Search Results

1. [2023] NZEmpC 170 FGH v RST [pdf, 283 KB]

   ...this matter, to award the costs payment would raise an access to justice issue, and would be oppressive having regard to her financial circumstances and the fact she is now a mother in uncertain circumstances. [25] Each of these issues requires careful consideration by the Court. Legal principles [26] The Court’s power to award costs is discretionary, as set out in cl 19 of sch 3 to the Employment Relations Act 2000 (the Act). Regulation 68 of the Regulations provides that in e...

2. Friesen v Accident Compensation Corporation (Issue estoppel) [2025] NZACC 134 (25 August 2025) [pdf, 343 KB]

   ...not be contested in subsequent litigation between the same parties. The rule rests on two foundations: (a) the interest of the community in the determination of disputes and the finality and conclusiveness of judicial decisions; and (b) the protection of individuals from repeated suits for the same cause. [19] Cooper J concluded that Fogarty J was correct to find in the High Court that the South African Judge's findings as to the existence of a partnership and the assets...

3. Tank Trust v Auckland Council & Anor [2013] NZWHT Auckland 15 [pdf, 237 KB]

   ...property is required as an alternative rental in order to provide equivalent alternative Page | 11 accommodation to their current dwelling. Mr Rainey argued that the Council had not explained how the claimants’ household effects could be protected and made safe if they remained in their current dwelling while it is repaired. However the Council is not arguing that all of the household goods should remain on site; it is suggesting that they can be accommodated in the ren...

4. DairyNZ Limited [pdf, 427 KB]

   ...including farm systems and Overseer experts and based on risk of diffuse discharge of N, P, sediment and E.coli. DairyNZ has not specified how and when the stocking rate should be applied. Instead, if stocking rate is to apply to both dairy and drystock, careful assessment of implications and effectiveness is needed, as well as the threshold values chosen. Rule 3.11.4.3 applies a different permitted activity threshold metric for drystock farming compared to that applying to dairying....

5. LCRO 184/2020 BC v NP and RS decision & minute (20 May 2021 & 30 April 2021) [pdf, 257 KB]

   ...the LSO spoke to Mr RS, and also informed him of the Committee’s preliminary view about the complaint. The Call Log records that Mr RS 6 A reference to s 4(a) of the Act and r 2 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 5 “offered to provide any further information Standards Committee required, understands that this will be recorded in the decision…”. [31] Both respondents were also informed that the Standards Committee was of t...

6. CW v Accident Compensation Corporation (Claim for cover for mental injury) [2025] NZACC 057 (7 April 2025) [pdf, 338 KB]

   ...enabled ACC to assess this claim. The cover decision as of the date of this letter is a fresh decision. This fresh decision amends the decision dated 10/05/2021. This fresh decision has review rights. Thank you for your patience while we carefully assessed your Treatment Injury claim for cover. … How we made this decision Based on the information we’ve received including the assessment report from Dr Rajendra Pavagada, there isn’t sufficient evidence to show your men...

7. [2021] NZEnvC 032 Cabra Rural Developments Limited v Auckland Council [pdf, 32 MB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KOTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU IN THE IYIA TIER OF BETWEEN AND AND Decision No. [2021] NZEnvC O 3 2 the Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA), and the Resource Management Act 1991, and the rural subdivision provisions of the in part proposed and in part Operative Auckland Unitary Plan, and appeals pursuantto s 156 oftheLGATPA CABRA RURAL DEVELOPMENTS LIMITED FOREST HABITATS LIMITED

8. Fehling v South Westland Area School [2012] NZHRRT 15 [pdf, 144 KB]

   ...accurate and succinct manner. He was forthright and direct when responding to questions. We are of the view he has conscientiously provided a true account of the events in question. [59] Mr Fehling is an intelligent and articulate individual who cares passionately about his deeply held convictions. It would appear that some mistake his passion and intensity for “anger” or intimidation. For example, Ms Sloane said in her evidence that she had felt that in the course of presenting...

9. [2016] NZEmpC 13 Adams t/a Untouchable Hair & Skin v Brown [pdf, 171 KB]

   ...excess of $15,000. [31] The next relevant offer was made for Ms Brown by letter of 24 November 2014. [32] Before outlining its terms I observe that the Court of Appeal has made it clear that both parties should have the option of obtaining protection from costs by making offers to settle in some way in order to meet a claim. So, plaintiffs (here the cross- challenger) should also have protection where defendants decline reasonable settlement offers. 18 [33] The offer made fo...

10. Hawkes Bay Standards Committee v Clarkson [2012] NZLCDT 37 [pdf, 73 KB]

    ...has made out a case of sufficient weight to displace the normal requirements of openness in the Tribunal’s processes. [43] On balance, we do not consider that she has made out such a case. The medical report was a matter which we considered carefully, but we have reached the conclusion that it does not outweigh the requirement for openness. [redacted]. Of course the proceedings have now been resolved, by the withdrawal of five charges of misconduct and the amendment of the tw...