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1. BORA Maritime Transport Amendment Bill [pdf, 185 KB]

   ...reasonable and proportionate. 21. The Bill also provides further checks in respect of Director testing. Section 40ZC(2)(b) provides for Director testing to be carried out only in reasonable circumstances. Workers selected for testing have a right to appeal the decision to test the worker, and the Director must, when carrying out testing; a. carry and show to the worker a document containing information about the power to perform the test, and b. provide the worker with a written state...

2. [2016] NZEmpC 124 Spotless Facility Services v Mackay [pdf, 86 KB]

   ...apply to the hearing of a non de novo challenge, since these differ from those relating to a de novo challenge: 5 Minute of 18 July 2016. a) A non de novo hearing is in the nature of an appeal. The challenger or plaintiff is required to show that the Authority’s determination was wrong. 6 b) Thus, the challenger has an onus of persuading the Court of the existence of an error of fact and/or law by the Authority in...

3. [2016] NZEmpC 131 A Labour Inspector v Taste of Egypt Ltd [pdf, 89 KB]

   ...moved out of the jurisdiction or dissipated. Initially, the Labour Inspector gave this evidence on the topic: I believe that the respondent is liquidating its assets and the directors are preparing to leave New Zealand. I believe that the appeal of the Authority’s determination is merely a stalling tactic to provide the respondent with time to dispose of assets of [the] company and distribute the proceeds of any sale to the directors personally in order to avoid their respons...

4. [2019] NZREADT 43 - Troughton v Registrar of the Real Estate Agents Authority (10 Oct 2019) [pdf, 240 KB]

   ...cancel the licence, the Registrar must– (a) include in the notice referred to in subsection (1)(d) the grounds for the decision and the date on which the cancellation takes effect; and (b) specify in the notice that the licensee has a right of appeal to the Tribunal under section 112; and (c) record the cancellation on the register as soon as practicable. [18] Section 56 of the Act prescribes the effective date of cancellation of a licence: 56 Effective date of cancellation...

5. Rudd - Horowhenua 11 Part Reservation Trust and Horowhenua 11 Lake (2018) 390 Aotea 31 (390 AOT 31) [pdf, 181 KB]

   ...court, the Judge considers that the proceedings are or were totally without merit. (3) In determining whether the proceedings are or were totally without merit, the Judge may take into account the nature of any other interlocutory application or appeal involving the party to be restrained, but is not limited to those considerations. (4) The proceedings concerned must be proceedings commenced or continued by the party to be restrained, whether against the same person or different per...

6. Tao v Body Corporate 198693 (Strike-Out Applications) [2021] NZHRRT 58 [pdf, 110 KB]

   ...Williams v New Zealand Police [2021] 2 NZLR 292 (Williams) at [71] to [76]. The parties have each provided submissions on the relevance of this decision to the Tribunal’s determination of this application. While this decision is currently under appeal to the Court of Appeal, it remains a useful current summary of the principles applicable to the strike- out jurisdiction of this Tribunal. [9] Those principles from Lavender, Kropelnicki and Williams are: [9.1] The pleaded facts are a...

7. [2021] NZEmpC 181 Wanaka Pharmacy Ltd v McKay [pdf, 221 KB]

   ...nuanced assessment of competing considerations.4 It is clear that both parties considered they were the successful parties. Both appear to have applied a somewhat simplistic approach to what constitutes success and failure. [10] The Court of Appeal in Health Waikato Ltd v Elmsly noted it is possible, and not uncommon, for parties to have mixed success and for no costs order to be made as a result (costs lying where they fall).5 [11] The companies claim that the challenge was broug...

8. [2021] NZEmpC 104 Oliver v Biggs [pdf, 216 KB]

   ...and incidental to the proceeding up to and including the discontinuance. While there remains a discretion under r 15.23, the onus is on the discontinuing plaintiff to persuade the Court to exercise the discretion in its favour.3 The Court of Appeal has made it clear that the presumption that costs are to be paid is not lightly displaced.4 [3] The issue in this case is whether the presumption referred to by the Court of Appeal should be displaced by the particular circumstances whi...

9. [2023] NZREADT 26 – Day v REAA (20 September 2023) [pdf, 99 KB]

   ...by the Authority that, in assessing Ms Day’s application, the Registrar applied the plain meaning of “exceptional circumstances”, which is consistent with the Tribunal’s use of the same criteria in the context of the acceptance of a late appeal. 6 [26] The Authority referred to Catley v Real Estate Agents Authority,2 where the Tribunal adopted the use of the term “exceptional” in Matson v The Real Estate Agents Authority3 as follows:4 …the word “exceptional...

10. [2024] NZEmpC 58 Cunningham v HealthAlliance NZ Ltd. [pdf, 202 KB]

    ...treats taxpayer money sensibly and responsibly, including recovering any money that is owed to it. [19] Mr Cunningham submits that the company is well funded and that it would not be impacted by a stay application. [20] As the Court of Appeal observed in Bathurst Resources Ltd v L&M Coal Holdings Ltd, orders for a stay should be approached with restraint, being the least necessary to preserve the losing party’s position against the prospect of an appeal succeeding...