Search Results

1. MOJ0058_Disputes-Tribunal-booklet_JUN24_WEB.pdf [pdf, 438 KB]

   ...welfare benefits or ACC payments • trade secrets or intellectual property (e.g., copyright issues, or who owns an idea or creative work) • the recovery of land, or title to land • decisions made by Government agencies or Councils about their fees or operations • certain debts, where there is no dispute about the sum owed Where to go if we cannot help • For residential tenancies, or body corporate disputes, go to Tenancy Services (tenancy.govt.nz/disputes) • For emplo...

2. Form 42 Victims Orders against Violent Offenders [pdf, 414 KB]

   ...of lead provider Provider number Name of law firm Firm number Details of claim Covers period from: to: Date of final disposition (if final invoice) Interim invoice Final invoice Please record the number of fixed fees for repeatable fee activities, activities based on anticipated hearing time, and hearing time activities. Number of fixed fees Fixed fee (excl. GST) Total fixed fees (excl. GST) A P P L IC A N T Termination of Instructio...

3. Witana v Cutforth - Kohewhata 27C2A [2022] Māori Appellate Court 405 (2022 APPEAL 405) [pdf, 266 KB]

   ...costs, it shall be disposed of in such manner as the court directs. 2022 Māori Appellate Court 407 (6) In any proceedings, the court may make an order charging the whole or any part of the costs of the proceedings, and of any charges, fees, or expenses that, in the opinion of the court, were reasonably and properly incurred by any party to the proceedings or by any other person for the purposes of or in relation to the proceedings, upon any land or interest in land or any...

4. NT v OX & B Ltd [2023] NZDT 476 (2 May 2023) [pdf, 248 KB]

   ...2023. The Applicants attended the hearing. BB attended the hearing on behalf of B Ltd and was appointed as its representative. Onus of Proof 6. Generally, an applicant bringing a claim in the Tribunal has the onus of proving their claim on the civil standard of proof which is the balance of probabilities (that is, that it is more likely than not). Where a respondent raises a defence to a claim, that defence must also be proved to the required standard of the balance of probabilities...

5. KT & OX & SX v P Ltd [2021] NZDT 1614 (4 August 2021) [pdf, 164 KB]

   ...attended the hearing. HC and LX attended the hearing on behalf of P and were appointed as its representatives. Page 2 of 7 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 t...

6. AM and HM v TH and NH [2022] NZDT 69 (24 March 2022) [pdf, 244 KB]

   ...would fall into TH’s property. HM and AM are therefore liable for the reasonably foreseeable loss they have caused TH. 34. Section 10 of the Disputes Tribunal Act 1988 provides that the Tribunal has jurisdiction to determine a claim where a civil wrong has occurred that has resulted in the loss or destruction of any property. A trespass to goods occurs when a person wrongfully interferes with another person’s goods. I find that TH has proven that most likely HM and AM interfere...

7. NH & UH v SD Ltd [2024] NZDT 666 (4 September 2024) [pdf, 250 KB]

   ...other neighbour did with that other sign or said about it after it was cut down. Did SD Limited’s employees commit a trespass by cutting down the Sign without NH and UH’s knowledge and permission? 15. The law of tort applies (a tort being a civil wrong). A party can be liable for loss or damage to property under the tort of trespass. A trespass under the law of tort occurs where there is a wrongful interference of a direct and physical kind with another’s property. A trespass...

8. KM v S Ltd [2024] NZDT 624 (16 July 2024) [pdf, 224 KB]

   ...with others that put her into a vulnerable position. I also note that KM was not denied accommodation. She was simply told she would have to pay the full price of $440 for the Deluxe room. KM referred to common law, natural law, and international civil and human rights agreements, the principals of which give rights to restitution for suffering or grievances. I have dealt with KM’s claims on the basis of the current contract law and consumer legislation in New Zealand. 36. Even i...

9. LCRO 42/2021 JKL Limited v HC and GD (30 August 2021) [pdf, 277 KB]

   ...$309,753.75.3 2 In his response to the complaint Mr GD described his role as Relationship Partner as being "to assist with the management of client relationship issues, including performance issues; client service issues; and non-payment of fees." It is common ground that Mr GD was not involved in the legal work associated with Projects [ABC] and [XYZ]. 3 This amount included interest on the unpaid fees, the total of which was $298,713.09 (inclusive of GST and disbursements)...

10. MOJ83 Application for third party claim [pdf, 387 KB]

    ...Section C that are relevant to your application. Who can sign this form? You can only sign this form if you are the third party or their lawyer. Anyone can help you complete the rest of the form. How much does it cost to make an application? There is no fee to make a third party claim. MOJ83/10/16 Ministry of Justice Collections Unit  justice.govt.nz/fines/about-civil-debt/forms 0800 233 222 How do I file my application? You can file your application by post or in person. By po...