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1. [2020] NZIACDT 30 - DMX v Guich (20 July 2020) [pdf, 113 KB]

   ...sustainable business employing 13 New Zealanders. He has mentored countless immigration advisers in the industry, as well as represented well over five thousand clients. Mr Guich describes himself as highly educated and competent, having multiple university degrees and speaking four languages. [21] According to Mr Guich, the complainant has fabricated many issues and blatantly lied about the primary basis of the complaint, yet he is the one who is being punished. He wants to know...

2. [2008] NZEmpC WC 9A/08 NZ Professional Firefighters Union $ Ors v NZ Fire Service Commission & Ors [pdf, 40 KB]

   ...such discretions, it must be exercised judicially and in accordance with principle. The key principles applicable to the Court’s discretion to award costs have been set out by the Court of Appeal in three very well known decisions: Victoria University of Wellington v Alton-Lee [2001] ERNZ 305, Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 and Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172. [8] The fundamental purpose of an award of costs is to recompense a party who has been su...

3. [2020] NZEmpC 117 Johnston v The Fletcher Construction Company Ltd [pdf, 222 KB]

   GRANT JOHNSTON v THE FLETCHER CONSTRUCTION COMPANY LIMITED [2020] NZEmpC 117 [5 August 2020] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2020] NZEmpC 117 EMPC 131/2017 EMPC 270/2017 EMPC 381/2017 IN THE MATTER OF an application for access to court documents by Steve Vrtkovski on behalf of Mayweathers BETWEEN GRANT JOHNSTON Plaintiff AND THE FLETCHER CONSTRUCTION...

4. Mr G v REAA Registrar [2013] NZREADT 15 [pdf, 66 KB]

   ...and it is important to look at the facts of the case in the round. [5] The facts of this case are sad for all parties concerned. Mr G was a promising badminton player. In 2006 he was in a party of other young badminton players who travelled to Auckland to play badminton. They were accompanied by a number of adults including Mr G’s mother. During an afternoon in the course of the championships the team began playing a game known as a Court Game which involved the young members of...

5. MacMillan v NZ Parole Board [2013] NZHRRT 3 [pdf, 61 KB]

   ...IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2013] NZHRRT 3 Reference No. HRRT 004/2012 UNDER THE PRIVACY ACT 1993 BETWEEN ANDREW RONALD MACMILLAN PLAINTIFF AND NEW ZEALAND PAROLE BOARD DEFENDANT AT AUCKLAND BEFORE: Mr RPG Haines QC, Chairperson Dr SJ Hickey, Member Mr RK Musuku, Member REPRESENTATION: Mr AR MacMillan in person Ms VJ Owen for Defendant DATE OF DECISION: 31 January 2013 DECISION OF TRIBUNAL STRIKING OUT STAT...

6. Steele v Community Leisure Centre Ltd (Strike-Out Application) [2019] NZHRRT 9 [pdf, 254 KB]

   ...HUMAN RIGHTS REVIEW TRIBUNAL [2019] NZHRRT 9 Reference No. HRRT 063/2016 UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN MARCUS STEELE PLAINTIFF AND COMMUNITY LEISURE MANAGEMENT LIMITED DEFENDANT AT AUCKLAND BEFORE: Ms MA Roche, Co-Chairperson Dr SJ Hickey MNZM, Member Mr BK Neeson JP, Member REPRESENTATION: Mr Steele in person Mr G Finnigan for defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 27 Febru...

7. Regulatory Impact Statement harmful digital communications [pdf, 56 KB]

   ...Big Picture to undertake research into a number of issues as part of the Law Commission’s review. 2 John Fenaughty Challenging Risk: NZ High-school Students’ Activity, Challenge, Distress and Resiliency, within Cyberspace (PhD Dissertation, University of Auckland, 2010).   16. The Courts can take a long time to reach a remedy. In addition, it is often unrealistic for some people to take civil proceedings or lay a complaint with police. These individuals may not have the mean...

8. [2021] NZEmpC 85 Wilson v Manukau Institute of Technology [pdf, 243 KB]

   BRIAN WILSON v MANUKAU INSTITUTE OF TECHNOLOGY [2021] NZEmpC 85 [11 June 2021] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2021] NZEmpC 85 EMPC 24/2021 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of a challenge to objection to disclosure BETWEEN BRIAN WILSON Plaintiff AND MANUKAU INSTITUTE OF TECHNOLOGY De...

9. [2016] NZEmpC 16 Best Health Products Ltd v Nee [pdf, 172 KB]

   ...time of the offer exceeded $750 (excluding GST); and that the offer was unreasonably rejected so that Ms Nee incurred more costs in dealing with BHPL’s unsuccessful challenge. 16 Victoria University of Wellington v Alton-Lee [2001] ERNZ 305 (CA) at [61]-[63], Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 (CA) at [14]; Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172; (2004) 17 PRNZ 16 (CA) at [42] and Belsham v Ports of Auckland Ltd...

10. [2007] NZEmpC AC 24/07 Jeffries v Adis International Ltd [pdf, 47 KB]

    JEFFRIES V ADIS INTERNATIONAL LTD AK AC 24/07 15 May 2007 IN THE EMPLOYMENT COURT AUCKLAND AC 24/07 ARC 61/05 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application for costs BETWEEN ADAIR NITHSDALE JEFFRIES Plaintiff AND ADIS INTERNATIONAL LIMITED Defendant Hearing: Submissions received on 23 February 2007 and 19 March 2007 (Heard on the papers) Judgment: 15 May 2007 COSTS...