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1. [2023] NZEmpC 75 Te Whatu Ora Health New Zealand v New Zealand Nurses Organisation Inc [pdf, 266 KB]

   ...available on call within ten minutes if required. Interim injunction principles [25] The principles to apply to this application are not disputed. They were authoritatively stated in NZ Tax Refunds Ltd v Brooks Homes Ltd where the Court of Appeal said:5 The approach to an application for an interim injunction is well established. The applicant must first establish that there is a serious question to be tried or, put another way, that the claim is not vexatious or frivolous....

2. NZLS Predictions in an Uncertain World [pdf, 957 KB]

   ...Minister’s Chief Advisor) p 5. (www.pmsca.org.nz) 8 Section 5(2)(c) RMA. 9 Section 31(1). 10 There is a difference in the wording of the functions about natural hazards of territorial authorities and regional councils. However the Court of Appeal said early on that the difference is immaterial: Canterbury Regional Council v Banks Peninsula District Council [1995] 3 NZLR 189 at 195. Judge Jackson  Predictions in an Uncertain World – assessing effects under the Resource M...

3. [2011] NZEmpC 72 Jansen Limited v Tree costs [pdf, 60 KB]

   ...that a nominal award should be made. I regret the delay in dealing with the matter but the Court file had been overlooked. [2] Both counsel accepted the categories in respect of which indemnity costs may be ordered as set out by the Court of Appeal in Bradbury v Westpac Banking Corporation. 1 Noting specifically that the categories were not closed, the Court listed the following circumstances in which indemnity costs had been awarded: 2 (a) the making of allegations of fraud k...

4. Tangitau v Hakaoro [2015] NZIACDT 52 (14 May 2015) [pdf, 165 KB]

   ...lodged the agreement, [2.2] Failed to deal with Immigration New Zealand’s proper inquiries, [2.3] Failed to tell his client Immigration New Zealand declined her application, due to the lack of response to the inquiries, [2.4] He then lodged an appeal without instructions, and [2.5] Failed to report to his client when this Tribunal cancelled his licence. [3] The Tribunal upheld the complaint. Mr Hakaoro: [3.1] Breached clauses 1.5(a), (b), and (d) and also 8(d) of the 2010 Code....

5. CAC20004 v Whisker [2015] NZREADT 14 [pdf, 113 KB]

   ...period of two years from the date of the Tribunal’s decision) if the CAC would drop the charges. The CAC rejected that position. Subsequent approaches were also rejected. 3. So at a very substantial cost Mr Whisker has had to prepare for two appeals only to arrive at a position which he was always prepared to acknowledge. His legal costs to date (exclusive of the cost of preparing these submissions) are $17,637.00 plus GST. 4. In addition, Mr Whisker personally made restitution t...

6. VU v AP LCRO 277/2011 (5 June 2013) [pdf, 50 KB]

   ...commonly agreed that there was no direct contact between them. [17] The content of the letter signed by Mr AP indicates that the Ombudsman’s intervention was sought to overcome the refusal by the Residence Review Board (RRB) to consider Mr VU’s appeal which had been filed outside the statutory time frame. ( It was filed a day late.) The appeal to the Ombudsman was based on the late filing being the fault of Mr AQ, it being submitted to the Ombudsman that the consequences of Mr...

7. BORA Child Poverty Reduction Bill [pdf, 198 KB]

   ...rights the Crown or other parties are to have. 14. Clause 28 of the Bill provides that the only remedies or relief that a court may grant for non-compliance with the child poverty reduction targets are a declaration (made by the High Court or, on an appeal, by the Court of Appeal or the Supreme Court) of that non- compliance, and costs. No form of monetary compensation or relief, or injunctive relief, is available as a remedy for non-compliance with the targets....

8. D v I [2019] NZIACDT 7 (14 February 2019) [pdf, 100 KB]

   ...professional violations was found to have been committed by him between about August 2013 and September 2017, such as: • failing to have written agreements with his clients; • failing to make clear his fees; • filing futile applications and appeals; • writing unprofessional communications to clients; and • failing to hold securely documents such as passports. 1 [citation removed]. 2 [citation removed]. The 15 decisions inc...

9. [2018] NZEnvC 213 Housing New Zealand Corporation v Auckland Council [pdf, 635 KB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER BETWEEN AND Court: Environment Judge C J Thompson Decision No: [2018] NZEnvC 2 ' ~ of an appeal under the Resource Management Act 1991 and the Local Government (Auckland Transitional Provisions) Act 2010 HOUSING NEW ZEALAND CORPORATION (ENV-2016-AKL-0000238) Appellant AUCKLAND COUNCIL Respondent Environment Commissioner K A Edmonds Deputy Environment Commissioner R M Bartlett THIRD...

10. VSC guide to filing a claim [pdf, 262 KB]

    ...Tribunal will issue its decision to the parties in writing, including any order for damages. Parties may appeal against the determination or order to the High Court, but only on a question of law. When all the claims have been determined and any appeals finalised, money held in the Trust Account is paid out in accordance with the Tribunal's order. Civil action Except for enforcement proceedings, if a claim has been finally determined under the Act, no party will be able to take...