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1. Deputy Registrar - Allotment 5 Parish of Tahawai (2008) 96 Tauranga MB 52 (96 T 52) [pdf, 3.8 MB]

   ...Tahawai ("the block"). DEPUTY REGISTRAR - ALLOTMENT 5 PARISH OF T AHA IV A1- MLC A20080002949 [17 November 2008J [2] The block comprises some 40.4336 hectares. The relevant Computer Freehold Register is SA29B/97 I , the estate is one in fee simple. The block is vested in seven trustees ("the trustees"), it is situated at Ongare Point, north ofTauranga. The Proceedings [3] These proceedings commenced with an application by a Deputy Registrar of the Waikato-Man...

2. 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)...

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. 26 February Legal Aid News 2015 [pdf, 366 KB]

   ...activities and changes to fee schedules between 21 November to 19 December and feedback was received from the New Zealand Law Society. A paper detailing final decisions and response to consultation feedback can be found here. The new approved Civil fee schedule, changes to the Family fee schedule and related disbursements are here for your information. They are expected to come into effect later this year once the commencement dates are confirmed through regulations. Ext...

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. 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...

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...