Search Results

1. M Ltd v P Ltd [2023] NZDT 416 (30 August 2023) [pdf, 200 KB]

   ...SU representing P Ltd indicated that she needed to record the hearing and needed a record of it for evidence in relation to other matters. She said this was a bank issue and the bank needed to be sued. 8. The Tribunal repeated that she was not permitted to record the hearing and unless she was able to confirm that she was not recording, the Tribunal would not allow her to take part in the hearing. SU would not confirm that she was not recording and continued to state that she was goin...

2. [2022] NZREADT 3 - IE v REAA (15 March 2022) [pdf, 189 KB]

   ...determination on or about its date. As the Tribunal has no express power to extend time, it cannot accept the current application which is well out of time.4 [37] The Tribunal’s general statutory discretion to regulate its own procedure does not permit it to assume powers not provided by Parliament.5 If Parliament intended the Tribunal to have a power to extend the time for review applications, it would have added it when s 111(1A) was amended in respect of appeals. OUTCOME...

3. GM v TT LCRO 31 / 2011 (24 November 2011) [pdf, 90 KB]

   ...Conveyancers Act 2006. Under subsection (c) a Standards Committee may exercise its discretion to take no further action where it is of the view 2 that the complaint is frivolous or vexatious or is not made in good faith. Subsection (f) permits the Standards Committee to exercise its discretion to take no further action if it considers that there is in all the circumstances an adequate remedy or right of appeal (other than the right to petition the House of Representatives or...

4. Duty lawyer instructions for Papakura & Pukekohe courts [pdf, 68 KB]

   ...duty lawyers: dependability experience competence the particular skills the duty lawyer can bring to the team on a list day, or suitability to meet the requirements of non-list days. 28. “Swapping” of sessions is no longer permitted. Swapping involves changes to two rostered days each time there is a replacement, and undermines the overall objectives of providing a roster that meets the courts’ requirements. Non-attendance or non-availability when roster...

5. LCRO 161-2016 XS v VS [pdf, 152 KB]

   ...reasonable? (b) Did Mr XS file an unsecured creditors claim in relation to his fees which was inconsistent with a draft settlement statement issued to [Company A] on 30 April 2015? If so, do any professional standards issues arise? (c) Did Mr XS permit his client to uplift all of [Company A]’s legal files and destroy them (without keeping copies)? (d) Did Mr XS fail to answer Mr VS’ request for details about what work he undertook and how he calculated his account? [6] In re...

6. Duty lawyer instructions for Waitakere District Court [pdf, 71 KB]

   ...the team as a whole. 30. Supervisors will ensure that members of their own firm or chambers are not given opportunities for replacement over and above those provided to other available duty lawyers. 31. “Swapping” of sessions will not be permitted. Swapping involves changes to two rostered days each time there is a replacement, and undermines the overall objectives of team-based rostering – ie setting up teams of duty lawyers who have the desired range of skills and attribu...

7. UC v K Ltd [2024] NZDT 426 (17 June 2024) [pdf, 188 KB]

   ...movement charges were collected from UC for the [Country 2] to [Country 1] flights. The [international legislation] does not apply, and I have found its provisions are not incorporated into the contract. UC claimed that clause 5.4 of the contract permitted him to be refunded fees and charges for cancelled flights but the clause clearly states that these are only refundable if actually paid by the customer. No other contractual grounds exist for the claimed payments. UC is unable to c...

8. Wai 3300 2.6.027 Memorandum directions of Chief Judge Dr C L Fox addressing matters concerning the wānanga ā-rohe phase [pdf, 497 KB]

   ...request to file written statements 19. Counsel for Wai 3147 and Wai 3149 confirm that their clients will not be able to attend any wānanga during this phase of the inquiry due to their residence in Auckland Prison, and that they are unlikely to be permitted to attend any Tribunal wānanga. 20. However, to enable these claimants to contribute their perspectives in this phase of the inquiry, counsel seek leave for these claimants to file a written statement, should they wish, at some st...

9. SP v GC Ltd [2024] NZDT 500 (17 June 2024) [pdf, 202 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 500 APPLICANT SP RESPONDENT GC Ltd The Tribunal orders: GC Ltd is to pay SP $3,029.00 on or before 26 July 2024. Reasons: 1. In 2016 SP purchased a property, including a new build house, from GC Ltd. SP says that in February 2024 there was a leak from the ceiling in one of the bedrooms. He says the leak is caused by a defect in the

10. HT v IF Ltd [2024] NZDT 333 (24 April 2024) [pdf, 217 KB]

    ...that it was current at the time he made his booking. That is especially true given at the time he booked in 2022, government requirements and restrictions around Covid and around policies such as masking, vaccination requirements, vaccine passes and permitted limits for gatherings were changing rapidly. I accept IF Ltd’s submission that at all times its communication and messages to its customers was that it would follow the regulations and requirements of the Ministry of Health. 1...