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1. NK v EI Ltd [2021] NZDT 1464 (10 February 2021) [pdf, 196 KB]

   ...would be from a leak, rather than because the rust had not been treated correctly. It repeated that it had not been given an opportunity to assess the problem and so was limited in its ability to now respond to the claim. Conclusion 17. In the civil jurisdiction the standard of proof is called the balance of probabilities. If the evidence suggests that what the applicant says is more likely than not to be true, then the standard of proof has been met and the claim succeeds. If th...

2. EI v CL & KB [2025] NZDT 238 (4 June 2025) [pdf, 186 KB]

   ...collision which meant it was not salvageable. 3. EI is claiming $7,750.00 to cover the cost of replacing his car. When an applicant brings a claim in the Tribunal, they have 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. 4. The issues to be resolved are: a. Did KB, as bailee, fail to look after the car with reas...

3. RI v Hart LCRO 158 / 2011 (13 July 2012) [pdf, 160 KB]

   ...disciplinary proceedings is the civil standard of proof of applied flexibility.1 RI’s allegations of intent and premeditation simply cannot be proved and are not accepted. [46] RI also asserts that the payment of $15,000 to Mr Hart was a contingency fee which should be repaid following the unsuccessful activity by Mr Hart. [47] In the letter of engagement, dated 28 April 2006, the sum of $15,000 is expressed to be a “retainer” to “meet the cost of the legal services provi...

4. LCRO 158/2023 QMY v WAN (30 June 2025) [pdf, 241 KB]

   ...conduct. What gave rise to the complaint? [2] The applicant was the director of an incorporated law firm. [3] On 10 August 2021, the respondent sought advice from a consultant to the firm, Mr X, about a claim for unpaid wages of $9,125. She paid a fee for the consultation which the applicant later said was $300. She signed a letter of engagement that day and paid a further $1,955. 2 [4] The letter of engagement provided for a fixed fee of $2,000 plus GST ($2,300) for the ret...

5. Nisha v Devi [2011] NZIACDT 26 (5 September 2011) [pdf, 85 KB]

   ...the payment of all or any of the costs or expenses of the investigation, inquiry, or hearing, or any related prosecution; (h) an order directing the licensed immigration adviser or former licensed immigration adviser to refund all or any part of fees or expenses paid by the complainant or another person to the licensed immigration adviser or former licensed immigration adviser; (i) an order directing the licensed immigration adviser or former licensed immigration adviser to pay reasona...

6. Form-48_Civil_Children-Workers-Exemption.pdf [pdf, 220 KB]

   Version 21 – October 2023 page 1 10/23 form 48 Tax Invoice Civil Legal Aid Fixed Fees Children’s Workers Exemption Appeals Legal aid file no. Invoice date Invoice number GST number Lead provider’s ref. To: Legal Aid, DX Box Number City Customer Lead provider Provider number Law firm Firm number Details of claim Fixed Fee: Date fixed fee(s) completed Fixed Fee Plus: Covers period from to Interim invoice F...

7. 2013 archive

   ...Parole proceedings Legal Services Amendment Act 2013 - 2 September 2013 Changes to parole proceedings following Legal Services Amendment Act Duty lawyer - completing legal aid applications Criminal Procedure Act 2011 - 1 July 2013 New criminal fixed fee and complex cases guidelines Criminal case assignment report Criminal Procedure Act implementation Legal Aid: Criminal Procedure Act 2011 consultation response on changes to the criminal fixed fees Pre-approved disbursements for criminal cases T...

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8. UI v DW Ltd [2021] NZDT 1528 (8 September 2021) [pdf, 245 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...

9. Form 48 Children's Workers Exemption Appeals [pdf, 148 KB]

   Templates V12 – August 2017 page 1 08/17 form 48 Legal aid file no. Tax Invoice Civil Legal Aid Fixed Fee/Fixed Fee Plus Children’s Workers Exemption Appeals Invoice date Invoice number GST number Lead provider’s ref. To: Legal Aid, DX Box Number City Name of aided person Name of lead provider Provider number Name of law firm Firm number Details of claim Covers period from: to: Interim invoice...

10. NT v HS [2020] NZDT 1312 (21 October 2020) [pdf, 270 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...