Search Results

1. [2023] NZEmpC 96 Halse v Employment Relations Authority [pdf, 291 KB]

   ...[21] When considering a strike-out application, pleaded facts, whether or not admitted, are assumed to be true.4 [22] The criteria for striking out for no reasonably arguable cause of action under r 15.1(1)(a) was summarised by the Court of Appeal in Attorney-General v Prince:5 ... It is well settled that before the Court may strike out proceedings the causes of action must be so clearly untenable that they cannot possibly succeed ... the jurisdiction is one to be exercised spari...

2. Karaitiana-Bryant v Karaitiana - Waipahihi 4H [2024] Chief Judge's MB 278 (2024 CJ 278) [pdf, 300 KB]

   ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.4 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [19] The Court of Appeal has confirmed that the power under s 44(1) of the Act falls into two parts:5 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the cou...

3. Lawyer-for-Subject-Person.-Selection-Appointment-and-Other-Matters.pdf [pdf, 238 KB]

   ...on the rate of remuneration and/or any additional cost, the file should be referred to a judge for direction. 6.9 The lawyer’s appointment will continue: (a) for 28 days from a final order pending any party to the proceedings taking steps to appeal; and (b) if directed to continue by the court for a specific purpose. 6.10 The role of the lawyer is contained in section 65 of the PPPR Act and referred to in detail in the FLS Best Practice Guidelines. 7 REPORT TO THE COURT...

4. Lawyer-for-Child-practice-note-updated-July-2024.pdf [pdf, 253 KB]

   ...the rate of remuneration and/or any additional cost, the file should be referred to the judge for direction. 6.7 When a final order has been made, the lawyer's appointment will continue: (a) for 28 days in order to advise on the merits of an appeal (section 9B(d) of the FCA); and [2020] NZFC 3346 4 (b) in COCA cases to comply with section 55(4). 6.8 The role of the lawyer is referred to in detail in the FLS Best Practice Guidelines. 7 ORANGA TAMARIKI ACT 1989: RE...

5. [2024] NZEmpC 4 Bread of Life Christian Church in Auckland v Chen [pdf, 221 KB]

   ...and I do not consider it is in the interests of justice to do so. Application for a stay of proceedings [36] The plaintiff applies for a stay of execution of the Authority’s determination. It does so on the grounds that: (a) the proposed appeal will be rendered nugatory unless a stay is granted; (b) third parties, being donors of the Trust Board, members of the Church, and those with an interest in the High Court proceedings, will be negatively impacted by the lack of a stay;...

6. Dean v Ministry of Social Development (Strike-Out) [2024] NZHRRT 15 [pdf, 218 KB]

   ...was subsequently suspended as a result of failing to satisfy what he described as the Ministry’s request for information “which was some financial statements of [the plaintiff’s] company which were known not to exist.” His partner had appeal rights in relation to the Ministry’s suspension decision. Mr Dean refers to his partner having taken two unsuccessful cases to the Social Security Appeal Authority challenging her SLP benefit suspensions. The first statement of clai...

7. [2024] NZEmpC 98 Crichton v Dig Tip Earthworks Ltd Anor [pdf, 257 KB]

   ...and (ab) the terms may not be cancelled under sections 36 to 40 of the Contract and Commercial Law Act 2017; and (b) except for enforcement purposes, no party may seek to bring those terms before the Authority or the court, whether by action, appeal, application for review, or otherwise. (3A)… (4) A person who breaches an agreed term of settlement to which subsection (3) applies is liable to a penalty imposed by the Authority. [16] Section 151 provides: 151 Enforcemen...

8. Peta v Hemara - Succession to Henry Peta [2023] Chief Judge's MB 731 (2023 CJ 731) [pdf, 335 KB]

   ...interests of justice to remedy the mistake or omission. [11] The principles that are applied to s 45 decisions have been previously set out in numerous decisions of the Chief and Deputy Chief Judges, the Māori Appellate Court, and the Court of Appeal. [12] However, for the benefit of the applicant, I note that s 44 explicitly refers to situations where the Court has made an incorrect decision due to a flaw in the evidence presented, or in the interpretation of the law, and it is...

9. Pikia - Succession to Roimata Ani Pikia [2023] Chief Judge's MB 747 (2023 CJ 747) [pdf, 379 KB]

   ...interests of justice to remedy the mistake or omission. [13] The principles that are applied to s 45 decisions have been previously set out in numerous decisions of the Chief and Deputy Chief Judges, the Māori Appellate Court, and the Court of Appeal. [14] However, for the benefit of the applicant, I note that s 44 explicitly refers to situations where the Court has made an incorrect decision due to a flaw in the evidence presented, or in the interpretation of the law, and it is...

10. Cheng v Serco New Zealand Limited [2025] NZHRRT 11 [pdf, 203 KB]

    ...made against Mr Cheng. [49] However, there is no evidence that Serco’s failure in this regard had, or was likely to have had, any material impact on the outcome of Mr Cheng’s High Court litigation to date, nor on the outcome of subsequent appeals to the Court of Appeal. We further note that there appears to be no mention of the matter having been raised by Mr Cheng in the related judgments or minutes of the courts that were put before the Tribunal.17 Nor do the costs orders a...