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1. D Ltd v R Ltd & Ors [2024] NZDT 877 (29 October 2024) [pdf, 215 KB]

   ...communications between the parties. 7. Part of that evidence is the oral testimony of the parties and their witnesses during the hearing. Some aspects of this evidence present contradictory depictions of the events of which led to the agreement. In the civil context the evidentiary standard is proof on the balance of probabilities. This simply means that a party wishing to rely upon an allegation must prove that it is likely than not that the allegation is true. If two people give di...

2. SE & UE v DT [2024] NZDT 661 (13 September 2024) [pdf, 202 KB]

   ...are SE and UE entitled to compensation of $30,000.00 or to any other sum? c. In these circumstances, is DT entitled to compensation of $4,640.00 or to any other sum? Is DT obliged to compensate SE and UE for the loss of the tree? 6. Civil wrongs are described in the law as “torts”. Two aspects are relevant here. First, the law says a trespass occurs where there is an unjustified interference with land in the possession of another person. That trespass is actionable wh...

3. NF v B Ltd [2025] NZDT 227 (17 July 2025) [pdf, 142 KB]

   ...include both express terms agreed between parties, such as those in the conditions of carriage, and also implied terms. Terms implied into a contract by law can include those under the Consumer Guarantees Act 1993 (“the CGA”). For air travel, the Civil Aviation Act 1990 and the Montreal Convention 1999 may also apply. 6. The issues for me to resolve are: a) Did B Ltd act wrongly by declining to permit NF boarding? CI0301_CIV_DCDT_Order Page 2 of 4 b) Did B Ltd act wrongly by...

4. OIA-123002.pdf [pdf, 824 KB]

   ...1. The total amount spent on legal aid, broken down into the financial amount and percentage in relation to the total in family, criminal, civil, Treaty (are there any other categories) 2. As above but further broken down into legal aid providers fees and disbursements (we don’t need these for each but just for family). 3. In terms of family jurisdiction, a breakdown in money (fees and disbursement separated) and percentage of all the various types of proceedings legal aid is availab...

5. BU v SI Ltd [2015] NZDT 1460 (10 September 2015) [pdf, 183 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: www.justice.govt.nz/fines/civil-debt Help and Further Information Further information and contact details are available on our website: www.justice.govt.n...

6. BK & BH v FF [2023] NZDT 68 (31 March 2023) [pdf, 210 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 Inform...

7. EE v D Ltd & G Ltd [2024] NZDT 862 (9 December 2024) [pdf, 221 KB]

   ...EE’s claim is based on suspicion and the fact that when she has experienced a sudden power loss this has not been recorded by the EMS. She has no supporting evidence. In order for a person to be successful with their claim they need to meet the civil standard of proof, which is ‘on the balance of probabilities’ (meaning something is more likely than not or something more than 50/50). Something more than a personal suspicion is needed to meet this standard. 8. HZ, representing G...

8. 31 March Legal Aid News [pdf, 450 KB]

   ...Corrections to impose release conditions on them  a review of the Commissioner of Police’s determination that they are a returning prisoner  a breach of a release condition. An application to impose conditions and a review of a determination are civil proceedings. A civil legal aid application and a civil legal aid lawyer will be required. In the event that the returned prisoner nominates a legal aid lawyer who is not approved for civil legal aid, the lawyer may apply for a...

9. Feng v Zhang [2016] NZIACDT 41 (12 August 2016) [pdf, 176 KB]

   ...v Zhou [2015] NZIACDT 86; its orders are different from orders made under the Sentencing Act 2002. The Tribunal’s orders are provable in bankruptcy, unlike orders made under the Sentencing Act. Accordingly, the Tribunal’s orders are like other civil debts and do not endure through a bankruptcy. Accordingly, the ability to pay does not affect orders in the same way it does for reparation orders. [6.2] The Tribunal has regarded its orders for financial penalties as matters where it has...

10. Hourly-rates.pdf [pdf, 108 KB]

    ...include rates for supervised providers, non-qualified legal executives/paralegals, law clerks and qualified legal executives. Criminal hourly rates Criminal hourly rates are set by PAL level 1 to 4 and level of provider experience. Family and civil hourly rates Both Family and Civil hourly rates are set by proceeding category FC1 to FC4 and level of provider experience. Claiming hourly rates In claiming an hourly rate for work completed, providers must confirm that: • t...