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1. Ashworth v Kent (Strike-Out Application) [2018] NZHRRT 55 [pdf, 475 KB]

   ...limitation defence could be raised in proceedings before the Tribunal but whether the Tribunal had sufficient features in common with an inferior court to allow it to be treated as such a court for the purposes of the Judicature Act 1908, s 88B which permitted the restriction of vexatious actions. The Full Court was careful to emphasise its decision should not be construed as a determination that the Tribunal was an inferior court and the decision was expressly confined to the specific c...

2. Haydyn du Fresne v CAC 406, Watkins & Fitzsimons [2019] NZREADT 6 (11 Feb 2019) [pdf, 274 KB]

   ...per cent deposit was in fact all that was going to be required, that is not a matter which involves Licensee 1 who was in no position to influence the question of whether a lesser sized deposit would be acceptable. Assertion that Licensee 1 permitted vendors to inspect the property in his absence [99] The appellant alleges that the purchasers made a pre-settlement inspection of the subject property without Licensee 1 being present. On 4 July 2017, Licensee 1 sent a text to...

3. LCRO 138/2021 & 139/2021 TZ v FK and FK v TZ (26 July 2022) [pdf, 272 KB]

   ...and would not be out of place in any proceedings in which a witness is being challenged. They were not 18 Interestingly, in an interlocutory ruling in connection with the judicial review proceedings, the High Court noted that "[the LVT] permitted cross-examination of Mr FK, and the expert witnesses called by [the COMPANY A] in reasonably forthright terms. The [LVT] itself, or more particularly the presiding judge also joined in the questioning…". See COMPANY C Ltd &...

4. Have your say on the family justice system [pdf, 1.1 MB]

   ...reasons the Ministry got the information was to give it to someone else https://consultations.justice.govt.nz/privacy_policy/ 3 • 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 avoid prejudice to the prevention, detection, investigation, prosecution and punishment of offences; for law enforcement; or to prevent or lessen a serious and imminent threat to somebody’s li...

5. [2018] NZSSAA 018 (20 April 2018) [pdf, 502 KB]

   ...received the benefit payment in good faith; and [17.2] changed their position in the belief they were entitled to the payment; and [17.3] it would be inequitable in all the circumstances, including the debtor’s financial circumstances, to permit recovery. [18] Section 86(9B) makes it clear that the error must be an error on the part of “an officer of the department”; and not simply the act of making a payment to which the recipient is not entitled. [19] Counsel submitted...

6. LCRO 191/2019 UY v FB (26 November 2020) [pdf, 266 KB]

   ...been made; and (m) his third complaint concerned an allegation of perjury; and (n) the importance of his complaint cannot be understated; and (o) his view of relevant sections of the Family Courts Act 1980, was that s 11B(4)(a)(i) of that Act permitted circulation of Family Court documents, thus enabling him to release material to the Legal Complaints Review Officer (LCRO) that had been before the Family Court. [22] By way of outcome, Mr UY made request for the LCRO to: (a) ex...

7. Rudd v Hemana - Horowhenua 11 Lake (2022) 451 Aotea MB 214 (451 AOT 214) [pdf, 343 KB]

   ...Seconded: Deana Paki Passed: Majority – 6 objecting Matters of contest [36] Mr Rudd raises the following specific complaints about the election and SGM processes: (a) The election hui and the SGM was not quorate; (b) Mr Hockly was not permitted to be appointed as the Independent Returning Officer; (c) The voting form was flawed because it allowed for a tick or a cross which would have confused voters; and (d) Overall that the Trust did not seek appropriate directions of...

8. LCRO 178/2021 AA v EL (26 November 2021) [pdf, 256 KB]

   ...to a settlement conference. He had little confidence that a settlement conference would achieve anything. He was determined in his position. He was resistant to any suggestion other than that the matter proceed to trial. [90] But Mr EL was permitted, and indeed required, to vigorously oppose a position which he did not consider to be in his client’s interests. [91] But Mr EL’s criticism of Mr AA was not, nor was it intended to be, a criticism of Mr AA personally. It was cr...

9. [2010] NZEmpC 32 Maritime Union of NZ v Ports of Auckland [pdf, 100 KB]

   ...good faith to achieve directly with individual employees covered by the collective agreement what it had omitted or failed to achieve in bargaining with the union for that collective agreement. Further, the union contends that POAL should not be permitted in good faith to take a significant step towards contracting out by placing employees on fixed term agreements without consultation about these. [83] Some of the plaintiff’s witnesses claim that if fixed term agreements had be...

10. [2015] NZEmpC 127 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 333 KB]

    ...nature, describe the class sufficiently to enable the class to be identified. [94] The requirement to make a concise and ordered list or index of the documents is provided substantively in reg 42(3)(a) of the Regulations. [95] Regulation 44 permits a party served with a Form 6 notice to object to the disclosure of any documents or class of documents by giving to the party requesting the disclosure, a notice of objection in Form 7. That must specify the document or documents to w...