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1. [2022] NZREADT 22 — QQ v REAA (CAC 1902) & NQ (25 October 2022) [pdf, 171 KB]

   ...[50] The third aspect raised is that the process undertaken by the appellant is one of three employed by him to make claims before bodies which generally will not visit costs consequences on unsuccessful claimants. He has utilised the Tribunal’s resources cynically rather than genuinely. He expects that his claims, although false and unreasonable, will not cost him anything while causing significant distress and cost to the licensee. [51] In November 2018, the appellant brough...

2. Deputy Registrar - Whenuanui 2B (2020) 222 Taitokerau MB 236 (222 TTK 236) [pdf, 315 KB]

   ...this case whether to grant a stay. What are the grounds relied upon by the Kidds? [32] The Kidds seek a stay on the following grounds: (a) The degree of crossover between the issues in the proceedings mean it would not be an efficient use of resources to consider the issues concurrently; (b) The matter has already been before the Court for about seven years so delay will not be prejudicial to the Māori owners; (c) The Kidds are bona fide in their intention to prosecute the de...

3. LCRO 191/2020 QC on behalf of ABC Limited v VH (8 April 2022) [pdf, 185 KB]

   ...that he found no evidence of duplication. [56] This was complex litigation which, in the course of its progression, required the lawyers to attend to a number of tasks. I agree with Mr JP that it presented as both sensible and an effective use of resources, for lawyers of lesser experience than Mr VH to be tasked with attending to the more routine matters. That is common practice in litigation such as this. [57] Ms QC identified some specific instances where she considered that th...

4. Waikato-and-Waipa-River-Iwi.pdf [pdf, 262 KB]

   I MUA I TE KOOTI TAIAO O AOTEAROA ENV-2020-AKL TĀMAKI MAKAU RAU BEFORE THE ENVIRONMENT COURT AUCKLAND REGISTRY UNDER the Resource Management Act 1991 (the RMA) AND IN THE MATTER of an appeal under clause 14(1), Schedule 1 of the RMA in respect of Plan Change 1 to the Waikato Regional Plan AND IN THE MATTER of section 274 of the RMA BETWEEN THE APPELLANTS LISTED AT PARAGRAPH 1 OF THIS NOTICE Appellants AND WAIKATO REGIONAL COUN...

5. [2015] NZEmpC 41 Denyer v Peter Reynolds Mechanical Ltd t/a The Italian Job Service Centre [pdf, 185 KB]

   ...may reflect nothing more than a perverse determination to erect as many barriers as possible in the hope that the employee will eventually give up. Alternatively, it may reflect simple apathy and/or prioritisation of the defendant’s financial resources. 17 Imposition of a low level fine in such a case, on the basis that the amount at issue is similarly low, may not adequately address other important considerations, such as deterrence and denunciation. [20] Mr Hutcheson submi...

6. [2020] NZEmpC 199 Canterbury Westland Kindergarten Assoc Inc v Barnes [pdf, 297 KB]

   ...While a high costs award may be appropriate in some cases, routine awards of this sort of magnitude would likely undermine the statutory objective of accessibility. And, while parties are entitled to make their own decisions about the extent of resource they wish to apply to presenting or defending a matter in the Authority, that does not mean that their decisions are automatically visited on the other party. [30] Having regard to the particular features of this case I am satisfied t...

7. LCRO 3/2016 RC and RD v ZC (30 June 2017) [pdf, 123 KB]

   ...amount of $1,191.11 charged to them without an invoice”. This issue had been raised by Mr RC and Ms RD in an email to the New Zealand Law Society Lawyers Complaints Service on 6 August 2015. [47] It is an unwarranted use of this Office’s resources to be required to explain the matter which could/should have been readily explained by any number of persons before now. [48] The figure of $1,191.11 is made up of the following amounts: Purchaser’s share rates (refer vendor�€...

8. Family Court rewrite submission: Save the Children [pdf, 165 KB]

   ...emotional and mental stress, and significant financial hardship for Frances despite her meeting all requirements of the court. Her partner’s actions are without consequence, the court has continually allowed his behaviour despite the harm it is causing and misuse of court resources. Due to the level of conflict between Frances and her ex-partner they are required by the court to conduct all handovers of their child at daycare (to avoid the possibility of conflict). However, the interi...

9. 2017 NZSSAA 064 (9 November 2017) [pdf, 244 KB]

   ...it is clear this case does not raise complex issues relating to entitlement. Usually people submit a form, which they complete having little knowledge of the potentially complex subject matter, and the Chief 10 Executive has limited resources to investigate and scrutinise the information provided. We are satisfied that the application form completed by and on behalf of the Appellant and his wife is satisfactory [37] In our view, because we are satisfied that the informa...

10. Waitangi Tribunal Hearing Calendar (9 May 2019) [pdf, 465 KB]

    ...Burke, C; Miller, S & Woodley, S 2 Wai 814/Wai 1489 Mangatū Remedies - Panel Members: Judge Milroy; Roa, T; Castle, T; & Parsonson, A Staff: Morgan, J; Siameja, N; Boxall, B & Small, F 3 Wai 2358 - The National Fresh Water and Geothermal Resources – Panel: Chief Judge Isaac; Crosby, R; Anderson, R; Phillipson, G; & Temara, P / Staff: Cameron, J; Vaafusuaga, T; Moko-Mead, H; & Burke, C 4 Wai 2522 - The Trans-Pacific Partnership Agreement – Panel Members: Judge Doogan;...