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1. Lohr v Accident Compensation Corporation (Costs) [2016] NZHRRT 36 [pdf, 60 KB]

   ...BY DEFENDANT1 BACKGROUND [1] In its decision in Lohr v Accident Compensation Corporation [2016] NZHRRT 31 given on 29 September 2016 the Tribunal found the Accident Compensation Corporation (ACC) had discharged its burden of proving the information withheld from Dr Lohr fell within the exceptions in ss 27(1)(c) and 29(1)(a) of the Privacy Act 1993. As information 1 [This decision is to be cited as: Lohr v Accident Comp...

2. QD v L Ltd [2023] NZDT 551 (19 September 2023) [pdf, 198 KB]

   ...care and skill. QD’s submission was based on media reports of an interim report of the Transport Accident Investigation Commission. L Ltd says it does not accept some of the statements in the report and that that there is new (undisclosed) information that is likely to affect some of TAIC’s preliminary findings. While the evidence, such as it is, points to failings on L Ltd’s part, it is not necessary to make any findings on the issue. 21. Of more significance is whether th...

3. LCRO 47/2021 BQ v ZG (16 December 2024) [pdf, 665 KB]

   ...transfer to “our trust account” of the funds Firm A held in trust. Firm A requested from Ms ND “… your firm’s undertaking that you will retain the sale proceeds … undisbursed, until resolving of division of relationship property between [the former husband] and [the respondent]”. [13] The exchange is puzzling. Barristers do not operate trust accounts. Ms ND may not have understood this. [14] Ms ND engaged with Firm A regarding the form of undertaking required. On...

4. TT v BB Ltd [2022] NZDT 152 (13 September 2022) [pdf, 183 KB]

   ...Accordingly, the claim for declaration of nonliability for fees claimed by the respondent, including [accounting software] fees, is granted. Referee: P McKinstry Date: 13 September 2022 Page 2 of 2 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 r...

5. DQ v Z Ltd [2021] NZDT 1634 (2 July 2021) [pdf, 228 KB]

   ...for inspection. They did not communicate with or consult with DQ over its disposal or tell him prior that they may potentially dispose of it after the inspection. 18. Further I do not accept that Z Ltd’s collection of the item for inspection formed part of the original contract of carriage. That carriage was at an end once the toilet was delivered to DQ. Therefore Z Ltd’s terms and conditions did not apply beyond that time. 19. The tort of conversion occurs when one party inte...

6. KQ & OS v TN Ltd [2024] NZDT 244 (25 March 2024) [pdf, 221 KB]

   ...basis for such an award given that there has been no breach of the contract by KQ and OS in this case. 40. For these reasons the counterclaim is dismissed. Referee: L Trevelyan Date: 25 March 2024 Page 6 of 6 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 r...

7. BB v NC [2024] NZDT 127 (16 April 2024) [pdf, 204 KB]

   ...because of the leaking that resulted from the faulty drainage system that had previously been installed. [22] Thus, NC must pay BB $28,874.06. Referee: C Hawes Date: 16 April 2024 Page 5 of 5 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 rehe...

8. 31 October Legal Aid News [pdf, 195 KB]

   ...provider contract renewal Update on changes to the administration of legal aid Electronic signature requirements Pre-hearing matters Complying with the Court of Appeal ‘Criminal Electronic Document Protocol’ Delegation of work Legal aid forms – New installer package available for downloading Changes to the reassessment/ reconsideration process Queries? Legal aid provider contract renewal The renewal process for the new Provider Contract for Services is well under way....

9. Newbury & Ors [2011] NZWHT Auckland 3 [pdf, 91 KB]

   ...notice of the decision. On receiving such an application I must decide whether or not the claim meets the eligibility criteria. [4] I have considered the following documents in conducting my review: The application for review and attached information. The assessor’s report dated 10 August 2010. The letter from John Bansgrove of the Department of Building and Housing to the claimants dated 6 October 2010 advising that the Chief Executive had decided that the claim...

10. Okaia Trust [2011] NZWHT Auckland 22 [pdf, 90 KB]

    ...certificate until some time after the date of the final inspection. In such cases the reasons for the delay in issuing the CCC are relevant. Ultimately however a decision as to when a house is built is a matter of judgment based on all the information that is available to the decision maker. [10] Lang J also considered the effect of s43(1) of the Building Act 1991 which provides as follows: 43 Code compliance certificate (1) An owner shall as soon as practicable advi...