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1. [2023] NZEmpC 210 Robertson v IDEA Services Ltd [pdf, 208 KB]

   ...position was that the Calderbank offer meant it was entitled to seek an uplift from the amount of costs that otherwise would be ordered.11 [31] Mr Ballara’s submissions draw heavily on Bluestar Print Group (NZ) Ltd v Mitchell, where the Court of Appeal cautioned that a “steely” approach is required in dealing with Calderbank offers in this Court.12 In Bluestar, the Court was referring to a similar observation about a “steely” approach made in Health Waikato v Elmsly.13...

2. Rorason v Hughes - Tuaropaki A (2024) 323 Waiariki MB 233 (323 WAR 233) [pdf, 227 KB]

   ...the marae prior to her passing. [2] This application was initially heard on 19 August 20221 and a reserved decision was issued on 4 November 2022,2 where the Court determined that the house belongs to the Mōkai Marae Trust. This decision was appealed, and on 12 May 2023 the Māori Appellate Court remitted the whole matter back to the lower Court, on the basis that there was material evidence that was not provided to either party before the matter was determined.3 [3] The fundam...

3. [2024] NZEmpC 53 Allstar Roofing Ltd v Liu [pdf, 210 KB]

   ...real risk of it not being able to pursue its challenge. It seeks to rely on the High Court judgment of Cullen Group Ltd v Commissioner of Inland Revenue to support its submission that a factor weighing most heavily in favour of a stay is if the appeal of the substantive judgment may be rendered nugatory if a stay is not granted, because liquidation will inevitably follow, preventing the appeal.10 However, Cullen does not support ARL’s submissions; rather, the High Court makes fi...

4. Tawa - Tūaropaki E (2025) 332 Waiariki MB 53 (332 WAR 53) [pdf, 228 KB]

   ...that the Court has issued guidelines saying that applications for special aid funding should be filed in advance of the hearing. 7 At 42. 8 Te Runanga o Ngāti Hine v Te Runanga ā Iwi o Ngāpuhi [2014] Māori Appellate Court MB 133 (2014 APPEAL 133) at [6]-[7], citing Pomare v Rangihaeata – Hongoeka 7 Lots 2 and 3 (2009) 16 Whanganui Appellate MB 108 (16 WGAP 108). 332 Waiariki MB 58 [14] Judge Harvey (as he was then) commented on the importance of applying for spec...

5. [2024] NZEmpC 163 LDJ v EZC Costs [pdf, 209 KB]

   ...relation to costs in the Authority, the respondent opposes LDJ’s application for costs and seeks costs of $2,250 on the basis that it was the successful party. It submitted that the successful application in the Court was not in the nature of an appeal and that it did not overturn the Authority’s decision. It also opposes the claim for disbursements in the Authority on the basis that it was the successful party and that, in relation to the filing fee for the statement of problem...

6. [2024] NZREADT 33 – Wilson v REAA (15 September 2024) [pdf, 105 KB]

   ...attempting to adduce new evidence which was not before the Registrar at the time it made its decision. [34] The Authority referred to KN v Registrar of the Real Estate Agents Authority, where the Tribunal decided that it would follow the test used for appeals (under s 111 of the Act) to assess whether further evidence should be permitted in review applications (under s 112).4 The Tribunal must be satisfied that it is in the interests of justice to admit the fresh evidence, having...

7. Justice Sector Report Letter - June 2025 [pdf, 260 KB]

   ...Government’s Budget package. The key elements include legislative changes to allow the appointment of two new permanent High Court judges, enable the District Court to manage charges against the same defendant in one location pre-trial, and enable certain appeals from criminal District Court cases to be determined by the High Court where appropriate. Ongoing funding for the Police Prosecutions Uplift Programme The Prosecutions Uplift Programme (NZ Police), which supports timely just...

8. Grant v Skinner - Lot 3 DP SA 89753 (2025) 345 Waiariki MB 202 (345 WAR 202) [pdf, 227 KB]

   ...beneficiaries. The Trust Deed states that they are the grandchildren of Lyonel and Pahnia. At the expiration or termination of the Trust, the assets 2 Moke v The trustees of the Ngāti Tārawhai Iwi Trust (2019) Māori Appellate Court MB 265 (2019 APPEAL 265). 3 (2022) 97 Takitimu MB 232 (97 TKT 232). 4 (2025) 282 Waikato Maniapoto MB 9 (282 WMN 9) at [82]-[86]. 5 Waiohewa Trust Deed, annexed to Affidavit of Andre Lyonel Orient Grant dated 5 June 2025. 345 Waiariki MB 206...

9. Auckland Standards Committee v Ram [2011] NZLCDT 32 [pdf, 82 KB]

   ...be satisfied that it is proper to do so having regard to the interests of any person and to the public interest. S.240(1)(c) LCA specifically acknowledges that the discretion extends to a “person charged”. [20] In R v Liddell 1 the Court of Appeal declined to lay down any code to govern the exercise of a discretion conferred by Parliament in terms which are unfettered by any legislative prescription. It said that the starting point must always be the importance of freedom of speech...

10. Wellington Standards Committee v McGuire [2011] NZLCDT 28 [pdf, 94 KB]

    ...taking of fees, did accept that the wording of the charge could have been better framed. 10. For Mr McGuire, Mr Lithgow QC opposed the amendment. He noted, inter alia, that the amendment application was made some eight months after a Court of Appeal 1 decision had confirmed that section 66 Legal Services Act was not breached until a lawyer actually took an unauthorised payment. The Standards Committee had been aware of that decision, as it related to the dispute between Mr McG...