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1. LCRO 144/2016 QT v UF (24 August 2018) [pdf, 245 KB]

   ...scope of review [37] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:5 … 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...

2. [2018] NZEmpC 107 TKR Properties Ltd t/a Top Pub & Route 26 Bar and Grill v MacDonald [pdf, 231 KB]

   ...<www.employmentcourt.govt.nz/legislation-and- rules>. proceeding against a defendant must pay costs to the defendant of and incidental to the proceeding up to and including the discontinuance. [16] While there remains a discretion under the Rule, the Court of Appeal has recognised it must be exercised only where it is just and equitable, with the onus on the discontinuing plaintiff to persuade the Court to exercise that discretion. The presumption that costs are to...

3. [2018] NZEmpC 124 Kiwi Ink Construction Ltd v Hughes [pdf, 255 KB]

   ...costs is necessary. M E Perkins Judge Judgment signed at 12 noon on 23 October 2018 4 Hollinshead v Davey [2018] NZEmpC 116. 5 See, for example, Avery v No 2 Public Service Appeal Board [1973] 2 NZLR 86 (CA) at 91.

4. Deliu v New Zealand Law Society [2012] NZHRRT 1 [pdf, 103 KB]

   ...to violate directly the international conventions ratified by New Zealand in terms of access to justice, ie, independent and unafraid counsel, for the purpose of following his own agenda” (para [78]). [6] In an application for special leave to appeal dated 14 October 2008 and filed in Ley v Chief Executive of the Ministry of Social Development (SC77/2008) the first three grounds of appeal were framed in the following terms: 1. Justice Harrison was actually or apparently biased; 2. Ju...

5. [2021] NZEmpC 123 20 District Health Boards v New Zealand Nurses Organisation [pdf, 190 KB]

   ...important questions of law which arise in the proceedings other than incidentally. They can be summarised as follows: 2 Employment Relations Act 2000, s 178(3). 3 Employment Relations Act 2000, ss 178(2)(a)-(b) and 178(3). 4 The Court of Appeal has recently touched on the limited statutory grounds for removal, although in a case which did not engage s 178(2): A Labour Inspector (Ministry of Business, Innovation and Employment) v Gill Pizza Ltd [2021] NZCA 192 at [48]. See also t...

6. Bayne v Ngati Rehua Ngati Wai Ki Aotea Trust Board - Ngati Rehua Ngati Wai Ki Aotea Trust Board (2017) 157 Taitokerau MB 27 (157 TTK 27) [pdf, 184 KB]

   ...situation, the degree of success achieved by the respondent and the time required for effective preparation. 2 Nicholls v Nicholls – Part Papaaroha 6B Block [2011] Māori Appellate Court MB 64 (2011 APPEAL 64). 157 Taitokerau MB 31 Should costs be awarded and, if so, in what amount? [9] The starting point is that costs follow the event and a successful party should be awarded a reasonable contribution to the costs tha...

7. Committee of Management of Waipiro A13 Incorporation - Waipiro A13 Incorporation (2008) 182 Gisborne MB 1 (182 GIS 1) [pdf, 1.1 MB]

   ...Without the assistance of legal counsel it is highly likely that the Incorporation would not be able to prosecute this case. 182 Gisborne MB 4 Civil Legal Aid [1] Is assistance through the LSA available to the Incorporation? The COUlt of Appeal upheld the decision of the High COUlt in Edwards v Legal Services Agency [2003]1 NZLR 145. In tltis case Mr Edwards and Te Riinanga 0 Muriwhenua, and Te Hau and Te Whiinau o Rongomaiwahine Tl1Ist Incorporated, sought to challenge the de...

8. Fenton - Rurima (2005) 108 Whakatāne MB 148 (108 WHK 148) [pdf, 412 KB]

   ...Court as to any limitations on the tenure of trustees. Sixthly, any party dissatisfied with the current gazette notice is free to make application pursuant to section 45 ofTe Ture Whenua Maori Act 1993 if they so wish. The remedies of rehearing, appeal and review are also available. Decision [18J For the reasons stated, the existing trustees are confrrmed in that office until further order of the Court. Messrs Araroa, Eruera, Hohapata-Oke and Olsen are appointed advisory trustees,...

9. [2019] NZEmpC 169 Rauland NZ Ltd v Delvo [pdf, 123 KB]

   ...indication of the conclusion which might be reached in other cases… the discretion is more likely than not to be exercised in favour of a direction that the Authority investigate the matter. [12] Again, the issue of whether or not there will be an appeal is purely speculative. It imples that the parties regard the Authority as simply going through the motions when that is not the case. The submission denigrates the Authority, its Members and the valuable investigative process w...

10. LCRO 159/2014 AB and RJ v OC and BR [pdf, 209 KB]

    ...fell below the requisite standard as she did not attend to matters in a timely fashion, while at the same time conveying an impression that work was in hand. (b) Ms OC’s failure to advise the clients about their options of judicial review or appeal were significant failures. (c) There were many examples of Ms OC’s failure to respond to the clients in a timely manner and failures to communicate. (d) Ms OC acknowledged that she did not complete the retainer, despite there bein...