Search Results

1. Sax v Commissioner of Police (Strike-Out – Discrimination) [2022] NZHRRT 33 [pdf, 173 KB]

   ...applied by the Tribunal when considering whether to strike out a claim are those articulated by Richardson P in Attorney-General v Prince and Gardner [1998] 1 NZLR 262 (CA) at 267. [39] Section 115A mirrors r 15.1 of the High Court Rules 2016 which permits the High Court to strike out all or part of a pleading if it is an abuse of process. The jurisdiction is to be used sparingly. See Williams v Police [2021] NZHC 808 (2021) 12 HRNZ at [73]- [76], [87]. [40] An abuse of process can...

2. [2017] NZEnvC 062 Pukekohe East Community Society Incorporated v Auckland Council [pdf, 1.8 MB]

   ...complete road closures are to be submitted at least 30 working days prior to the anticipated closure date. Work on the road reserve covered by the specific CAR shall not commence until the requiring authority is in possession of a Works Approval Permit from Auckland Transport. All work shall be carried out in accordance with the National Code of Practice for Utility operators' Access to Transport Corridors and any other CAR specific conditions agreed between Auckland Transport and W...

3. Sax v Commissioner of Police (Strike-Out – Privacy) [2022] NZHRRT 34 [pdf, 247 KB]

   ...applied by the Tribunal when considering whether to strike out a claim are those articulated by Richardson P in Attorney-General v Prince and Gardner [1998] 1 NZLR 262 (CA) at 267. [43] Section 115A mirrors r 15.1 of the High Court Rules 2016 which permits the High Court to strike out all or part of a pleading if it is an abuse of process. The jurisdiction is to be used sparingly. See Williams v Police [2021] NZHC 808 (2021) 12 HRNZ at [73]- [76], [87]. [44] An abuse of process can...

4. George Lancaster v The Real Estate Agents Authority (CAC 491), John Lantz & Stephanie Kelland [2017] NZREADT 77 [pdf, 209 KB]

   ...evidence or material will assist it in determining the appeal. Such evidence or material must be cogent and material to the Tribunal’s determination of the appeal, and not reasonably available to be put before the Committee. The Tribunal may also permit witnesses to be questioned as to their statements to the Committee. In deciding whether to admit further evidence or further material, or to permit witnesses to be questioned, the Tribunal will have regard to the interests of ju...

5. [2012] NZCA 508 CA414/2012 Moodie v The Employment Court and Strachan [pdf, 147 KB]

   ...explaining the background to the fee he received for the case in question. We see no purpose in allowing it to be adduced. It is not fresh and in the end its objective is to call into question the Judge’s factual finding, something that is not permitted in relation to Employment Court decisions whether on appeal or on review. The limited nature of both the appeal provisions and those relating to review do not permit a second look at factual findings of the Employment Court. Th...

6. LCRO 117/2017 LA v KB (11 December 2019) [pdf, 157 KB]

   ...was a “person chargeable” with Mr BAK’s invoice, there were no “special circumstances” for the purpose of reg 29 of the Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008, which would permit the Committee to consider Mr LA’s complaint made “more than two years” after Mr BAK had issued his invoice to the liquidator.12 (2) Conditional fee agreement [25] The Committee determined that Mr BAK had not contravened r 9.8 of...

7. [2015] NZEmpC 44 Mana Coach Services Ltd v the New Zealand Tramways and Public Transport Employees Union [pdf, 401 KB]

   ...the notified start of strike action. That was that the drivers would not be going on strike, would be ready, willing and able to undertake their rostered duties from 2.30 pm that day, and expected to be paid for these, whether or not they were permitted by the company to work them. [23] The Union’s intention in adopting this tactic was to compel the company to make one of two unpalatable choices. It could either have paid the drivers what they would have earned for the period of...

8. [2017] NZEmpC 104 Nathan v Broadspectrum (NZ) Ltd [pdf, 218 KB]

   ...Ltd v Denyer the Court of Appeal analysed s 140(6) of the Act. In relation to the right of appeal, the Court of Appeal noted: 12 Finally, there is a right of appeal to this Court against an order made under s 140(6) of the Act. Section 217 permits such an appeal to this Court as if the appellant “were a defendant who had been convicted on a charge and 11 Hynds Pipe Systems Ltd v Forsyth [2017] NZEmpC 89. 12 Peter Reynol...

9. Yiasoumi v Attorney-General [2017] NZHRRT 12 [pdf, 242 KB]

   ...Police responded promptly by letter dated 29 August 2014 to the effect Mr Yiasoumi would need to confirm his identity and right of access to the requested information by producing an identity document showing his date of birth. This precaution is permitted by s 45 of the Act. Mr Yiasoumi complied with this request. [8] Subsequently, by letter dated 1 October 2014 the request for the photographs was declined by the Police on the grounds the information did not exist or could not be foun...

10. Shrewsbury v Rothesay LCRO 99 / 2009 (13 November 2009) [pdf, 80 KB]

    ...liable for the costs of responding to the complaint and Mr Rothesay should desist from any work in this regard on its behalf Mr Rothesay would still be obliged to respond to the complaint. [42] My attention was drawn to clause 6 of the will which permits Mr Rothesay to charge for work done “in relation to my estate or affairs”. I do not consider that this clause permits Mr Rothesay to charge the estate for the costs of responding to this complaint. Responding to a complaint i...