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1. BORA New Zealand Superannuation Amendment Bill [pdf, 157 KB]

   ...Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissio...

2. BORA Arbitration Amendment Bill [pdf, 358 KB]

   ...Similarly, the proposed s 14A raises an issue of consistency with s 14 of BORA as it provides that arbitral proceedings must be conducted in private. 12. The Court of Appeal in Lewis v Wilson & Horton [2000] 3 NZLR 250 held that the principle of open justice was affirmed by s 14 of the BORA. The basis of the principle is the right of the community at large to an open and transparent justice system (as opposed to being a right of the parties). 13. In its analysis of this issue, the L...

3. [2022] NZACC 91 – Burrow v ACC (14 March 2022) [pdf, 138 KB]

   ...following principles to guide the exercise of the discretion to grant or deny an extension of time to lodge an appeal: [38] The ultimate question when considering the exercise of the discretion to extend time under r 29A is what the interests of justice require. That necessitates an assessment of the particular circumstances of the case. Factors which are likely to require consideration include: (a) The length of the delay. Clearly, the time period between the expiry of the app...

4. UH v EN [2022] NZDT 155 (13 October 2022) [pdf, 195 KB]

   ...of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised as part...

5. LF Ltd v DQ Ltd [2022] NZDT 186 (8 November 2022) [pdf, 105 KB]

   ...of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised as part...

6. WD v HT [2023] NZDT 674 (1 November 2023) [pdf, 179 KB]

   ...included. CI0301_CIV_DCDT_Order Page 2 of 3 11. The issues are: Did HT misrepresent the caravan? Is WD entitled to damages? Did HT misrepresent the caravan? 12. A misrepresentation is a statement of fact that is untrue. It does not matter if the misrepresentation was innocent or intentional. The sale is not “as-is” if representations have been made by the seller and the seller is accountable if the representations were untrue. 13. The Contract and Commercial Law...

7. XP v O Ltd [2023] NZDT 729 (12 December 2023) [pdf, 223 KB]

   ...of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised as part...

8. DE v UC Ltd [2024] NZDT 203 (17 January 2024) [pdf, 96 KB]

   ...of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised as part...

9. D Ltd v R Ltd [2024] NZDT 228 (8 March 2024) [pdf, 189 KB]

   ...of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised as part...

10. KQ v LI [2023] NZDT 593 (6 November 2023) [pdf, 93 KB]

    ...The Tribunal orders: 1. LI is to pay KQ $4500 by 27 November 2023. 2. KQ will make the car available for LI to uplift when the full sum of $4500 has been paid to her. 3. The bank account for payment is [redacted]. Procedural matter: 1. Referee Meyer first dealt with this claim in a hearing without LI. Referee Meyer rang LI for the hearing using the phone number on the file. Soon after the hearing ended, LI phoned the court saying he was waiting for the call on his...