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1. 2021-11-17 ORC - Closing Legal Submissions - PC8 - primary sector hearing [pdf, 153 KB]

   ...to 15. 8 Re Vivid Holdings Ltd (1999) 5 ELRNZ 264 at [19]. 8 (c) Somewhere in between. 26 The question of whether an amendment goes beyond what is reasonably and fairly raised in submissions will usually be a question of degree, to be judged by the terms of the proposed change and the content of submissions.9 This should be approached in a realistic workable fashion rather than from the perspective of legal nicety,10 with consideration of the whole relief package detailed...

2. DX v OI Ltd [2019] NZDT 1529 (24 October 2019) [pdf, 146 KB]

   ...which the Tribunal that made the decision is a division, within 28 days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside 28 days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, and serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Di...

3. BN & QN v KE & B Ltd [2021] NZDT 1629 (30 June 2021) [pdf, 234 KB]

   ...it. There is no detail from VTNZ [Town A] as to why if round the light was white. OT said that if the lens was broken, it was not broken at the time he did his inspection. OT said the colour in the lens can be faded, but till be legal. This is a judgement call. (iii) I accept OT’s evidence that when he inspected the vehicle the ABS light was on and he failed the vehicle on this issue. B Ltd then did some repairs to the vehicle including cleaning up the ABS sensor connection and thi...

4. P Ltd v Q Ltd [2021] NZDT 1643 (8 October 2021) [pdf, 145 KB]

   ...purpose and of such a nature and quality as to be reasonably expected to achieve any particular result that the consumer makes known to the supplier, except where the circumstances show that the consumer does not rely on the supplier’s skill or judgement, or where it is unreasonable for the consumer to do so. 12. As a starting point I find that while this was a commercial arrangement, the CGA applies as the service and goods supplied for the [vehicle] were those ordinarily supplied to...

5. Compensation Guidelines for Wrongful Conviction and Detention [pdf, 97 KB]

   ...appropriate compensation in accordance with paragraphs 29 – 43. “Imprisonment” includes detention in a hospital or secure facility under a sentence of imprisonment. “Independent advice” means advice from a retired New Zealand or foreign Judge, a senior New Zealand or foreign lawyer (such as a King’s Counsel) and includes advice from more than one such person. “Loss of livelihood” means loss of earnings, or earnings-related, income for the period from when the applicant i...

6. ND v BC [2022] NZDT 128 (15 August 2022) [pdf, 160 KB]

   ...that made the decision is a division, within 20 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than...

7. A Ltd v X Ltd [2021] NZDT 1661 (14 November 2021) [pdf, 210 KB]

   ...that made the decision is a division, within 20 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than...

8. Maori Reservations.pdf [pdf, 348 KB]

   ...The ad should identify the land and state the purpose of the meeting. The completed application, with the meeting’s minutes and the application fee, should be sent to the MLC. COURT ORDER The MLC will conduct a hearing about the application. A judge can then make a court order to set the land aside as a Māori reservation. A court order will also be made to appoint trustees to administer the reservation. If a mortgage, or any other charge, exists over the land, the land cannot be set...

9. Maori Reservations.pdf [pdf, 348 KB]

   ...The ad should identify the land and state the purpose of the meeting. The completed application, with the meeting’s minutes and the application fee, should be sent to the MLC. COURT ORDER The MLC will conduct a hearing about the application. A judge can then make a court order to set the land aside as a Māori reservation. A court order will also be made to appoint trustees to administer the reservation. If a mortgage, or any other charge, exists over the land, the land cannot be set...

10. BI & KI v SC & KT [2021] NZDT 1710 (18 October 2021) [pdf, 126 KB]

    ...that made the decision is a division, within 20 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than...