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1. [2014] NZEmpC 5 Nee Nee and Nathan v C3 Ltd costs [pdf, 57 KB]

   ...accommodation, car parking and mileage for one of its witnesses to travel from Tauranga to Auckland and remain in Auckland to give evidence. [7] The Court is guided in the exercise of its discretion on costs by three decisions of the Court of Appeal. 2 This was recently reiterated by the Court in Tan v LSG Sky Chefs New Zealand Ltd. 3 [8] On the basis of those authorities the two primary principles to be applied regarding orders for costs in this Court are, first, that cos...

2. Penalty REAA CAC 10017 v Sherburn [2014] NZREADT 32 [pdf, 21 KB]

   ...Sherburn. [5] Accordingly, we regard this matter as closed in terms of our said 26 November 2013 decision [2013] NZREADT 105 and this decision about penalty. [6] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr J Gaukrodger Member ___________________________...

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

   ...application would also need to include reasons for the application with reference to the parameters of such a review. [8] For the sake of completeness, I must address one last matter. The applicant included what he described as a new complaint in his appeal application. He alleged that the practitioner had not provided him with information he had requested by two letters. Copies of these letters were provided, and were dated 23 October 2007 and 12 December 2007. The first sou...

4. BORA Civil Aviation Amendment Bill [pdf, 20 KB]

   ...the Director of Civil Aviation may temporarily stop an air operator from working in this country without prior notification, we consider that section 11C raises issues of consistency with section 27(1) of the Bill of Rights Act. 6. The Court of Appeal has stated that observance of the principles of natural justice is a flexible concept and is very much fact specific.[1] We have therefore taken note of the fact that the notice can only be imposed for a limited specific reason, and even t...

5. BORA Regulatory Responsibility Bill [pdf, 364 KB]

   ...individuals affected by a decision made under a particular Act or Regulation from bringing judicial review proceedings on established grounds including that the decision is outside the authority of the Act or regulation (ultra vires). 9. The Court of Appeal has held that section 27 of the Bill of Rights Act is only engaged when the "determination" in question is adjudicative in nature. Section 27 does not apply to a decision which might have an indirect impact on the rights of...

6. CO v DSI [2011] NZIACDT 12 (4 April 2011) [pdf, 69 KB]

   ...statute creating a scheme where the Tribunal’s work is subject to secrecy. For a professional disciplinary body in contemporary New Zealand to operate without its decisions being available would be a truly exceptional situation. [9] The Court of Appeal in R v Liddell [1995] 1 NZLR 538, 546 per Cooke P said in relation to the question of name suppression: “The starting point must always be the importance in a democracy of freedom of speech, open judicial proceedings and the right of...

7. CO v IBU [2011] NZIACDT 11 (4 April 2011) [pdf, 70 KB]

   ...statute creating a scheme where the Tribunal’s work is subject to secrecy. For a professional disciplinary body in contemporary New Zealand to operate without its decisions being available would be a truly exceptional situation. [9] The Court of Appeal in R v Liddell [1995] 1 NZLR 538, 546 per Cooke P said in relation to the question of name suppression: “The starting point must always be the importance in a democracy of freedom of speech, open judicial proceedings and the right of...

8. ZC v DM LCRO 307/2013 (30 January 2014) [pdf, 25 KB]

   ...further submits that the payment of the prescribed fee does not fall within the s 198 (b) time limit and that payment “can be satisfied otherwise than in terms of time limitations” 1 [14] The failure to pay a prescribed fee for the bringing of an appeal or other application that a decision be reviewed will be fatal to an application. imposed by the section. 2 [15] The jurisdiction of the Legal Complaints Review Officer is entirely statutory and I have only the powers conferr...

9. [2016] NZEmpC 150 Whanau Tahi Ltd v Dasari [pdf, 79 KB]

   ...costs in respect of the challenge but also costs which should be awarded in respect of the proceedings before the Authority. [7] The principles applying to an application for costs in this Court have now been well established in three Court of Appeal decisions. 2 Costs would normally follow the event. Usually the award of costs to a successful party would be two thirds of actual reasonable costs. The Court has a wide discretion in making an award of costs and can order increase...

10. [2017] NZEmpC 57 McPherson v Carter Holt Harvey [pdf, 81 KB]

    ...will cause to the opposing party must be considered and weighed against any prejudice the applicant will suffer if leave is declined. Ultimately the application must be assessed having regard to the overall interests of justice. As the Court of Appeal has stated in Shanton Apparel Ltd v Thornton Hall Manufacturing Ltd: 2 The parties should have every opportunity to ensure that the real controversy goes to trial so as to secure the just determination of the proceeding. [6] The...