristol v Ngāti Rangi Trust - Rangiwaea-Tāpiri [2017] Chief Judge's MB 269 (2017 CJ 269) [pdf, 435 KB]

    ...Part No 6C and Rangipō Waiu 1B blocks.’ The Chief Surveyor had sought the application because the Crown 2017 Chief Judge’s MB 273 was seeking to use the land for a National Park. On 1 June 1960 the application was dismissed on the request of the Chief Surveyor. 3 [8] Less than a week later, on 7 June 1960, the application was reinstated. 4 At the 17 August 1960 hearing, evidence was given on behalf of Ngāti Waewae that they owned all the surrounding land and laid cl...