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1. [2015] NZEmpC 108 Nisha v LSG Sky Chefs NZ Ltd [pdf, 102 KB]

   ...no other purposes: (b) if copies of any documents have been made available by any party,— (i) those copies must be returned to that party within 28 clear days after the conclusion of the proceedings or after the conclusion of any related appeal, whichever is the later; and (ii) copies of any of those copies must not be retained by the party to whom those copies were made available: (c) the information contained in any document so disclosed but not used in evidence in t...

2. Bailey - Ngati Rahiri 1G1A and 1G1B (2004) 135 Aotea MB 158 (135 AOT 158) [pdf, 491 KB]

   ...Court may make partition orders, amalgamation orders, and aggregation orders, grant easements, and layout roadways in accordance with the provisions of this Part of the Act. " Section 288 of the Act is of particular relevance to the present appeal. It states: /I 288 Matters to be considered (1), In addition to the requirements of subsections (2) to (4) of this Section, in deciding whether or not to exercise its jurisdiction to make any partition order, amalgamation order, or aggr...

3. [2017] NZEmpC 100 Lyttelton Port Company Ltd v Arthurs [pdf, 148 KB]

   ...intended to bolster his pleading that he was subjected to disparity of treatment by Lyttelton Port. In Wikaira v Chief Executive of the Department of Corrections 6 former Chief Judge Colgan considered the test for disparity following the Court of Appeal in Chief Executive of the Department of Inland Revenue v Buchanan (No 2), 7 and held there were three parts to consider: (a) Is there disparity of treatment? (b) If so, is there an adequate explanation for the disparity? (c)...

4. Green v Wiari Green Estate - Uekaha A12BA2 (2004) 123 Otorohanga MB 197 (123 OT 197) [pdf, 422 KB]

   ...fencing costs to date, and have still to receive reimbursement from the Kohatu Green whanau and the Estate. In the meantime the outstanding costs have represented an overdraft in the bank account ofW T and D Green. The High Court, the Court of Appeal and the Supreme Court have the power under the Judicature Act 1908 to order interest on debts or damages as from the date the debt or damage was incurred. The District Court has power under the District Court Act to order interest a...

5. Allison - Te Waiti 2C2 (2001) 77 Ōpōtiki MB 37 (77 OPO 37) [pdf, 1.6 MB]

   ...(whether by way of injunction or otherwise). The extensive supervisory role played by the Maori Land Court over Maori land trusts has been discussed in In Re Proprietors of Mangakino Township v Maori Land Court 16/6/99, CA 65/99 where the Court of Appeal has discussed the effect of these two provisions as follows: 'Trusts are a development of judge made law and courts of equity have for centuries undertaken the function 'of supervising them. The Maori Land Court is expressly...

6. Tangiora - Poukawa 13B (2002) 168 Napier MB 119 168 NA 119) [pdf, 339 KB]

   ...and stated that if the trustees had carried out their duties correctly then he would not have made the application. 35. The general rule is that the costs follow the event unless exceptional circumstances exist to depart from this rule. (see Appeal by DTS Riddiford at MS 13 ACTK 184) 36. This case has no exceptional circumstances which require me to depart from this rule. The applicant has been unsuccessful and has by his litigation cost the trust and the beneficial owners consi...

7. Kerr v Stewart - Maketu A102 (2012) 58 Waiariki MB 3 (58 WAR 3) [pdf, 168 KB]

   ...the Trust Order but requires the Court to have regard to the ability of the proposed trustee and the acceptability of the person to the beneficiaries. The Order appointing these present trustees has not been the subject of any judicial review or appeal and I decline to take this issue any further. [12] The third ground of the application is: “To the extent that the Applicant does not prove a lease a licence the trustees should be estopped from evicting the Applicant or such furth...

8. LCRO 219/2016 and 224/2016 AL v UT (24 January 2019) [pdf, 162 KB]

   ...In particular it is noted that s 138(1)(f) of the Lawyers and Conveyancers Act 2006 provides that it is appropriate for the Committee to take no further action on the matter where: there is in all the circumstances an adequate remedy or right of appeal, other than the right to petition the House of Representatives or to make 10 Appendix A – Additional Clauses, clause 18(a). 11 Standards Committee determination, above n 2 at [37]. 7...

9. Auckland Standards Committee 2 v Burcher [2018] NZLCDT 42 [pdf, 111 KB]

   ...decisions to prosecute. [31] We accept that the unsatisfactory conduct found was at the higher level of culpability. [32] Section 249 provides the Tribunal with a broad discretion in awarding costs, as has been recently affirmed by the Court of Appeal in Lagolago v Wellington Standards Committee 2.3 [33] Further, the legislation provides that, even in a situation of full acquittal, there is a provision granting the Tribunal ability to award costs.

10. [2018] NZEmpC 101 Ovation New Zealand Ltd v The New Zealand Meat Workers and Related Trades Union Inc [pdf, 322 KB]

    ...payment for rest breaks under s 69ZD of the Act, in either of its manifestations, may be incorporated within piece work rates. [16] As was observed by Chief Judge Inglis in the decision to remove the proceedings to this Court, the Court of Appeal’s recent judgment in Lean Meats Oamaru Ltd v New Zealand Meat Workers and Related Trades Union Inc did not address this issue;11 and the Employment Court judgment touched on it but did not decide the point.12 It remains for resolutio...