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1. Rossi v Chief Executive of the Ministry of Business, Innovation and Employment (Strike-Out Application) [2016] NZHRRT 18 [pdf, 103 KB]

   ...etc, proceedings The Tribunal may at any time dismiss any proceedings brought under section 92B or section 92E if it is satisfied that they are trivial, frivolous, or vexatious or are not brought in good faith. [13] It was recognised in Mackrell v Universal College of Learning HC Palmerston North CIV-2005-485-802, 17 August 2005, Wild J these provisions confer on the Tribunal a wide discretionary power to strike out or dismiss a proceeding brought before it: [45] Subject to observance...

2. [2019] NZEmpC 159 Allied Investments Ltd t/a Allied Security v Cradock [pdf, 350 KB]

   ...no longer been able to afford rental accommodation. She had gone into debt to purchase the vehicle and feared not being able to keep up with the payments she was committed to making. She had also told the Authority she had to drop out of her university veterinary studies at Massey University, as it was too difficult and expensive to continue. The Authority concluded that $15,000 was an appropriate award.8 [18] The Authority found that Ms Cradock’s actions did not contribute t...

3. ENVC Hearing 6Oct14 NPI Trust Morehu Wilson [pdf, 306 KB]

   ...realms of the physical, emotional and spiritual worlds, and recognises that they are integral parts of a greater whole. It is therefore not surprising that the Maori can use genealogical links to connect him through his ancestors to the creator of the universe. This is fundamental to the ideals and values of the Maori. We believe that the beginning of the world is the start of a process which began in a void. Within the void and the nothingness existed energy, a potential that manifeste...

4. Foot v Registrar of the REAA [2015] NZREADT 24 [pdf, 238 KB]

   ...order to meet this standard. This point was made by the Supreme Court in 4 Westfield (New Zealand) Ltd & Anor v North Shore City Council & Anor [2005] 2 NZLR 597. [14] In Marie-Ann Nixon v Real Estate Licensing Board of NZ (HC Auckland, 22/93, 23 August 1994), the High Court held that the starting point in any determination is that good character is presumed unless a real question-mark is raised by the evidence. If a question mark has been raised then, as was held in...

5. ENVC paper Wuhan University China study tour 2015 [pdf, 587 KB]

   1 PRESENTATION TO STUDY TOUR DELEGATION FROM WUHAN UNIVERSITY, CHINA Principal Environment Judge L J Newhook, Environment Court of New Zealand. 19 August 2015. Causes of action in environmental cases, and procedural rules (Mr Cai’s Main Questions 1 and 2). Introduction: The place of the Environment Court in the New Zealand Court system. [1] The Court is a standalone specialist Court which has all the powers inherent in a Court of Record. The Court is no...

6. E60 Bob Hawkins - Nautical - EIC - Sealink [pdf, 711 KB]

   ...Resource Management Act 1991 (RMA) AND IN THE MATTER of a direct referral application under section 87G of the RMA for resource consents for the necessary infrastructure and related activities associated with holding the America’s Cup in Auckland BETWEEN PANUKU DEVELOPMENT AUCKLAND LIMITED (ENV-2018-AKL-000078) Applicant AND AUCKLAND COUNCIL Regulatory Authority STATEMENT OF EVIDENCE OF ADRIAN LAMONT ON BEHALF OF THE AUCKLAND COUNCIL (AR...

7. [2011] NZEmpC 19 Masina v Commissioner of Te Kura Kaupapa Maori O Piripono Te Kura Whakahou O Otara [pdf, 46 KB]

   ...parents, and whanau. Subject to any appeal lodged by the plaintiff, the Kura is now able to look forward to a future of growth and development, after three years of uncertainty. 1 Victoria University of Wellington v Alton-Lee [2001] ERNZ 305; Binnie v Pacific Health Ltd [2002] 1 ERNZ 438; Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172. [8] Ms Watson for Mr Masina has confirmed that he does not intend to appeal against my dec...

8. [2015] NZEmpC 153 Scarborough v Micron Security Products Ltd [pdf, 82 KB]

   ...losing party should contribute to those costs. The starting point is two-thirds of actual and reasonable costs. 2 Scarborough v Micron Security Products Ltd [2015] NZEmpC 69. 3 Victoria University of Wellington v Alton-Lee [2001] ERNZ 305 (CA); Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 (CA); and Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172 (CA). [8] The Court may award indemnity costs. In considering an applicati...

9. [2013] NZEmpC 103 Language Centres v Page [pdf, 64 KB]

   NEW ZEALAND LANGUAGE CENTRES LTD (FORMERLY GEOS NEW ZEALAND LIMITED) v DAVID PAGE NZEmpC AUCKLAND [2013] NZEmpC 103 [5 June 2013] IN THE EMPLOYMENT COURT AUCKLAND [2013] NZEmpC 103 ARC 68/10 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority IN THE MATTER OF an application for costs BETWEEN NEW ZEALAND LANGUAGE CENTRES LIMITED (FORMERLY GEOS NEW ZEALAND LIMITED) Plaintiff AND DAVID PAGE D...

10. Scarborough v Kelly Services NZ Ltd (Costs) [2016] NZHRRT 3 [pdf, 48 KB]

    ...(Micron Security Products Ltd) she has been ordered to pay two sets of costs of approximately $19,000.00 and $5,500.00 respectively. Those orders have been appealed by her to the Court of Appeal. [6.5] She supports a 20 year old daughter who attends University and Ms Scarborough also pays $74 per week in child support for her son. Discussion [7] The Tribunal’s discretion to award costs is a broad one and costs do not follow the event. See Commissioner of Police v Andrews [2015] NZ...