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1. Lohr v Accident Compensation Corporation [2016] NZHRRT 31 [pdf, 306 KB]

   ...could invoice ACC as both a chiropractor and an acupuncturist under two identities for the same consultation or treatment. [3] To find out what was being alleged against him and to limit the damage to his practice, Dr Lohr made a large number of requests to ACC for information under both the Privacy Act 1993 and the Official Information Act 1982. He hoped that once he found out what was behind the investigation he would be able to correct what he believed to be the misinformation held...

2. CL v HG [2024] NZDT 118 (7 March 2024) [pdf, 179 KB]

   ...together. 6. For an agreement to be enforceable there needs to be an intention to create a legally binding relationship. Partners, friends and colleagues make social arrangements, but it is unlikely they can be legally enforced unless the parties perform some act that demonstrates an intention that they will be bound by their promises. 7. When friends fail to keep their promises, the other person may suffer a financial consequence but it may be that they cannot be compensated fo...

3. IB v TT [2024] NZDT 588 (29 July 2024) [pdf, 172 KB]

   ...took place on 23 May 2021. Around four months later, the buyer noticed a leak in the lower-level garage during heavy rain through a hole in the concrete wall. She consulted plumbers but they could not provide a satisfactory solution. Eventually she formed the view that some wooden planks on the floor of the garage must have been installed to channel water out of the garage. She investigated further, and came to the conclusion that the seller had installed the planks and knew about the leak...

4. BORA Nga Punawai o Te Tokotoru Claims Settlement Bill (Ngati Rangiteaorere) [pdf, 278 KB]

   ...exclusion was consistent with articles 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable provisions to s 20 and s 27(2) of the Bill of Rights Act.3 9. In respect of each settlement the Bill will exclude any form of monetary compensation as a remedy for any failure of the Crown to comply with protocols issued under the Bill. Although s 27 affirms the right to bring civil proceedings against the Crown, the section protects only procedural rights,...

5. BORA Ngati Hinerangi Claims Settlement Bill [pdf, 87 KB]

   ...consistent with articles 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.3 Whether cl 27(3) at issue 9. Clause 24(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with a protocol under the Bill. 10. This clause might be seen to raise an issue of compliance with s 27(3) of the Bill of Rights Act, namely the right to bring c...

6. 20210521-Taxation-Budget-2021-and-Remedial-Measures-Bill.pdf [pdf, 918 KB]

   ...articles 14 and 27 of the International Covenant on Civil and Political Rights, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.' Exclusion of remedy of compensation 9. Clause 26(3) of the Bill excludes damages and other forms of monetary compensation as a remedy for any failure by the Crown to comply with a protocol under the Bill. 10. This clause might be seen to raise the issue of consistency with s 27(3) of the Bill of Rights Act, namely the right to bring c...

7. IR v ST LCRO 203 / 2010 (9 March 2012) [pdf, 190 KB]

   ...formal advice as to the strategy to be adopted renders Mr SF’s conduct unsatisfactory. Mr IR had demonstrated his ability by his earlier efforts on his own behalf. In addition, the die was cast to a large extent, when Mr SF was presented with a request to represent Mr IR at the second Family Court hearing for which a date had already been scheduled. [79] The criticism of the Court of Appeal was that Mr IR had not pursued his application for leave to Appeal to the Court of Appeal...

8. BORA Waitaha Claims Settlement Bill [pdf, 286 KB]

   ...the International Covenant on Civil and Political Rights and with art 27, which are comparable to ss 20 and 27(2) of the Bill of Rights Act.3 Limitation on civil proceedings - section 27(3) 9. Clause 21(3) of the Bill excludes damages or any form of monetary compensation as a remedy for any failure of the Crown to comply with a protocol under the Bill. 10. I have considered the potential application of s 27(3) of the Bill of Rights Act, namely the right to bring civil proceedi...

9. LA - Part 2 - Areas of Law Waitangi Tribunal [pdf, 777 KB]

   ...for each area or category. Case examples should be cases where you played a substantial and active role. Examples need to demonstrate substantial and active involvement across the range of cases. Please complete the Waitangi Tribunal Case Examples Form. You must provide the following case examples: • Provide at least three examples of substantial Waitangi Tribunal proceedings. • Each example must demonstrate that you had a substantial and active involvement in the case. • all...

10. K&B Partnership v JC [2016] NZDT 1345 (14 April 2016) [pdf, 184 KB]

    ...further issues regarding compensation, if any, that arise under the WACA that would have arisen had I found the animal to have been shot on DOC land. Referee: J Costigan Date: 14 April 2016 CI0301_CIV_DCDT_Order Page 3 of 3 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 or a mistake was made. If you wish to a...