Search Results

1. [2008] NZEmpC WC 9A/08 NZ Professional Firefighters Union $ Ors v NZ Fire Service Commission & Ors [pdf, 40 KB]

   ...confers a broad discretion on the Court but, as with all 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...

2. [2018] NZEmpC 97 Noble v Ballooning Canterbury.com Ltd [pdf, 312 KB]

   ...controversy about this. [24] In this case, the real issue is whether, and if so how, the Court might exercise its discretion. This requires an assessment of the respective interests of both parties, which must be balanced as summarised by the Court of Appeal in A S McLachlan Ltd v MEL Network Ltd in this well known dicta:11 [15] The rule itself contemplates an order for security where the plaintiff will be unable to meet an adverse award of costs. That must be taken as contempl...

3. Justice Sector prison population forecast May 2009 update [pdf, 142 KB]

   ...observed patterns in the data. This usually means that the monitor will appear towards the end of the second month after the date on the front page – e.g. the January report will appear towards the end of March. The outcome of cases may change due to appeals, and so the latest data points should always be regarded as provisional. Graph conventions Unless otherwise stated: � Thin solid lines: actual numbers. � Thick solid lines: from May 2009, trend lines are calculated using...

4. [2011] NZEmpC 117 Advkit v Weston Rehearing [pdf, 84 KB]

   ...“great dexterity” as Mr Dixon-McIver was suggesting in the affidavit he had prepared for her to sign. The motor skills involved are not all that complicated but it is the use of one’s creativity and satisfaction in seeing the end product which appeals to people attending the courses. She was totally unaware of the circumstances surrounding Mrs Weston’s employment claim, but was aware that she had been assaulted as she was very upset at one stage. Mrs Weston never told her...

5. Newbury v Windsor LCRO 58 / 2009 (20 July 2009) [pdf, 28 KB]

   ...instructions or any terms of retainer or rate of remuneration at that time. [5] On 20 April 2008 Mr Newbury provided Mr Windsor with further instructions in respect of Mr W. He was instructed to assist in the preparation of submissions on leave to appeal and to undertake research in the matter. These were supplemented by an email of 24 April in which Mr Newbury noted that he was attaching submissions which could be “remerged”. Some time after 20 April 2008 Mr Newbury emailed...

6. Penalty REAA CAC 20004 v Lindsay [2014] NZREADT 35 [pdf, 39 KB]

   ...ethics to be determined by the Registrar, and approved as appropriate by our Chairperson, just as soon as that can be conveniently arranged. 7 [35] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Ms N Dangen Member ______________________________ Ms C...

7. [2018] NZEnvC 142 Gisborne District Council v O'Connell [pdf, 664 KB]

   ...original situation; • Over the period 17 September 2014 until 17 February 2017, the Council had served parking infringement notices, resource management infringement notices and an abatement notice on Mr O'Connell. Mr O'Connell has not appealed the abatement notice nor contested any of the infringement notices, nor paid any of the infringement fees; • A feature highlighted in Mr Dobbie's affidavit was threatening and abusive conduct on Mr O'Connell's p...

8. Rabson v Solicitor-General (Strike-Out Application) [2018] NZHRRT 37 [pdf, 312 KB]

   ...105 of the Human Rights Act. Section 105 requires the Tribunal "to act according to the substantial merits of the case, without regard to technicalities". That section applies, with necessary modifications, to decisions of this Court on appeal against a decision of the Tribunal: s123(5). [46] The Tribunal has an express power to dismiss proceedings, if satisfied that they are frivolous, vexatious or not brought in good faith: s115. As Mr Laurenson points out, the Tribunal delib...

9. Lett - Waipu 4A3E1 (2021) 431 Aotea MB 100 (431 AOT 100) [pdf, 264 KB]

   ...registered proprietors, on the basis they were the rightful owners and had not alienated the land. They claimed fraud in relation to the 2 Matthews v Matthews – Estate of Graham Ngahina Matthews [2015] Māori Appellate Court MB 512 (2015 APPEAL 512); and Phillips v Ashby – Oromahoe 17B2 (2006) 6 Taitokerau Appellate MB 271 (6 APWH 271). See also Barnes – Te Horo 2B2B2B Residue (2008) 125 Whangarei MB 11 (125 WH 11); and Northcroft v Northcroft – Tauhara Middle 4A1L1B1A...

10. LCRO 197/2017 SM v HW (29 March 2019) [pdf, 293 KB]

    ...scope of review [39] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...