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1. IPT-Annual-Report 2022 -2023 [pdf, 416 KB]

   ...the country’s borders slowly re-opened. A new Deputy Chair was appointed on 17 October 2022. This position was filled by an existing member, whose administrative functions were then increased. The need for the Tribunal to replace the lost FTE resource remained a key concern throughout the year. Permission was given to interview in March 2023 and three suitable candidates were identified. However, they were not approved for appointment until after the end of the court year, mean...

2. [2022] NZACC 74 – Williams v ACC (4 May 2022) [pdf, 211 KB]

   ...construed or interpreted and applied to the facts is a question of law … . [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law … . 2 O'Neill v Accident Compensation Corporation [2008] NZACC 250. 5 The ap...

3. [2006] NZEmpC AC 74/06 Sandifer v Plumbers Gasfitters & Drainlayers Board NZ [pdf, 34 KB]

   ...[9] The defendant had no choice but to defend the proceedings, and made reasonable and genuine attempts to settle the matter. [10] The defendant is a regulatory board funded solely by its trade licensing activities and has a lower level of resources than other employers. The defendant exists to regulate the plumbing, gasfitting and drainlaying trades for the ultimate benefit of all who live in New Zealand and is not in the business of making a profit. These Court proceedings...

4. White v Rodney District Council [pdf, 84 KB]

   ...specifying the required remedial work. In May-June 2002, the claimants took action by obtaining building quotations to carry out the remedial work on the decks. Each quotation was in the vicinity of $19,000. At that time, the claimants had the financial resources to carry out the remedial work but they failed to do any such work. The Kerkins denied liability when contacted by the claimants’ lawyer. The claimants therefore filed proceedings with the WHRS on 7 November 2003. Claim...

5. White v Eriwata - Waitara SD sections 6 and 91 Land Trust (2006) 165 Aotea MB 37 (165 AOT 37) [pdf, 330 KB]

   ...maintenance of ongoing amicable relations between the parties, and accordingly none is made. The present case is however, of a different character. On the one hand individual shareholders, and on the other the incorporation with its considerable financial resources. The parties were represented throughout, and there was an interlocutory process that was highly contested The appellant's counsel went so far as to describe PKW as 'relentless opponents'in the proceedings ... &...

6. Waikato Bay of Plenty Standards Committee v Pou [2014] NZLCDT 86 [pdf, 108 KB]

   ...before the Waitangi Tribunal which are simply not able to be passed on at short notice to other counsel. [20] We accept that Mr Pou, who has recently set up a new firm with a colleague, is in a situation analogous with that of Mr Taff’s where the resource of legal expertise in this particular area is sparse. Thus it is in the public interest that his suspension from practice, which we considered inevitable, be kept to the minimum in order that he may properly continue his obligat...

7. [2019] NZSSAA 12 (8 March 2019) [pdf, 130 KB]

   ...Katona said that this decision was inconsistent with the requirements for approving a Special Needs Grant for food in Clause 11.2.1 of the Special Needs Grant programme which required the applicant to have an immediate need to purchase food, and no resources to meet that need which was caused by an essential expense which left insufficient money to buy food. 5 [24] Ms Katona said that the Ministry did not accept that the handwritten note produced by the appellant verified...

8. UC & FC v GM [2021] NZDT 1645 (15 November 2021) [pdf, 221 KB]

   ...dismissed. Reasons 1. UC and FL own [Address 1]. GM owns [Address 2]. 2. On or about 12 February 2019 the parties entered into an agreement (the agreement) whereby in exchange for UC and FL giving their written approval as affected persons to a Resource Consent application (for a recession plane), GM agreed to a boundary realignment giving them approximately 32m2 of his land. 3. Clause 3.2 of the agreement stated that if UC and FL did not receive notice that search copies o...

9. [2014] NZEmpC 10 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 62 KB]

   ...disclosure once these matters have been attended to. LSG should insofar as possible, deal with all of these categories where they are to provide further documents by setting them out in an affidavit, perhaps sworn by Mrs Park, who is the Human Resource Manager, but it does not really matter who. I do ask Mr Drake and his client to give serious consideration to that second set of proceedings. It would seem to me that some of the matters which seem to be important could be...

10. Waikato Bay of Plenty Standards Committee 1 v Campion [2017] NZLCDT 31 [pdf, 143 KB]

    ...August 2016 the lawyer made a complaint to the Law Society and on the same day Mr Campion repaid a further $3,890. 3 [6] The balance of $2,171.57 is still outstanding. Mr Campion says that the two payments entirely depleted his capital resources and described to the Tribunal (although not having made it apparent to either his colleague or the Law Society, or the client) that in early 2015 he had had major surgery and had required many weeks, both in hospital and convales...