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1. [2015] NZEmpC 177 Southall v Tuau [pdf, 118 KB]

   ...employment relationship and because employees may in certain cases be motivated in part by the desire for vindication. As this Court has previously said a “steely” approach is required. It has been repeatedly emphasised that the scarce resources of the Courts should not be burdened by litigants who choose to reject reasonable settlement offers, proceed with litigation and then fail to achieve any more than was previously offered. Where defendants have acted reasonably in su...

2. 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...

3. The Trustees of Lake Horowhenua Trust - Horowhenua Block 11 (2012) 285 Aotea MB 135 (285 AOT 135) [pdf, 162 KB]

   ...context of elections, the Court of Appeal has made it perfectly plain that meeting procedures must be designed as to ensure the widest possible beneficiary participation. While in former times Māori communities lived in and around their lands and resources, the last century has seen a dramatic change in the Māori demographic. One need only look at the levels of participation in most trusts and incorporations with large numbers of shareholders to see that it is often 10% or less wh...

4. [2014] NZEmpC 108 Hamon v Coromandel Independent Living Trust [pdf, 81 KB]

   ...defendant and its Chief Executive Officer. [11] In the judgment dealing with the issues of stay and security for costs in this matter, Chief Judge Colgan stated: 12 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 use of...

5. [2015] NZSSAA 025, 20 April [pdf, 46 KB]

   ...being granted; (d) Special Benefit should only be considered in respect of costs that are essential and not reasonably avoidable; and 6 (e) having regard to the ability of the applicant to meet the deficiency from the applicant’s own resources. [31] In addition, the decision-maker is required to have regard to the matters contained in Clause 3.3(a) to (h) of the Direction. These include whether or not the applicant has any special or unusual financial expenditure, wh...

6. Auckland Standards Committee v Hylan [2014] NZLCDT 31 [pdf, 95 KB]

   ...Mr Morris conceded that the practitioner’s field of practice was in an area of law requiring strong advocacy for vulnerable clients and that there were a limited number of lawyers working in this area. He accepted that diminishing those legal resources for the public was clearly a factor for the Tribunal to consider. He also accepted the glowing references provided by the practitioner, particularly from one senior counsel. [14] In distinguishing the decision of Sorensen4 which h...

7. [2014] NZEmpC 16 Gapuzan v Pratt Whitney Air New Zealand Services second interlocutory [pdf, 49 KB]

   ...action was required. [12] On 9 January 2012, ACC declined the plaintiff’s claim and the plaintiff became aware that the defendant had not returned the employer questionnaire to ACC. He contacted the mediator who contacted the defendant’s Human Resources Manager on 10 January 2012. She arranged for the questionnaire to be sent to ACC that day. ACC then reviewed the plaintiff’s claim in light of the answers given in the questionnaire and confirmed its decision to decline the claim....

8. Facilitation payments guide and NZ's anti-bribery laws [pdf, 128 KB]

   ...(SFO) will consider whether payments to foreign officials fall within the facilitation payments exception or simply disguise illegal conduct. 4 See clause 37 of the Organised Crime Bill. 5A Resource Guide to the U.S Foreign Corrupt Practices Act, 2012, p. 25 http://www.justice.gov/sites/default/files/criminal-fraud/legacy/2015/01/16/guide.pdf� Risk assessment As part of a wider anti-bribery risk assessment, businesses s...

9. Lee v Wellington City Council [2012] NZWHT Auckland 31 [pdf, 87 KB]

   ...of the development on its own is enough to establish liability. In that case the director, Mr Cooper, prepared budgets and established a framework for the project, arranged bank facilities, provided a personal guarantee, participated in the resource consent process, invited tenders, appointed contractors, engaged a coordinator and was responsible for financial and marketing aspects of the project. This was not however sufficient to establish he personally owed a duty of care....

10. BORA Judicature Modernisation Bill [pdf, 321 KB]

    ...“fundamental constitutional importance”, but that right is not absolute. To be set against it has to be “the desirability of freeing defendants from the very considerable burden of groundless litigation”. Also, there is a need to protect the resources of the judicial system, which are “barely sufficient to afford justice without unreasonable delay to those who do have genuine grievances” [16]. 39.The Courts have in the past accepted that provisions such as s 88B may sta...