Search Results

1. [2023] NZEmpC 16 Bird v Vice-Chancellor of the University of Waikato [pdf, 189 KB]

   ...the Authority when dealing with employment relationship problems.3 In Dollar King v Jun, Chief Judge Inglis noted that Parliament had intended the Authority to be an accessible forum for parties (of varying financial means, capabilities and resources) to bring their employment issues to it for speedy, non-technical, pragmatic resolution. She noted the Authority Member’s inquisitorial role, effectively driving the investigative process.4 [7] As an investigatory tribunal, the Au...

2. LD v Accident Compensation Corporation (Costs on appeal) [2023] NZACC 45 [pdf, 159 KB]

   ...claimant. In addition the Court is not only ill suited to determining what might be reasonable costs in a particular instance having regard to the economics of private legal practice, but any such attempt would impose a significant burden on judicial resources should every decision on costs require the careful consideration of this Court. [20] In McPhail,3 Henare DCJ stated: [56] Rating this case according to its complexity within categories 1 to 3, I conclude this is not an app...

3. Team Leader AODTC PD 2023 [doc, 131 KB]

   ...role, and supports good judgment. · Act as an information source for team members, assigning tasks, following up and giving instructions as needed. · Establish and maintain effective relationships with internal and external stakeholders. · Monitor resources to ensure they are available to manage work volumes. · Participates in the recruitment, training and induction of new staff. · Maintain an AODTC file load of around three to six AODTC participants. · Undertake any requisite attendan...

4. [2023] NZEmpC 114 Jeon v A Labour Inspector of the Ministry of Business, Innovation and Employment [pdf, 196 KB]

   ...Broadspectrum (NZ) Ltd v Nathan [2017] NZCA 434, [2017] ERNZ 733, applying Keung v GBR Investment Ltd [2010] NZCA 396, [2012] NZAR 17 at [11], and Dymocks Franchise Systems (NSW) Pty Ltd v Bilgola Enterprises Ltd (1999) 13 PRNZ 48 (HC) at [9]. 4 Bathurst Resources Ltd v L & M Coal Holdings Ltd [2020] NZCA 186, (2020) 25 PRNZ 341 at [19]. Analysis [9] I turn to consider the factors engaged in this case. Challenge rendered ineffectual if no stay granted? [10] As I have s...

5. [2023] NZEnvC 169 Waikato Regional Council v Rawhiti Environmental Park Limited [pdf, 207 KB]

   Waikato Regional Council v Rawhiti Environmental Park Limited IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 169 IN THE MATTER OF an application pursuant to s 320 of the Resource Management Act 1991 BETWEEN WAIKATO REGIONAL COUNCIL (ENV-2023-AKL-000139) Applicant AND RAWHITI ENVIRONMENTAL PARK LIMITED Respondent Court: Environment Judge MJL Dickey Hearing: Judicial Telephone Conferences held 8 and 9...

6. [2024] NZEmpC 83 Caisteal An Ime Ltd v A Labour Inspector Costs. [pdf, 224 KB]

   ...completeness, Mr Angus’ reliance on the Environment Court’s costs judgment in Royal Forest and Bird Protection Society of New Zealand Inc v Northland Regional Council does not assist.17 The Court explained in that case that under s 285 of the Resource Management Act 1991 it has a discretion about awarding costs.18 The Court went on to say that it does not as a matter of general practice allow costs to a successful party unless there are special circumstances making it fairer to...

7. MOJ0501_Childrens-Guide-A5_DEC22_WEB.pdf [pdf, 748 KB]

   ...help you if you don’t feel safe or aren’t being cared for properly. Skylight 0800 299 100 Monday to Friday 9am–5pm Email info@skylight.org.nz skylight.org.nz Helps and supports kids dealing with trauma, loss and grief. Lots of great resources for kids on their website. 15 Manaakitia a Tātou Tamariki – Children’s Commissioner 0800 A CHILD (0800 224 453) Monday to Wednesday 9am– 5pm, Thursday 9am–4pm Email advice@occ.org.nz occ.org.nz Advice about your rig...

8. Estate of Barry v Accident Compensation Corporation (Treatment Injury) [2023] NZACC 124 [pdf, 235 KB]

   ...injury: (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 resources allocation decision: … (3) The fact that the treatment did not achieve a desired result does not, of itself, constitute treatment injury. [25] While her father was in hospital, Ms Barry was the epitome of a caring daughter....

9. Stewart v Accident Compensation Corporation (Costs on discontinuance of appeal) [2023] NZACC 108 [pdf, 153 KB]

   ...have a two-fold purpose: (a) to compensate parties not in default who have truly wasted costs (including disbursements); and (b) to impose a sanction on a defaulting party in an effort to avoid future wastage of costs and of judicial and Court resources and disadvantage to other parties yet to be allocated trials. [10] In Commissioner of Inland Revenue v Livingspace Properties Limited,5 Justice Osborne stated: [14] While Mr Ho emphasises that any wasting of costs was not inten...

10. B Ltd v Council [2024] NZDT 709 (2 July 2024) [pdf, 151 KB]

    ...landowner. The determining factor in establishing the existence of the duty is the control over the land where the hazard arises; and • the duty on a statutory authority is to take the steps that a reasonable authority with similar hazards, powers and resources would have taken in the circumstances.” 9. As the owners of the adjoining land, I am satisfied that the Council had a duty of care to its neighbours including B Ltd to identify hazards on its land and to take reasonable steps...