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1. [2018] NZEmpC 34 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 300 KB]

   ...will be unable to meet an adverse award of costs. That must be taken as contemplating also that an order for substantial security may, in effect, prevent the plaintiff from pursuing the claim. An order having that effect should be made only after careful consideration and in a case in 3 Employment Court Regulations 2000, reg 6; High Court Rules 2006, r 5.45. 4 Davidson v Great Barrier Airlines Ltd, above n 2, at [13]. 5 At [14]. 6...

2. [2018] NZEmpC 41 Rachelle v Air New Zealand Ltd [pdf, 343 KB]

   ...be unable to meet an adverse award of costs. That must be taken as contemplating also that an order for substantial security may, in effect, prevent the plaintiff from pursuing the claim. An order having that effect should be made only after careful consideration and in a case in which the claim has little chance of success. Access to the Courts for a genuine plaintiff is not lightly to be denied. Of course, the interest of defendants must also be weighed. They must be prote...

3. National Standards Committee 1 v Name Suppressed [2021] NZLCDT 5 [pdf, 150 KB]

   ...exercise its discretion to admit otherwise inadmissible evidence in all cases.16 The statutory scheme and purpose, together with all relevant circumstances presented by the proceeding and the evidence sought to be admitted should be evaluated with care;17 (c) The rules of natural justice provide a “hard limit” on the discretion of the Tribunal because of the unqualified obligation to observe those rules set out in s 236 of the Act to which s 239(1) is subject.18 [22] In W,...

4. HR v OW & CT LCRO 79/2014 (8 September 2015) [pdf, 299 KB]

   ...regarded by lawyers of good standing as unacceptable. That conduct fell within the definition of unsatisfactory conduct set out in s 12(b) of the Act. [4] Ms OW and Mr CT’s conduct was found to have contravened two of the Conduct and Client Care Rules. Rule 10 by not promoting and maintaining proper 2 standards of professionalism in their dealings with Mr HR; and rule 12 by not conducting their professional dealings with Mr HR with integrity, respect and courtesy. Those co...

5. OIA-109319.pdf [pdf, 1.9 MB]

   ...figure exists. Therefore, I am refusing this part of your request under section 18(e) as the information does not exist. In response to the last part of your request, I am withholding this information in full under section 9(2)(f)(iv) of the Act, to protect the confidentiality of advice tendered to Ministers and officials. In withholding information under section 9, the Ministry has considered the public interest and does not consider it outweighs withholding the information at this...

6. [2019] NZEnvC 146 Awaroa Aerodrome Ltd v Tasman District Council [pdf, 2.1 MB]

   ...dependent on detailed and contestable assessments of the underlying factual and legal issues. Instead of referring the matter to Council's lawyers for further advice it issued an infringement notice which forced Awaroa to file this appeal to protect its position.17 [20] Awaroa contends that this appeal would have been avoided if the Council had acted in a reasonable manner. Section 285 RMA [21] Under s285 RMA, the court may order any party to proceedings before it to pay to...

7. [2022] NZACC 86 - Foster v ACC (11 May 2022) [pdf, 186 KB]

   ...award costs. (c) Review decision of 11 March 2021: dismissing the claim that there were two deemed decisions in Ms Foster’s favour. (a) 9 November 2020 review decision Background [2] Ms Foster was born in 1972, and she worked as a health care assistant. [3] On 20 May 2015, Ms Foster reported spinal pain following lifting at work. On 25 May 2015, Dr Willem Jordaan, GP, lodged a claim for lumbar sprain. Cover was granted and entitlements were paid. [4] On 9 May 2016, WellNZ,...

8. Appellant v The Real Estate Agents Authority (CAC 410) & Geoffrey Twigden [2017] NZREADT 79 [pdf, 236 KB]

   ...allegations against him. In its substantive decision, the Committee found that Mr Twigden had engaged in unsatisfactory conduct under s 72(b) of the Act (contravening a provision of the Act or the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the Rules”) by: [a] failing to provide a written appraisal of the property, in breach of r 10.2 of the Rules; and [b] failing to provide [the appellant] with the approved guide as to the sale of a residential...

9. Criminal Cases Review Commission: areas for further discussion - Redacted [pdf, 334 KB]

   ...however, against the possible inappropriateness of overriding judicial discretion and any implication that the courts will not take an independent 9 Similar to Oranga Tamariki (Residential Care) Regulations 1996, s 16(5) where “[a]ny person acting as an advocate for a child or young person under this regulation shall be afforded reasonable assistance and access to records concerning the child or young person that are relevant t...

10. 2017 NZSSAA 066 (22 November 2017) [pdf, 119 KB]

    ...phone. Ms XXXX says she needed a phone for her personal safety because she was at risk of domestic violence. [34] The client notes confirm that Ms XXXX lost her phone; was six months pregnant, required the phone for medical reasons, had a protection order and required the phone should she need to contact the Police. The file note also records that she agreed to repay this grant at $2 per week and that, at that time, Ms XXXX was $990.36 over her advance entitlement. 19 April...