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1. Legal aid criminal procedure simplication project - proceeding steps [pdf, 256 KB]

   ...August 2012 Page 2 Summary Jurisdiction February 2010 Step 1: Guilty Pleas (including sentencing) during administrative appearances Activity Fixed fees/ Guideline Hours Tasks normally covered by flat fee or by guideline hours Restorative Justice Report up to 2 hours For Obtaining Restorative Justice Report – in preparation for sentencing Written sentencing submissions up to 3 hours For Preparing sentencing submissions under Sentencing Practice Note 2003 or, prov...

2. Dunworth v McLachlan [2010] NZWHT Auckland 25 [pdf, 97 KB]

   ...[1] The second respondent in this claim, DVK Roofing and Waterproofing Co Limited (DVK) lodged an appeal against the Tribunal determination dated 18 March 2010. The first ground of the appeal was that the decision was made in breach of natural justice and contravenes section 27 of the Bill of Rights Act 1990 as the appellant was not served with notice of the date of hearing and therefore had no opportunity to be heard. [2] Judge Gittos in an oral judgment delivered on 8 June...

3. QL Ltd v JM Ltd [2023] NZDT 397 (5 September 2023) [pdf, 203 KB]

   ...representing them and he cannot have his lawyer present. 9. Section 38(3) of the Disputes Tribunal Act 1988 allows the Tribunal to hear from a representative of any party provided that that representative has sufficient authority and knowledge of the matters in dispute. Ms G is the specialist customer resolution manager in her employment with the respondent. She has been an integrally involved in the complaint and cover decision and has authority to act as the respondent’s representa...

4. MO v D Ltd [2024] NZDT 367 (20 June 2024) [pdf, 186 KB]

   ...affected by caries, and that his general dentition could be improved by two new partial dentures. Thus, I do not think that MO is entitled to the cost of a new lower denture. MO’s other arguments [14] MO argued that MC, by denying liability in this matter, had breached a contract that he had made with him, MO, regarding compensation. I do not think that is so. The copies of correspondence provided to me show that MC, for D Ltd, discussed offers of payment, but at no stage accepted li...

5. CK v HC & KD [2024] NZDT 537 (11 June 2024) [pdf, 169 KB]

   ...compensation be awarded? 20. Where the Tribunal has had to determine similar cases it has often taken used s18(6) of the Disputes Tribunal Act which allows the Tribunal not just to take into account the strict legal principles when determining the matter but also the merits and justice. 21. OP is a living being, a valued family member, this makes it difficult to quantify what is reasonably foreseeable. On one hand it is reasonable to expect a dog owner to undertake all treatment and...

6. C Ltd v Q Ltd & D Ltd [2023] NZDT 289 (27 July 2023) [pdf, 250 KB]

   ...personal use. 27. The Court held that that the goods are ordinarily acquired for domestic or household use. The Court stated that:3 We consider that “ordinarily” is used in the Act's definition of “consumer” in the sense of “as a matter of regular practice or occurrence” or “in the ordinary or usual course of events or things”. […] Mr and Mrs Nesbit's purchase was not an unusual or uncommon event. The evidence of Mr Farmer shows that they did not make a...

7. QC Ltd (in liquidation) v WD Ltd [2020] NZDT 1326 (4 August 2020) [pdf, 213 KB]

   ...a compromise and offered a reduction of the account to $800.00 (including GST) if paid by the end of August, not in recognition of any right CI0301_CIV_DCDT_Order Page 3 of 4 to a reduction, but as a gesture to assist with the resolution of matters. Whilst this sum was not agreed to in the hearing, and had been offered without prejudice, Mr T allowed me to consider that sum as an appropriate amount to award in the case. 17. Having regard to all the circumstances, it is reasonabl...

8. BT & NS v Q Ltd [2023] NZDT 66 (26 April 2023) [pdf, 205 KB]

   ...amended to $249.83 to include the GST ($217.25 plus $32.58); and (b) the total to pay has been amended to $406.83 (flowers $249.83 plus [champagne] $247.00); and (c) the payment date has been amended to 12 May 2023. Reasons: 3. This matter had previously been adjourned as further time was required. 4. In August 2021 BT and NS (“the applicants”) entered into a Wedding Agreement with Q Ltd (“the respondent”) for their wedding reception. BT and NS were dissati...

9. Herbst v Accident Compensation Corporation (Late filing to the District Court) [2025] NZACC 38 (28 February 2025) [pdf, 153 KB]

   ...scheme is minimising the economic, social and personal costs of the impact of injury on the community. Unnecessary delay in bringing an appeal to the ACC jurisdiction of the District Court carries potential costs for the appellant and also for the justice system and those involved in it. [6] In Avery v No 2 Public Service Appeal Board,1 Richmond J (for the Court of Appeal) stated: When once an appellant allows the time for appealing to go by then his position suffers a radical ch...

10. Osborne v Accident Compensation Corporation (Late filing to the District Court) [2024] NZACC 195 (27 November 2024) [pdf, 155 KB]

    ...minimising the economic, social and personal costs of the impact of injury on the community. Unnecessary delay in 3 bringing an appeal to the ACC jurisdiction of the District Court carries potential costs for the appellant and also for the justice system and those involved in it. [8] In Avery v No 2 Public Service Appeal Board,1 Richmond J (for the Court of Appeal) stated: When once an appellant allows the time for appealing to go by then his position suffers a radical chang...