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1. [2010] NZEmpC 6 Ora Ltd v Kirkley [pdf, 44 KB]

   ...successfully defending the challenge and succeeding in having the remedies increased. At present the Court’s wide jurisdiction as to costs is guided in its exercise by the three Court of Appeal decisions, well known in this area, namely Victoria University of Wellington v Alton- Lee5, Binnie v Pacific Health Limited6 and Health Waikato v Elmsly7. [35] In Binnie the Court was directed to consider, first, whether the costs actually incurred were reasonable and, second, to then det...

2. Regulatory Impact Statement harmful digital communications [pdf, 56 KB]

   ...Big Picture to undertake research into a number of issues as part of the Law Commission’s review. 2 John Fenaughty Challenging Risk: NZ High-school Students’ Activity, Challenge, Distress and Resiliency, within Cyberspace (PhD Dissertation, University of Auckland, 2010).   16. The Courts can take a long time to reach a remedy. In addition, it is often unrealistic for some people to take civil proceedings or lay a complaint with police. These individuals may not have the mean...

3. [2008] NZEmpC WC 9A/08 NZ Professional Firefighters Union $ Ors v NZ Fire Service Commission & Ors [pdf, 40 KB]

   ...the Commission was already represented by very experienced and capable counsel in Mr McBride. While the Commission was entitled to have senior counsel of its choice instructed to represent it as well, the cost of counsel travelling from and to Auckland ought not to be visited on the plaintiffs. I therefore decline to order reimbursement of Mr Toogood’s travel costs. [31] I am also concerned about a claim to recover as disbursements what are generally regarded as no...

4. [2012] NZEmpC 5 Bishop & Bishop v Bennett [pdf, 90 KB]

   ...of the two step approach earlier identified. We shall deal with the first step after noting a submission made by Mr Taylor on the full indemnity point. He relied on the decision of Chief Judge Goddard in Counties Manukau Health Ltd (t/a South Auckland Health) v Pack unreported, Goddard CJ, 25 October 2000, AC72A/00. There the Chief Judge suggested that full indemnity costs should ordinarily be reserved for a case in which the losing party's case was wholly lacking in merit an...

5. [2016] NZEmpC 16 Best Health Products Ltd v Nee [pdf, 172 KB]

   ...time of the offer exceeded $750 (excluding GST); and that the offer was unreasonably rejected so that Ms Nee incurred more costs in dealing with BHPL’s unsuccessful challenge. 16 Victoria University of Wellington v Alton-Lee [2001] ERNZ 305 (CA) at [61]-[63], Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 (CA) at [14]; Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172; (2004) 17 PRNZ 16 (CA) at [42] and Belsham v Ports of Auckland Ltd...

6. Judge v Care Park New Zealand Ltd (Strike-Out Application) [2018] NZHRRT 14 [pdf, 326 KB]

   ...complaint to the Privacy Commissioner. Therefore no settlement in respect of the privacy interference has ever been made; and [10.2] he signed the settlement agreement under duress. The jurisdiction to strike-out – principles [11] In Mackrell v Universal College of Learning HC Palmerston North CIV-2005-485- 802, 17 August 2005 at [48], Wild J held that the Tribunal has a wide discretionary power to strike out or to dismiss a proceeding brought before it and the exercise of this powe...

7. [2020] NZEnvC 215 Awatarariki Residents Incorporated v Bay of Plenty Regional Council [pdf, 2.2 MB]

   BEFORE THE ENVIRONMENT COURT AT AUCKLAND I MUA I TE KOTI TAIAO O AOTEAROA Kl TAMAKI MAKAURAU Decision No. [2020] NZEnvC ?- 15 Court: Hearing: Appearances: IN THE MATTER BETWEEN AND of an appeal under Schedule 1 to the Resource Management Act 1991 AWATARARIKI RESIDENTS INCORPORATED (ENV-2020-AKL-000064) Appellant BAY OF PLENTY REGIONAL COUNCIL First Respondent WHAKATANE DISTRICT COUNCIL Second Respondent Chief Judge D A Kirkpatrick Commissioner A C E Leijne...

8. MfE - EiC - K S Kohere - Planning Policy (5 Feb 2021) [PDF, 254 KB]

   ...and Rongowhakaata. I do not have any strong whakapapa associations with the Otakou (Otago) area other than through our eponymous ancestor Tahu Potiki. 9. I hold a Bachelor of Planning (2004) and Master of Planning (Hons) degree 2008 from the University of Auckland. I have been employed by MfE since September 2020 and have 20 years’ experience in the planning and policy field. 10. MfE is the Ministry responsible for developing National Direction instruments under the Resource Man...

9. 2 RIA Repeal of three strikes law [pdf, 3.3 MB]

   ...arrangements the repeal will only affect offenders whose sentences are imposed after the proposed legislation comes into force. 8 Klinger, S. (2009) Three Strikes for New Zealand? Repeat Offenders and the Sentencing and Parole Reform Bill 2009. In Auckland University Law Review. p. 256 9 Fitzgerald v R [2020] NZCA 292. 10 Section 86D of the Sentencing Act 2002. 11 Parole aims to encourage offenders to participate in rehabilitation programmes that target the cause of their offendi...

10. [2025] NZEmpC 138 Soundhomes NZ Ltd v Doughty [pdf, 281 KB]

    SOUNDHOMES NZ LIMITED v PHILIP CARL DOUGHTY [2025] NZEmpC 138 [7 July 2025] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2025] NZEmpC 138 EMPC 393/2024 IN THE MATTER OF an application for a freezing order and ancillary orders AND IN THE MATTER OF an application to vary orders AND IN THE MATTER OF an application for costs BETWEEN SOUNDHOMES NZ LIMITED Applicant AND...