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1. C Ltd v HL [2025] NZDT 61 (12 February 2025) [pdf, 97 KB]

   ...sees fit. Enforcement of Tribunal Decisions If the Order or Agreed Settlement is not complied with, you can apply to the Collections Unit of the District Court to have the order enforced. Application forms and information about the different civil enforcement options are available on the Ministry of Justice’s civil deC Ltd page: http://www.justice.govt.nz/fines/about-civil-deC Ltd/collect-civil- deC Ltd For Civil Enforcement enquiries, please phone 0800 233 222. Help and Furth...

2. EN & UN v DW [2022] NZDT 24 (28 March 2022) [pdf, 180 KB]

   ...and damage to the applicant caused by that breach, is a question of fact in each case. If shown, the burden shifts to the respondent to show that he or she has taken all reasonable precautions. CI0301_CIV_DCDT_Order Page 2 of 3 8. In the civil jurisdiction the standard of proof is called the balance of probabilities. If the evidence suggests that what the applicant says is more likely than not to be true, then the standard of proof has been met and the claim succeeds. If the evi...

3. XC v MG Ltd [2019] NZDT 1404 (1 May 2019) [pdf, 216 KB]

   ...pay for labour, so Mr C proceeded to have his own supplier carry out the work and claims the invoiced cost for this of $1276.50. 10. Mr L for MG contends that the [redacted] service bulletin is not mandatory work in New Zealand and that the NZ Civil Aviation Authority determines whether or not mandatory work is required by converting service bulletins into Airworthiness Directives if required. However Mr C contested this, saying that Airworthiness Directives are only issued as a result...

4. FD v TN & N Ltd [2024] NZDT 30 (25 January 2024) [pdf, 148 KB]

   ...factor, outside of their control, such as an unforeseeable medical event, caused the loss of control leading to a collision. 7. Such an intervening factor need only be established on the ‘balance of probabilities’, the standard of proof in civil claims. I note that some of TN’s version of events may have been able to be easily established if a full copy of the police Traffic Crash Report had been available to the Tribunal. However only a redacted version was available, redaction o...

5. MQ v NP [2023] NZDT 352 (7 August 2023) [pdf, 176 KB]

   ...whether that caused the injuries to the dog, and, if so, what amount should be paid. Findings Liability 5. I find NP was not negligent in the operation of his vehicle. 6. The onus is on the person making an allegation of fact or cause in a civil court proceeding to prove on the balance of probabilities that it is more likely than not that the facts or cause are as they say. CI0301_CIV_DCDT_Order Page 2 of 3 7. In this case, the allegation is that NP had no right to be...

6. KS v Q Ltd [2025] NZDT 16 (16 January 2025) [pdf, 115 KB]

   ...looking for a firm mattress to prevent a sore back when sleeping. 10. For the above reasons KS does not succeed with her claim and it is dismissed. Referee: W Lang Date: 16 January 2025 2 The balance of probabilities is the civil onus of proof 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 av...

7. 31 October 2015 Legal Aid News [pdf, 547 KB]

   ...Text Messaging Legal Services (Quality Assurance) Amendment Regulations 2015 Historic Abuse Cases (HAC) – User Charge Exemption for pre-1 July 1993 Matters Application to Cancel a Sentence of Imprisonment and Substitute Home Detention Legal Aid fees available for Restorative Justice Criminal Case Assignment Christmas and New Year availability Queries External Customer Survey November 2015 In March 2015, we conducted a telephone survey of legally aided customers of the crim...

8. LCRO 112/2024 BA obo DO and YW v NC (30 May 2025) [pdf, 266 KB]

   ...was that Mr NC: (a) had resisted firm instructions to appeal [Justice A’s] decision; and (b) had coerced the complainants to agree to advancing a limited objection to the Court’s decision (an interlocutory application); and (c) had charged fees that were excessive; and (a) was conflicted as a consequence of his professional and personal relationship with Counsel for the defendants in the proceedings (Mr LM).1 [9] Mr NC responded to the complaint on 24 April 2024. [10] He sub...

9. Prajapati v Khetarpal [2016] NZIACDT 23 (3 May 2016) [pdf, 250 KB]

   ...relationship with the complainant: [1.2.1] Ms Khetarpal failed to carry out her instructions properly. [1.2.2] She was dishonest or engaged in misleading behaviour in her dealings with the complainant. [1.2.3] She failed to deal properly with fees. [1.3] In this complaint (Prajapati v Khetarpal [2016] NZIACDT 5 (IACDT 023/14)), the Tribunal upheld the complaint because Ms Khetarpal failed to handle client funds in accordance with the Licensed Immigration Advisers Code of Conduct 2010...

10. EL v FO [2022] NZDT 8 (28 April 2022) [pdf, 228 KB]

    ...sees fit. Enforcement of Tribunal Decisions If the Order or Agreed Settlement is not complied with, you can apply to the Collections Unit of the District Court to have the order enforced. Application forms and information about the different civil enforcement options are available on the Ministry of Justice’s civil debt page: http://www.justice.govt.nz/fines/about-civil-debt/collect-civil-debt For Civil Enforcement enquiries, please phone 0800 233 222. Help and Further Inf...