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1. Legal aid review of criminal legal aid fixed fees - 2013 [pdf, 627 KB]

   1 | P a g e Review of criminal legal aid fixed fees – operational policy changes The review of criminal legal aid fixed fees has already raised a number of operational policy matters, the majority of which can be addressed immediately. These are discussed below. 1. Assignment of urgent (same day) cases Private providers and the Public Defence Service (PDS) have raised the issue of how Legal Aid Services (LAS) assigns urgent (where the court requires counsel on the same day...

2. LCRO 72/2020 ZW v CB (29 September 2020) [pdf, 204 KB]

   ...considered to have been unsatisfactory.5 [49] Nor is a Committee or a Review Officer equipped to make negligence findings. [50] In PR v LT, the Review Officer noted that:6 [107] Negligence is a cause of action that is well-understood by traditional civil courts. Its ingredients include a duty of care, a breach of that duty, and a measurable loss that has been caused by the breach of duty. Findings of negligence may only be arrived at after comprehensive – sometimes expert – ev...

3. X Ltd v II [2021] NZDT 1539 (14 May 2021) [pdf, 169 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. WN v ZM & Ors [2025] NZDT 128 (26 February 2025) [pdf, 269 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...

5. Regulatory Impact Statement Trans Tasman Proceedings Bill [pdf, 126 KB]

   ...of each country‟s regulatory system are not exploited and that consumers have effective redress. The Trans-Tasman Working Group on Court Proceedings and Regulatory Enforcement (the Working Group) has identified a range of problems that arise in civil proceedings with a trans-Tasman element or that undermine the effectiveness of various regulatory regimes in each country. It is difficult to determine the scale of each of these problems but anecdotal evidence suggests a sufficient numb...

6. LCRO 51/2021 KS and BG v WJ (30 September 2024) [pdf, 410 KB]

   ...the house was to be rebuilt or repaired. 4 (The assessor’s comments indicate that the claim as pleaded was one for the cost of rebuilding the house). [15] The respondent issued four invoices: (a) Invoice [XXX1] dated 27 February 2017 for fees of $5,000 plus GST, for a total of $7,105.95 including GST and disbursements; (b) Invoice [XXX2] dated 2 July 2018 for fees of $25,000 plus GST, for a total of $28,782 including GST and disbursements; (c) Invoice [XXX3] dated 17 July...

7. LCRO 40/2016 UV v EL [pdf, 95 KB]

   ...1 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 3 deliver a process and a decision that is not “so clinical and impersonal”. Mr UV would like a refund of the $50 fee he paid for filing his application for review. [12] Mr EL replied on 6 April 2016 confirming that he had acted for Ms L and that she was a member of the New Zealand Association of Hairdressers (the Association). Mr EL says he received adv

8. NM & B Ltd v J Ltd & RJ Ltd [2021] NZDT 1662 (9 August 2021) [pdf, 240 KB]

   ...the time the roadway was constructed? b. If so, was the damage caused wholly or partially by the roadworks? c. If caused partially, in what proportion did the roadworks contribute to the damage? 12. NM must prove all elements of the claim to the civil standard of the balance of probabilities, i.e., more likely than not. 13. J LTD has provided statements by NM and Mr F (the neighbour at [Street address A]), a witness statement from a visitor Ms E, a report from the loss adjuster Mr Y...

9. CH v Q Ltd [2021] NZDT 1617 (9 August 2021) [pdf, 175 KB]

   ...representative. EQ confirmed at the hearing that Q Ltd does not have insurance to cover the claim. Onus of Proof CI0301_CIV_DCDT_Order Page 2 of 8 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 presente...

10. SW on behalf of COMPANY 1 v RG, OL and HJ LCRO 130/2014 (3 November 2016) [pdf, 105 KB]

    ...However Maritime New Zealand indicated that a High Court order was needed to amend the Register of Ships to record Company 1 as the owner. [5] Mr RG declined to issue the appropriate High Court proceedings because Company 1 would not pay its fees in full. Law Firm 1 obtained judgment against the company for the unpaid fees, but the judgment was later set aside without opposition. Company 1 has counter-claimed in negligence against the firm and both proceedings have been stayed to a...