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1. Case management process

   On this page: Case management memorandum Case management discussions Completing a CMM Timeframe for filing Unrepresented defendants Case review Directions about case management procedure   The Criminal Procedure Act 2011 has case management processes for when a proceeding under the Act is adjourned after a not guilty plea has been entered. Case management memorandum After a represented defendant pleads not guilty to a category 2, 3, or 4 offence, a case management memorandum (CMM) will be

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2. ST v OL [2025] NZDT 68 (11 March 2025) [pdf, 180 KB]

   ...any vehicle not changing lanes or not making a turn. This rule applies where a driver is moving from being parked on the side of the road into a driving lane on the road. This would include a driver who is conducting a U-turn. 10. The claim information filed by the insurer says that ST said she was parking on the side of the road when she was reversed into by OL. This is also what is stated in the claim form filed with the Tribunal. This is not consistent with the diagram of the acci...

3. D Ltd v O Ltd [2025] NZDT 49 (24 March 2025) [pdf, 173 KB]

   ...2024 D Ltd contacted O Ltd and was told the parcel had been lost. O Ltd said that it was too late, in terms of its terms of service, for D Ltd to make a claim in relation to the failure to deliver the parcel. D Ltd later filed a compensation claim form with O Ltd, but O Ltd has continued to decline to pay any compensation. 3. D Ltd seeks an order that O Ltd is liable to pay it damages of $1,500.00 for the lost eftpos machine. 4. The hearing was held by teleconference. The claim doc...

4. Guide to the MVDT for traders [pdf, 151 KB]

   ...6. A copy of all diagnostic or technical evidence you rely upon in your defence 7. A copy of the advertisement for the sale of the motor vehicle (if applicable) 8. A copy of all relevant correspondence with the applicant 9. Any other information requested by the MVDT. Collecting that information in advance will assist you in thoroughly preparing to respond to the claim. Providing that information to the MVDT in advance enables the Tribunal to have a clear understanding of your defe...

5. [2007] NZEmpC CC 27/07 South Tranz Ltd & Ors v Strait Freight Ltd [pdf, 51 KB]

   ...which were also in the business of road transport. In or about March 2003, the defendant entered into a contract to purchase most of the assets of those two companies. That agreement was entered into by the defendant on behalf of a company to be formed as Tranz Freight 2004 Ltd. Mr Shackleton and Ms Harwood were not parties to that sale and purchase agreement but it provided that they were both to be employed by the defendant following settlement of the agreement between the comp...

6. [2011] NZEmpC 169 Kim v Thermosash Commercial Ltd [pdf, 126 KB]

   ...that Thermosash is obliged to pay him a week’s wages and claims $50,000 compensation for negligence and unethical behaviour which caused emotional harm and permanent physical injuries, and that his employer failed to respond appropriately to a request for extra assistance in October 2007. [5] The defendant has filed an application to strike out the statement of claim in its entirety. The application is advanced on two principal grounds. Firstly, that the statement of claim di...

7. [2010] NZEmpC 151 Kiwis Stat Ltd v Nichols [pdf, 42 KB]

   ...hospital. If accepted by the hospital, the plaintiff becomes entitled to a fee from the hospital based on the payment made by the hospital to the doctor. [8] The defendant was employed as a “locum coordinator”. Her role was to receive requests from a particular group of hospitals and to match a doctor to each request. [9] The parties had a written employment agreement, two clauses of which were: 17. Restraint of Trade and Non-Solicitation 17.1 The employe...

8. [2012] NZEmpC 131 Matamata Industrial Machinery Imports Ltd v McAllister [pdf, 107 KB]

   ...solicitors on 13 June setting out further allegations and referring to documents which appeared to demonstrate that the defendant had had access to personal email accounts and had sent emails from his laptop via a personal email account. The plaintiff requested access to copies of the emails and the documents concerned. The defendant’s solicitors responded on 22 June denying that any information the defendant had passed on to another company belonged to the plaintiff or that the...

9. Auckland Standards Committee v Ram [2014] NZLCDT 76 [pdf, 103 KB]

   ...in Issue 3 “Yes”. Issue 4 - Was the non-compliance wilful or reckless? [30] We consider that the Standards Committee has made out a strong case to infer the non-compliance is wilful or reckless. He has an obligation to comply with lawful requests of the Standards Committee. His correspondence is lengthy, tangential, self-serving and evasive. [31] Section 7(1)(a)(ii) defines wilful or reckless breaches of the Rules or the Act as misconduct. [32] Thus the Standards Committ...

10. Nairn v Peebles LCRO 109 / 2010 (14 December 2010) [pdf, 100 KB]

    ...defective, or that the purchasers had agreed to accept the title with the defect. [4] The contract was conditional upon the vendor undertaking a due diligence enquiry, a condition that was to be fulfilled by 6 July 2009. The purchaser made two requests for extensions of time which were granted and the contract become unconditional on 24 July 2009. The settlement date of 31 July remained unchanged. [5] On 24 July, after being informed that the contract was now unconditional,...