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1. IACDT - Statement of Reply form [pdf, 77 KB]

   ...form and attach it to this document. Change of Personal Details forms can be found on the Tribunal’s website). Part 3 Challenging the Statement of Complaint In making its decision the Tribunal will assess the Statement of Complaint against the law and other evidence provided. If you disagree with anything in the Statement of Complaint you should set out what it is you disagree with and why. This will ensure that your arguments and evidence are directly before the Tribunal when it make...

2. BORA New Zealand Geographic Board (Ngā Pou Taunaha O Aotearoa) Bill [pdf, 377 KB]

   ...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 omissions.

3. NN v C Ltd [2023] NZDT 410 (6 July 2023) [pdf, 193 KB]

   ...there is no breach of the required standard of acceptable quality, nor fitness for purpose. 8. When an applicant brings a claim in the Tribunal, the applicant has the onus of proving their claim on the balance of probabilities. This is the civil law standard of proof, requiring them to show the events or circumstances they claim, are “more likely than not” to have occurred. When I assess whether that standard is met, I consider and evaluate the evidence presented to me by the parti...

4. [2022] NZACC 109 - BD v ACC (8 June 2022) [pdf, 167 KB]

   ...recommendation of an appeal. Eventually the appellant’s wife obtained an opinion as to an appeal, and once this advice was provided the notice of appeal was filed promptly. There is a supporting affidavit from the appellant’s wife. Relevant law [5] Section 151 of the Accident Compensation Act 2001 (the Act) provides: (1) An appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry. ... (3) The notice must be rece...

5. Bryan v Accident Compensation Corporation (Late filing to the District Court) [2024] NZACC 27 [pdf, 148 KB]

   ...late because “there was a mix up in claim numbers when these appeals were filed together and I was told to re do one”. [4] On 12 February 2024, Ms Hansen for the Corporation submitted that it would abide any decision of the Court. Relevant law [5] Section 151 of the Accident Compensation Act 2001 (the Act) provides: (1) An appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry. ... (3) The notice must be rece...

6. [2006] NZEmpC AC 47A/06 Cliff & Groom v Air NZ Ltd [pdf, 30 KB]

   ...the award of costs will be $15,000. 3. Interim reinstatement at challenge in the Employment Court [14] This hearing took almost a full day of submissions based on affidavit evidence filed by the parties.3 It covered questions of both fact and law. In addition to material submitted to the Authority, the parties filed further affidavits for the Court. The Court held that the plaintiffs had tenably arguable cases to be reinstated and made conditional reinstatement orders. [15] Ai...

7. KI Ltd v TS [2023] NZDT 256 (14 June 2023) [pdf, 137 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2023] NZDT 256 APPLICANT KI Limited RESPONDENT TS The Tribunal orders: TS is to pay KI Ltd $1,615.44 by Wednesday 5 July 2023, being $1555.44 for three orders and $60.00 for chargeback fees. Reasons: 1. KI Limited trading as K is a supplier of fish, plants and reptiles based in [City]. 2. TS placed three orders with KI. The first

8. Webber v Webber - Motungarara A1B and A2 (2023) 468 Aotea MB 90 (469 AOT 90) [pdf, 305 KB]

   ...submissions, the applicant also referred to ss 24 and 26 of the Act. I need not address these sections of the Act because they have not been pleaded properly. In any event, these sections are irrelevant to the injunction application. Te ture The law Permanent injunctions [28] Section 19(1)(a) of the Act allows the Court to grant a permanent injunction for actual or threatened trespass. The law relating to permanent injunctions was recently summarised by the Māori Appel...

9. HI v BC Ltd [2024] NZDT 198 (28 March 2024) [pdf, 102 KB]

   ...(inclusive of GST) if any shall be $28000 … 11.1 … The parties acknowledge that this is not a supply of a going concern and that the transaction cannot be zero rated under the GST Act. Was the agreement for the sale of a going concern? 7. The law of contract applies. A contract is interpreted objectively taking into account the background facts. Parties are assumed to understand the document they have signed. However, the Tribunal has power to vary an agreement if it finds...

10. Stanley v Accident Compensation Corporation (Late filing of appeal to District Court) [2024] NZACC 55 [pdf, 149 KB]

    ...her (Ms Koloni’s) part. 2 [3] On 3 April 2024, Ms Arnold for the Corporation submitted that there was unlikely to be prejudice to the Corporation caused by the late filing, and the Corporation did not oppose leave being granted. Relevant law [4] Section 151 of the Accident Compensation Act 2001 (the Act) provides: (1) An appellant brings an appeal by sending a notice of appeal to, or filing a notice of appeal in, a specified registry. ... (3) The notice must be recei...