Search Results

1. Williams v Police (Strike-Out Application No. 2) [2020] NZHRRT 26 [pdf, 696 KB]

   ...if the interests in disclosure 13 outweigh the privacy interests of the person concerned. The alleged domestic violence background was in the present case made relevant by the terms of the request. [62] Emphasis was also given to certain statements in the statement of reply filed by the Police in March 2016. It is important to note, however, that at the time the document was filed neither Mr Williams nor Ms Christine Scott of the North Shore Policing Centre, Auckland (the author...

2. NJ v UF [2023] NZDT 238 (22 May 2023) [pdf, 247 KB]

   ...of Caveat Emptor applies), and silence will not usually amount to a misrepresentation unless it amounts to a half-truth (being a statement that only conveys part of the truth). However, the courts have said that when a party makes pre- contractual statements, those statements must be correct and questions must be answered correctly. 8. UF says that the sale of P to NJ was a private sale, and she and the Agent disclosed what they knew about P to NJ, based on what they had experienced w...

3. [2011] NZEmpC 43 Hally Labels Ltd v Powell [pdf, 165 KB]

   ...adequate remedy. The issues upon which Mr Gallie concentrated were the balance of convenience and the overall justice of the case. However, in doing so, Mr Gallie submitted that certain issues that the defendant had raised were seriously arguable as defences to the application. In particular, counsel supported the defendant’s contention that he had properly cancelled the agreement for breach and that the restraint accordingly was no longer binding upon him. Serious question...

4. LCRO 125/2019 AB v CD and EF (3 June 2021) [pdf, 238 KB]

   ...others who were in New Zealand at the time of the events.”23 [43] “The Committee was also mindful that it is not the position of counsel “to impose a pre-trial screen through which a litigant must pass before he can put his complaint or defence before the Court”. It was therefore satisfied Ms CD had taken sufficient steps to verify the statements made in the affidavit and had a reasonable basis to believe they were true. Additionally, the Affidavit was filed in response...

5. BORA Customs and Excise Bill [pdf, 231 KB]

   ...of defendants to exonerate themselves. Presumptions in relation to certain matters 91. Clause 407 of the Bill provides that in any proceedings under the Act instituted by the Crown, 21 every allegation made by or on behalf of the Crown in any statement of claim, statement of defence, plea, or charge in relation to any of the following matters is presumed to be true unless the contrary is proved: a. the identity or nature of any goods b. the value of any goods for duty c. the co...

6. 2022-02-11 ORC - MOC - in support of the provisions as agreed at mediation [pdf, 247 KB]

   ...the principles of Te Tiriti o Waitangi have been taken into account in the development of Chapter 7 of PC1 is set out in the section 32 Report for Chapter 7 of PC1.14 6 Chapter 7 of PC1 must give effect to:15 (a) The New Zealand Coastal Policy Statement; (b) Any applicable national policy statements, including of particular relevance, the National Policy Statement for Freshwater 11 RMA, s66(1)(a). 12 RMA, s66(1)(b). 13 Environmental Defence Society v New Zealand King Salmon [...

7. [2012] NZEmpC 98 Kelleher v Wiri Pacific Ltd [pdf, 72 KB]

   ...directly related to the litigation of $10,348 (inclusive of GST). The costs incurred by the defendant include the costs associated with dealing with the plaintiff’s application for leave to challenge (although not opposed); drafting and filing a statement of defence; drafting and filing submissions in opposition to the plaintiff’s stay application (which was granted); attendance at a telephone conference on 12 August 2010; drafting and filing an amended statement of defence; dr...

8. [2006] NZEmpC AC 74/06 Sandifer v Plumbers Gasfitters & Drainlayers Board NZ [pdf, 34 KB]

   ...incurred the following matters were advanced by the defendant: • That counsel’s hourly rate is a reasonable and modest one in comparison with other representation costs within the Auckland legal fraternity; • Further particulars of the statement of claim and an additional amended statement of defence were required; • The briefs of evidence of the two witnesses required reworking given that the plaintiff was pursued only part of his original claim; • While one wit...

9. [2017] NZEmpC 62 Tradefog Global Co Ltd v Bartholomeusz [pdf, 92 KB]

   ...prohibited from bringing their challenge by s 179(5) of the Employment Relations Act 2000 (the Act). A timetable was directed for the exchange of submissions. Pending resolution of that preliminary issue the defendant was excused from filing his statement of defence. [5] Both parties filed submissions on the preliminary issue. The defendant was successful and the challenge by both plaintiffs was dismissed. This application [6] The defendant has applied for what is described in...

10. [2007] NZEmpC WC 11/07 Smith v Nga Kairauhii Trust [pdf, 52 KB]

    ...Irrespective of whether Ms Smith consented or did not oppose the course, the Authority has recorded at paragraph 5 of its determination that: “… I directed that the claim the grievance was raised out of time be addressed first, by way of witness statements and submissions.” It did not question witnesses, whether those whose accounts it had or others whose potential evidence may have seemed important to it. The issues the Authority had to decide were, nevertheless, important...