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1. Rafiq v Commissioner of Inland Revenue (Costs) [2013] NZHRRT 30 [pdf, 39 KB]

   ...proceedings without costs being sought against him. Mr Rafiq did not accept this offer. [4.2] At the time Mr Rafiq rejected the 6 March 2012 settlement offer he knew, or should have known that his proceedings were unlikely to succeed having declined to file any evidence on his own behalf. He had also been served with the Commissioner’s statement of reply and evidence. [5] In support of his application for increased costs the Commissioner submits: [5.1] This was not a finely balanc...

2. [2013] NZEmpC 193 Rainbow Falls Organic Farm Ltd v Rockell [pdf, 61 KB]

   ...so orders. 3 The defendant opposes the plaintiff’s application, and seeks an order that the amounts owing to it under the Authority’s determinations be paid into Court on an interest bearing account. [6] The plaintiff’s challenge was filed on 9 July 2013. It appears that no steps were taken to enforce payment of the Authority’s determination until 9 September 2013. Mr McKenzie, the director of the plaintiff company, says in his affidavit filed in support of the applic...

3. Saltcoates v Balfour LCRO 153 / 2009 (3 December 2009) [pdf, 45 KB]

   ...provisions. He was invited to respond to the issue of jurisdiction in those circumstances, but made no submissions in relation to challenging the reasons for the determination of the Committee. [4] The Standards Committee forwarded a copy of the file relating to the original complaint. The complaint had been made in April 2008, and following enquiry a decision had been made in November 2008. At the time the complaint was filed the law governing complaints against lawyers was...

4. Gill v ACC [2013] NZACA 17 [pdf, 22 KB]

   ...and her mother’s affidavit and a decision will issue on the substantive appeal as it has been heard to date. [14] If the necessary steps have been taken, then Ms Hollingsworth will be expected to advise the Authority when the evidence will be filed and served and to have worked out a timetable with Mr McBride for the obtaining and filing of any second opinion comment for ACC and for supplementary submissions by both parties. [15] Given the inconvenience caused to date through the de...

5. Bright v MacKereth (Referral back to Human Rights Commission) [2016] NZHRRT 24 [pdf, 41 KB]

   ...Commission) [2016] NZHRRT 24] 2 Introduction [1] On 24 January 2013 the Human Rights Commission convened a mediation involving the parties to these proceedings but unfortunately the complaint was not resolved. [2] By subsequent statement of claim filed on 20 July 2015 Ms Bright has complained of indirect discrimination and victimisation, relying on the non-discrimination provisions of the Human Rights Act 1993, particularly ss 22, 65 and 66. [3] In a statement of reply filed o...

6. Minute of the Environment Court (dated 23 March 2017) [pdf, 153 KB]

   ...means supplying a list of what wind records it has, at the same time the Society will need to specify whether it is seeking copies of these records (which can include electronically) or to inspect them (or something else). If an application is filed the court will issue directions for a response from the applicant and any application for confidentiality can be dealt with at that time. 3(b)-(c) - the appellant has been directed to file an application for confidentiality orders. Aga...

7. 2021 NZPSPLA 008 [pdf, 82 KB]

   ...March 2021, but Mr Mohmed did not attend. Mr Mohamed tried to join the hearing shortly after it had concluded and subsequently asked for the hearing to be rescheduled. I advised Mr Mohamed that I would consider rescheduling the hearing provided he filed an outline of his response to the Police complaint together with a supporting letter from his doctor or mental health specialist by 8 March 2021. I note Mr Mohamed had previously been directed to provide this information in advance of the...

8. 2020 NZPSPLA 027 [pdf, 83 KB]

   ...disagrees with Constable Shorn’s conclusion and considers the Police have changed their story. I however note that Constable Shorn was not involved in Mr M’ arrest or prosecution. He is an alcohol harm protection officer and as such is the person who files and prosecutes complaints against licence and certificate holders with the Licensing Authority. He is therefore well placed to make an assessment as to whether the CCTV footage disclosed any misconduct or breach of the Act by Ms C...

9. Rewa v Aukaha - Motiti North- D5, D6A, E1, E2, E3, E4, and E9 Blocks (2007) 89 Tauranga MB 292 (89 T 292) [pdf, 204 KB]

   ...there was no reason to believe that he had. His view was therefore that the injunction was totally unnecessary. [6] I asked both parties to file invoices from their respective lawyers, and reserved my decision as to costs. The invoices were duly filed with the Court in 2002, however were not received in my chambers until last year. The respondents' legal costs totalled $2,238.25, and Mr Rewa's were $353.95. [7] Before I make my decision, I note that there has been a signif...

10. Polamalu - Te Ngāe Farm Trust (2007) 311 Rotorua MB 1 (311 ROT 1) [pdf, 835 KB]

    ...against the trustees, or the political view that they stand for. [4] The second ground anses as follows. In the memorandum accompanyll1g the application for recusal , at paragraph II , it is suggested that: "Suppolters of the marae tlVstees filed a complaint following the unsuccessful injunction application, copies of that complalilt and the receipt letter are attached to schedule I to this memorandum. That complaint issue to be answered or resolved by the Chief Judge, and ,'...