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1. [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...

2. [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...

3. 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...

4. 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...

5. 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...

6. 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...

7. [2011] NZEmpC 52 C v Air New Zealand [pdf, 87 KB]

   C V AIR NELSON LIMITED NZEmpC AK [2011] NZEmpC 52 [26 May 2011] IN THE EMPLOYMENT COURT AUCKLAND [2011] NZEmpC 52 ARC 7/10 IN THE MATTER OF a challenge to a determination of the employment Relations Authority AND IN THE MATTER OF an application for costs BETWEEN C Plaintiff AND AIR NELSON LIMITED Defendant Hearing: By memoranda of submissions filed by the plaintiff on 20 April, by the defendant on 6 May, and by the plaintiff in reply...

8. Recording Industry Association of New Zealand v Telecom NZ 3553 [2013] NZCOP 6 [pdf, 44 KB]

   ...persons found to have down/uploaded copyright works from the Internet without permission. [2] The Applicant here is the Recording Industry Association of New Zealand (RIANZ) which filed the application to the Tribunal as agent for copyright owners Universal Music, Inc, Societe D’Invertissements Et De Gestion 104 SAS and WMG Acquisition Corp. [3] The Respondents are an individual account holder. [4] The case concerns the uploading of sound recorded songs by means of the BitTorre...

9. [2022] NZACC 66 – Sankaran v ACC (27 April 2022) [pdf, 198 KB]

   ...UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN ESTATE OF J SANKARAN Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 19 April 2022 Held at: Auckland/Tāmaki Makaurau Appearances: S Sankaran for the appellant J Sumner for the respondent Judgment: 27 April 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for treatment injury - s 32, Accident Compensation Act 200...

10. Mitchell v Corrections [2024] NZHRRT 13 [pdf, 176 KB]

    ...Corrections. These included: [3.1] A complaint that Ms Mitchell lodged with the Police in September 2019 alleging that she had been mistreated by Corrections staff at Arohata Prison (Arohata); and [3.2] Ms Mitchell’s transfer from Arohata to Auckland Region Women’s Correctional Facility (ARWCF) on 28 November 2019. [4] Ms Mitchell issued five separate information privacy requests to Corrections: [4.1] On 17 December 2019 Ms Mitchell sought all documentation relating to her...