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1. Wellington Standards Committee v Laglolago [2015] NZLCDT 25 [pdf, 325 KB]

   ...remarks “from being adduced in evidence”. He relied on the decision in Dorbu. Mr Beck accepted that Judge Tuohy’s decision could be referred to but submitted the comments did not constitute a rebuttable presumption. [32] The admissibility of civil judgments containing comments made about practitioners has been the subject of somewhat divergent decisions of the High Court. The relevant sections discussed are s 239 of the LCA and s 50 of the Evidence Act: 239 Evidence (1)...

2. Disputes Tribunal jurisdiction

   ...for claims of more than $30,001 to aid with cost recovery and reflect the private benefits of using the Tribunal for higher-value claims. What is the Disputes Tribunal?  The Disputes Tribunal provides timely, low-cost, and accessible resolution of civil disputes. The Tribunal takes an inquisitorial approach to hearing disputes and referees support parties to put their best case forward and determine the relevant facts. It has specific features that make it less formal than a Court, quicker...

   Located in:

   1. Justice sector & policy >
   2. Key initiatives

3. C Ltd v J Inc [2024] NZDT 105 (13 February 2024) [pdf, 146 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 Informa...

4. Letter-to-the-profession-Legal-Aid-outcomes-of-Budget-2022.pdf [pdf, 144 KB]

   ...direction for the legal aid scheme, one I hope will incentivise experienced legal aid lawyers to continue providing the service and also encourage new lawyers to come on board. I acknowledge that this investment will not fund any changes to the fixed fee schedules. A key focus of this investment was on addressing the hourly rates which have not been increased in over 10 years. Significant changes have been made to the fixed fee schedules between 2014-2018 with the last revision in...

5. Letter-to-the-profession-Legal-Aid-outcomes-of-Budget-2022.pdf [pdf, 144 KB]

   ...direction for the legal aid scheme, one I hope will incentivise experienced legal aid lawyers to continue providing the service and also encourage new lawyers to come on board. I acknowledge that this investment will not fund any changes to the fixed fee schedules. A key focus of this investment was on addressing the hourly rates which have not been increased in over 10 years. Significant changes have been made to the fixed fee schedules between 2014-2018 with the last revision in...

6. Make a civil claim

   ...claims you can start. They usually have different fees, forms and time limits. Find out about the claims you can make in the District Court Find out about the claims you can make in the High Court Get legal help You can get a lawyer to help you make a civil claim. If you can’t afford a lawyer you may be able to get: legal aid free community legal help

   Located in:

   1. Courts >
   2. Civil >
   3. Court process

7. FX & QX v MC Ltd [2022] NZDT 154 (22 September 2022) [pdf, 101 KB]

   ...the extended time period provided in the 2010 Act, this claim is nevertheless barred by statute because of the limitation period in the Building Act 2004. 17. S. 393(2) of the Building Act 2004 states that no relief may be granted in respect of civil proceedings relating to building work if those proceedings are brought against a person after 10 years or more from the date of the act or omission on which the proceedings are based. The act or omission on which these proceedings are bas...

8. TT v HQ and KG [2020] NZDT 1700 (11 March 2020) [pdf, 220 KB]

   ...deck but no consent for another (if in fact the 1996 consent related to one of the other residences). In 2003 the residences were cross-leased with the deck in question being shown on the cross-lease plan. [10] When a decision has to be made in civil courts in New Zealand the burden of proof required is on the balance of probabilities - which means what is more probable than not. Having considered in detail the evidence of each of the parties on this first issue, I find on the balance of...

9. LF & SF v EG Ltd [2023] NZDT 135 (10 May 2023) [pdf, 135 KB]

   ...including BE, General Manager. Under the Disputes Tribunal Act 1988 I can resolve a dispute in the absence of one of the parties. Onus of Proof 5. An applicant seeking a remedy in the Tribunal has the onus of proving his or her claim on the civil standard of proof which is the balance of probabilities (that is, that it is more likely than not). When assessing whether the onus of proof has been discharged by an applicant, I need to consider and evaluate the evidence presented to m...

10. NN v C Ltd [2023] NZDT 410 (6 July 2023) [pdf, 193 KB]

    ...and there is no breach of the required standard of acceptable quality, nor fitness for purpose. 8. When an applicant brings a claim in the Tribunal, the applicant has the onus of proving their claim on the balance of probabilities. This is the civil law standard of proof, requiring them to show the events or circumstances they claim, are “more likely than not” to have occurred. When I assess whether that standard is met, I consider and evaluate the evidence presented to me by the p...