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1. [2010] NZEmpC 20 Hamon v Coromandel Independent Living Trust [pdf, 37 KB]

   ...previously. This will ensure that the defendant does not incur further costs which may be wasted costs without a tangible sign of good faith on the plaintiff’s part. [25] A proper sense of proportionality must now apply to this case. Substantial resources have already been expended by the parties, by the mediation service, by the Employment Relations Authority and, even initially, by this Court in what can only be described as an apparent war between the parties in which the us...

2. [2022] NZACC 69 – Coakley v ACC (28 April 2022) [pdf, 190 KB]

   ...treatment. (2) Treatment injury does not include the following kinds of personal injury: (a) personal injury that is wholly or substantially caused by a person’s underlying health condition: (b) personal injury that is solely attributable to a resource allocation decision: (c) personal injury that is a result of a person unreasonably withholding or delaying their consent to undergo treatment. (3) The fact that treatment did not achieve a desired result does not, of itself, c...

3. [2022] NZEmpC 112 Shaw v Bay of Plenty District Health Board [pdf, 220 KB]

   ...to the DHB potentially risks diminishing the financial impact of this litigation on it. Mr Mitchell recognised that possibility and acknowledged there would be a detriment to the DHB if his submissions were accepted, but drew attention to its resourcing and greater ability to absorb costs compared to Ms Shaw. I do not agree that looking at the matter in this way is appropriate. The DHB is a publicly funded health-service provider. There is no reason why that public funding shoul...

4. HB v JD LCRO 311/2013 (17 December 2014) [pdf, 186 KB]

   ...Tribunal. 20 Above n 17 at [54](h). 10 [51] However, the subject matter of this case is very specific, and one could say, unique. In the Orlov judgement, the Court noted that “[t]he oversight of the LCRO should also assist in protecting the resources of the Tribunal and prevent it from being overwhelmed by petty or trivial cases”.21 Whilst I do not regard this matter as “petty” or “trivial”, I do not regard it such as to require the attention of the Tribunal. It...

5. Homes v ACC [2014] NZACA 14 [pdf, 50 KB]

   ...where, “for any ... reason”, there is a question which ought to be submitted to the High Court, including by reason of its general or public importance. [23] In exercising its discretion, the Authority is mindful of the proper use of the scarce resources of the High Court. Leave is not given as a matter of course; O’Neill at [25]. [24] Such an applicant seeks an indulgence, so the onus rests on him or her to satisfy the Authority that, in all the circumstances, the interests o...

6. Whooley - Ngaiotonga 1B1 and 2B1 and Lots 1-2, and 3 DP383105 (2015) 99 Taitokerau MB 138 (99 TTK 138) [pdf, 157 KB]

   ...CFR 331891 and added to CIR 347192. There will be consequential change of status orders as part of the exchange. Further, pursuant to s 73 of the Act the orders will be conditional upon: (a) Mr Whooley: (i) Obtaining at his cost any necessary resource consents for the exchange of land and ancillary works; (ii) Meeting the cost of clearing and fencing the boundary of Lot 3 (including two gateways); (iii) Meeting the cost of clearing and fencing the boundary between the Gener...

7. BORA Employment Relations Amendment Bill [pdf, 269 KB]

   ...44C are to: a. address the power asymmetries in the employment relationship by promoting and strengthening collective bargaining where more than one employer is an intended party to the bargaining, and b. reduce the need for a union to spread its resources to cover multiple employers, thereby enhancing the effectiveness of a union to adequately represent the interests of its members (and strengthening the position of an employee). 28. We consider these are sufficiently important objec...

8. [2024] NZEmpC 25 Roberts v The Chief Executive of the Department of Corrections [pdf, 280 KB]

   ...a matter that deprives a court of jurisdiction”, so the Court can exercise a discretion to hear such proceedings.7 However, they ought to be struck out as an abuse of process where “the decision will have no utility”, otherwise “Court resources are wasted”.8 [15] Finally, s 317 of the AC Act states: 317 Proceedings for personal injury (1) No person may bring proceedings independently of this Act, whether under any rule of law or any enactment, in any court in New Zealan...

9. Dewes - Marangairoa B44 (2003) 65 Ruatōria MB 43 (65 RUA 43) [pdf, 552 KB]

   ...have to intrude a little into one side of the block from the eastern side of the Nohomanga Bridge, The Gisborne District Council has indicated that it is possible to erect the dwelling Walter wants to build on the site, however, it would require resource consent approval from the Council due to the site being within an "Outstanding Landscape Area Overlay", Before building, the site may also need to be inspected for land- Minute Book: 65 RUA 44 stability information in the f...

10. LCRO 100/2020 FT v D and O CM (9 June 2020) [pdf, 177 KB]

    ...particularly considering the nature of Mr FT’s work, and the nature of modern technology. [65] I accept Mr FT’s explanation that he was unable to attend at his office for a brief period of time, but it is my view that a practising lawyer with the resources available to them, would have had ample time to attend to filing an application, and an appreciation of the need to do so within the time frames explained in the Committee decision. [66] Nor do I accept Mr FT’s argument, (fo...