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1. NI v Q Ltd [2024] NZDT 407 (4 April 2024) [pdf, 200 KB]

   ...Law Act 2017 (“CCLA”) deals with contracts for the carriage of goods. Under ss 248 and 249 CCLA the liability of a carrier for loss or damage to goods under a contract of carriage is determined by the kind of contract. The kind of contract is a matter of agreement between the parties, as long as particular requirements are met. 16. In this case it appears that the contract was for carriage at owner’s risk. Section 250 CCLA sets out the requirements and states: 250 Requiremen...

2. QN v CI & EN [2024] NZDT 472 (4 June 2024) [pdf, 198 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...

3. CL v TD [2024] NZDT 404 (15 May 2024) [pdf, 190 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...

4. SM v BN & NN [2024] NZDT 387 (5 June 2024) [pdf, 192 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. ND v BT [2024] NZDT 830 (22 October 2024) [pdf, 200 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. Iwi panels technical appendix [pdf, 1.1 MB]

   Final report 17 June 2016 Prepared for Ministry of Justice, New Zealand Police and Department of Corrections Prepared by Akroyd Research & Evaluation Shaun Akroyd Judy Paulin Kirimatao Paipa Nan Wehipeihana Glossary .................................................................................................................................. 3 Introduction ................................................................................

7. Maharaj v Accident Compensation Corporation (Entitlements) [2023] NZACC 125 [pdf, 128 KB]

   IN THE DISTRICT COURT AT WELLINGTON [2023] NZACC 125 ACR 34/21 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN SANTA MAHARAJ Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Heard: On the papers Judgment: 1 August 2023 __________________________________________________________________________ JUDGMENT OF JUDGE C J MCGUIRE [Entitlements] ___________________________________...

8. Bills to modernise courts and tribunals

   Two Bills introduced to Parliament recently will help further modernise court and tribunal services, enabling them to move with the times. The Courts Matters Bill and the Tribunals Powers and Procedures Legislation Bill will amend 37 separate pieces of legislation, including the acts governing 21 tribunals. Group Manager, Courts and Tribunals Regional Service Delivery, Jacquelyn Shannon says the proposed legislative changes open the way for the Ministry to further modernise services for our cust...

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9. Contract-for-services.pdf [pdf, 475 KB]

   ...Schedule 1 as they are at the date of commencement of this Contract. 12.2. The Provider must notify the Secretary’s Contract Manager of any change to the Provider’s Details in accordance with clause 3.8. 13. The Secretary’s contact details Matters relating to this Contract 13.1. The Provider must address all correspondence regarding this Contract to the Secretary’s Contract Manager. 13.2. The Provider must give all notices required to be given under this Contract to the...

10. [2017] NZEmpC 6 Lyttelton Port Co Ltd v Maritime Union of NZ Inc [pdf, 183 KB]

    ...Shipwrights Union, the full Court observed that where the proposed action is incapable of being deferred without effectively being cancelled so that the grant of the interim relief effectively becomes a summary judgment, the more relevant to the overall justice of the case are the relevant strengths and weaknesses of the parties’ cases. 7 In such a case, the Court must be satisfied that there is a strongly arguable case. 8 6 A...