Search Results

1. [2022] NZACC 17 - Bellamy v ACC (27 January 2022) [pdf, 187 KB]

   ...proceedings. … 8. Mr Bellamy claims that at the review he sought $4,047.56 (including GST) and costs, for the cost of Mrs Bellamy representing him. The Appellant’s Submissions [8] Mr Bellamy’s starting point is a completed ACC 5937 form namely an authority to act form dated 4 April 2013. In that form, signed by Mr Bellamy, it is recorded that his wife Maraea Bellamy is given authority to act on his behalf. The form also contains a “client representative declar...

2. B Ltd v H Ltd [2022] NZDT 270 (20 December 2022) [pdf, 182 KB]

   ...and Commercial Law Act 2017 provides that a party may cancel a contract if the other party breaches a term in the agreement. I have found that H Ltd has breached a term of the agreement. 8. However, the contract may only be cancelled if the performance of that term is essential to the cancelling party or significantly increases their burden. I accept the evidence PO that the time when the trailer would be made was agreed to at the outset of the contract and was impliedly an essential

3. NH Ltd v NZ [2024] NZDT 159 (26 March 2024) [pdf, 179 KB]

   ...and was it fit for the purpose? c) What sum, if any, is payable? What were the terms of the contract? 3. The common law of contract allows parties to enter into legally binding agreements. A contract need not be in writing; an agreement can be formed verbally or inferred from the parties’ conduct. 4. It was undisputed that the agreed pricing was $24,000.00, plus $14.00 per square metre for the additional concrete for the variation from 100 mm to 150 mm, exclusive of GST. The inv...

4. SB & IM v TO [2024] NZDT 414 (21 May 2024) [pdf, 187 KB]

   ...September 2021 for assistance with a partnership visa application. TO is not a licensed immigration advisor, but is, or was at the time, an employee of [Government Agency]. He says he was doing SB a favour, initially by assisting with an Official Information Act enquiry, and later by assisting with the visa application. 2. SB has quite a different version of events. She says she engaged TO to assist with her immigration matters and he charged a fee of $13,000.00 for that assistance (she...

5. KO v Q Ltd [2025] NZDT 205 (26 May 2025) [pdf, 196 KB]

   ...of values – usually this is the price to be paid), and an intention to create a legal relationship. There must be sufficient certainty of terms. 10. I advised the parties during the hearing that I am been unable to find there was any contract formed between them. This is for the following reasons: a. I am not satisfied that there was any offer. Q Ltd is of the view that it offered parking to KO, however a sign that says NO PARKING, PRIVATE PROPERTY, CUSTOMER PARKING ONLY STRICTLY...

6. [2021] NZACC 33 - McSherry v ACC (10 February 2021) [pdf, 241 KB]

   ...compromise on all three levels that have been reported. In the comments the radiologist mentioned multi level shallow disc protrusion in the lower lumbar spine without evidence of neural compromise. [44] On 4 February 2013, Mr Rietveld requested that the appellant be referred for review to the Burwood Pain Clinic. He said that a recent MRI showed multi-levels discogenic changes in the lower back and that higher up he had anterior partial fusions. He said the appellant ha...

7. Form 79 Response to Third Party Claim [pdf, 203 KB]

   Form 79 Ministry of Justice Collections Unit   www.justice.govt.nz/f ines/civil-debt 0800 658 952 Notice to registrar: response to third party claim Court reference number Agent reference number This notice relates to the court case between (Full name of judgment creditor(s))  and (Full name of judgment debtor)  To a registrar of a District Court This document notifies you that: Select one of the following: I accept (Name of third party’s)  claim to ownership of the follow...

8. Waitangi Tribunal - Principles of the Treaty of Waitangi as expressed by the Courts and the Waitangi Tribunal [pdf, 190 KB]

   ...objection is not an adequate response to the Treaty’s terms … Criticism that a tribe has failed to object is largely to blame the victim of the historic process for its current condi- tion … Modern circumstances compel the need for legally cog- nisable forms of tribal institutions with authority to represent the tribe on local issues and adequate resources to assist the formulation of tribal opinion.394 In the Muriwhenua Fishing Claim Report (1988), the Tribunal considered that in circum...

9. Application-for-assessment-of-financial-means-MoJ207.pdf [pdf, 306 KB]

   MOJ207/11/17 Ministry of Justice Collections Unit www.justice.govt.nz/fines/about-civil-debt/ 0800 233 222 PAGE 1 OF 8 When should I use this form? This form lets you find out more about a judgment debtor’s ability to pay a judgment debt. Use this form if all the following apply: • you are the judgment creditor and the money owed to you in a judgment or court order has not been paid • you have asked the judgment debtor to complete a financial statement but they have not complie...

10. UC Ltd v BD Ltd [2024] NZDT 553 (9 July 2024) [pdf, 267 KB]

    ...put in and maybe they put some in and not all of it. BD says: 19. The photographs UC Ltd supplied on 20 May of the different sections of concrete shows a less significant difference in colour than the photographs they supplied with the claim form. 20. UC Ltd comment about the colour of council footpath (being darker) but the footpath colour is also significantly darker than the TU concrete. 21. The photograph of the footpath looks very dirty and looks quite old so making th...