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Challenges and difficulties remain in the application of the proposed second instalment of the Transfer Pricing Rules.

In Birkenfeld v Kendall and Yachting New Zealand Inc [2008] NZCA 531 the New Zealand Court of Appeal has confirmed that, having established a limitation fund under legislation enacting the 1976 Convention on Limitation of Liability for Maritime Claims (LLMC), and having offered that fund to the plaintiff, the defendants are entitled to a permanent stay of the action, without admission of liability on their part.