New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Section 7

Legal area

Court

11 Feb 2008

WINE COUNTRY CREDIT UNION V KERRY CHARLES RAYNER AND ANOR HC NAP CIV 2007-441-416

Citation

openlaw-2fdfb4cb_d8ca_457c_b358_ae907d7c0472.pdf
Court

High Court

The High Court upheld the District Court: the contract was not fair and reasonable under s 6 given the lender's failure to verify ages and means and surrounding circumstances, and it was proper to decline to exercise the statutory discretion to enforce or to award restitution under s 7; appellate court will not interfere absent error of principle or plainly wrong exercise of discretion.
6 Apr 2000

Paki v Accident Compensation Corporation

Citation

[2000] NZACC 59
Court

District Court

Appellant failed to discharge the onus under s7 to prove that his degenerative spinal condition was caused or substantially contributed to by a property or characteristic of his employment; medical evidence established degeneration predated symptoms and workplace causation was not proven, therefore cover is rightly declined.
3 Dec 1997

Elmes v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1997] NZACC 252
Court

District Court

The appellant failed to satisfy the statutory requirements of section 7(1)(a),(b) and (c): the evidence showed contribution from non‑employment keyboard use and prior vulnerability and did not establish that the employment task or environment was the material cause or created a significantly greater risk; appeal dismissed.