Search Results

1. Protection-of-Personal-and-Property-Rights_FINAL.pdf [pdf, 713 KB]

   ...family member; thus, removing a potential stressor on the relationship. Human Rights 43 No inconsistencies with the New Zealand Bill of Rights Act 1990 or the Human Rights Act 1993 were identified in the preparation of this paper. Use of external Resources 44 No external resources were engaged in the preparation of the advice in this paper. Consultation 45 In the development of this paper, officials consulted the Ministry of Social Development, Office for Seniors, Whaikaha Minist...

2. LCRO 156/2023 PF v NY, WJ and MQ (11 October 2024) [pdf, 247 KB]

   ...conflict of duty and questionable legal advice. [44] To round things off, the applicant dipped into gratuitous and ill-considered misogyny, stating: One can see how incredibly tempting it must be for female lawyers who have their firms’ extensive resources to wield that power over lay-people, particularly where that power might be otherwise lacking in their everyday lives. [45] The respondents responded to the application for review. In summary, they relied on their original re...

3. [2007] NZEmpC CC 23/07 Coy v Commissioner of Police [pdf, 46 KB]

   ...not be permitted to now have them struck out. I find against that argument for the following reasons. [17] The Commissioner’s first response to Ms Coy’s personal grievances was a letter to her from Inspector Gary Lennan, Canterbury Human Resources Manager, dated 1 April 2003. This responded to Ms Coy’s memorandum of 20 March to Inspector Gaskin. This letter stated that the Commissioner had no record of formal notification of a personal grievance of 10 December 2002 althoug...

4. [2011] NZEmpC 111 Gaut v BP Oil NZ Ltd costs [pdf, 108 KB]

   ...reference to the following passage from the Bluestar judgment, which she submitted emphasised the significance of Calderbank offers: 8 8 At [20]. 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 reasona...

5. [2012] NZEmpC 35 NZ School of Education Ltd v Nafissi [pdf, 115 KB]

   ...of the 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 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...

6. [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...

7. 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...

8. 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...

9. [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...

10. [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...