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1. MW v EF Ltd [2019] NZDT 1304 (4 December 2019) [pdf, 248 KB]

   ...CI0301_CIV_DCDT_Order Page 5 of 6 company that has been pulled together from other sources into one document. Whilst that information is generic, it was sought. In addition, a task list was also created. A [redacted] partnership exploration was also produced, as requested. MW also attended a meeting with [redacted] as requested. 17. It is not possible to place a commercial value on this information. None of the documents went far enough, and MW never had sufficient access to...

2. [2022] NZACC 94 - Black v ACC (19 May 2022) [pdf, 212 KB]

   ...weeks. [6] The file notes a handwritten record of a call to the ACC case officer on 7 February 1997 from the appellant’s father. The note reads: Father rang for Jeremy. He is off work and queried for weekly compensation. They completed forms at the hospital with case manager. I advised I would request the file and send an ARC/3 to Jeremy’s employer. Jeremy has another ARC/18 and they will post this in. IP (injured person?) is residing in Rolleston. Employer Canterbury Car...

3. [2013] NZEmpC 174 Udovenko v Offshore Marine Services (NZ) Ltd [pdf, 66 KB]

   ...Authority that does not, of itself, amount to an abuse of process in terms of pursuing such a claim on a de novo challenge in this Court. The offer of payment for the six month's work was a matter before the Authority and can be pursued in a re-formulated claim in the Court. [10] In Bourne v Real Journeys Limited 3 Judge Couch referred to an earlier judgment of the full Court and held that the Court could hear and decide matters which were not actually determined by the Author...

4. 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...

5. 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...

6. 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...

7. 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,...

8. 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...

9. 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...

10. 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...