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1. 2020 archive

   ...before 1 July will have been approved once a judge has directed that the case will proceed to a defended hearing. In these cases, the pre-hearing administration fees and the defended hearing stage fees may be claimed. In those cases where lawyers were permitted to act before the defended hearing stage, the pre-hearing administration and applicable pre-hearing fees may be claimed. We will issue a revised grants schedule showing the revised fees when the next invoice is processed. Other Care of C...

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2. Vivash v Accident Compensation Corporation [2020] NZHRRT 16 [pdf, 282 KB]

   ...following remedies: (a) a declaration that the action of the defendant is an interference with the privacy of an individual: (b) an order restraining the defendant from continuing or repeating the interference, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the interference, or conduct of any similar kind specified in the order: (c) damages in accordance with section 88: (d) an order that the defendant perform any...

3. Strengthening the family justice system - PDF version [pdf, 2 MB]

   ...anyone else, unless one of the following applies: • one of the reasons the Ministry got the information was to give it to someone else • you have allowed it • it is authorised or required by law or, in exceptional circumstances, for reasons permitted under the Privacy Act 1993, such as to prevent or lessen a serious and imminent threat to somebody’s life or health • the information is to be used in a way that will not identify you, or it is to be used for statistical o...

4. Argyle v Macdee McLennan Construction Ltd & Ors [2012] NZWHT Auckland 30 [pdf, 361 KB]

   ...of uncontrolled movement in the cladding due to omission of control joints and the incorrect installation of the horizontal inter-storey joint, incorrect detailing of external corners with the omission of PVC mouldings and applied coating that permitted the entry of water. The cracking combined with the sunny location continued to allow more moisture ingress and exacerbated the problem. The mid tone colour of the exterior cladding caused more thermal movement than a pale colour sc...

5. [2024] NZEnvC 037 Hensman v Queenstown Lakes District Council [pdf, 461 KB]

   ...under r 29.15.6 during the consent processing. Ms Tock contended that the gradient requirements were complied with. That position appeared to have been accepted by the Council officers involved in the consenting process. [146] Accordingly, as a permitted activity, we find that the accessway was not ‘authorised’ through the consenting process. Our consideration [147] Because the accessway is beyond the scope of the Consent, cls 3.3.16 and 3.3.4 have no application to the cert...

6. Waitangi Tribunal - Ngāpuhi Mandate Inquiry report - prepublication version [pdf, 905 KB]

   ...situation, including (but not confined to) : ▶ its erroneous application of the ‘large natural groups’ policy to the whole of Ngāpuhi when a more flexible approach is required, especially when other smaller and less diverse iwi have been permitted to organise themselves on re- gional lines and provide mandates for their negotiation of Treaty claims ; ▶ a series of funding decisions which unfairly assisted the Tūhoronuku IMA to gain its mandate, predetermining that result ;...

7. [2010] NZEmpC 4 Lewis v Howick College Board of Trustees [pdf, 156 KB]

   ...Reyneke’s complaint against Mr Lewis under its generic complaints policy. This meant that the complaint should have been investigated and dealt with by the Principal but that did not occur. Had a complaint been about the Principal, this would have permitted, indeed probably required, such a leap-frogging directly to the separate board’s complaints procedure. That was not the position here. The Principal could not justifiably have abrogated all responsibility under the complai...

8. EMPC Retirement of Judge Travis [pdf, 287 KB]

   ...Court, are a tribute to the regard in which this Court is held by the users of its facilities. I wish my colleagues on the Bench, and all those who appear before this Court, the very best for the future and I express the hope that the Court is permitted to discharge its duties in the way it was originally intended, that is to say to promote industrial harmony with equity and good conscience. Thank you all again. The Chief Judge has kindly delegated to me my last judicial duty...

9. BORA Armed Forces Law Reform Bill [pdf, 557 KB]

   ...indirectly useful to the enemy or any foreign country, or be otherwise harmful to New Zealand; or • the interests of justice or of public morality, or of the reputation of a victim of an alleged sexual offence or offence of extortion so require, The permitted orders can: (1) forbid publication of any report or account of the evidence adduced or submissions made; (2) forbid publication of the name or details allowing for the identification of any person connected to the proceedings; an...

10. [2015] NZEmpC 29 Hall v Dionex Pty Ltd [pdf, 330 KB]

    ...thorough and fair investigation to a standard commensurate with the gravity of the accusation Mr Hall faced and having regard to the potential effects on him. Second, the transfer of the defendant’s obligations as employer on to Ms Cameron and permitting her to suspend and dismiss him. The remedies claimed relate to alleged damage to the plaintiff’s reputation and special damages, being legal expenses relating to the disciplinary investigation and meeting. [106] Mr E...