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1. [2018] NZEmpC 159 X v The Chief Executive of the Department of Corrections [pdf, 365 KB]

   ...but disputed the appropriateness of an uplift, because he maintained he was justified in rejecting the offer when it did not address the remedy he sought, which was reinstatement.4 [16] In Bluestar Print Group (NZ) Ltd v Mitchell the Court of Appeal emphasised that a steely approach is required to Calderbank offers.5 They should not be put aside lightly when costs are being considered. In New Zealand School of Education v Nafissi the Court considered a rejected Calderbank offer...

2. [2021] NZREADT 39 - Lee (29 July 2021) [pdf, 243 KB]

   ...New Zealand Inc v Northland Regional Council [2019] NZHC 449, at [31]. 2021 NZREADT 39 - Lee - Penalty (003) [33] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out the right of appeal to the High Court. The procedure to be followed is set out in part 20 of the High Court Rules. __________________ Hon P J Andrews Chairperson _________________ Mr G Denley Member ____...

3. [2021] NZEnvC 141 Waimakariri District Council [pdf, 501 KB]

   ...in the terms sought. The general inherent jurisdiction of the courts to do so in a civil context is discussed in the Supreme Court decision in Erceg.2 Section 279, 2 Erceg v Erceg [2016] NZSC 135 at [7] citing various cases from the Court of Appeal 5 RMA allows me to make orders in the course of proceedings. I am satisfied this is sufficiently broadly framed to enable the orders sought in this case. I note this was the view of former Principal Environment Judge Newhook in...

4. [2021] NZEmpC 163 The 20 District Health Boards v New Zealand Nurses Organisation [pdf, 237 KB]

   ...Health Boards (DHBs) oppose the NZNO application, submitting that costs should lie where they fall. Its counsel, Mx Hornsby-Geluk, argued that the NZNO was only partially successful in its arguments. She said the Court should follow the Court of Appeal dicta in Health Waikato Ltd v Elmsly to the effect that where there is a mixed measure of success, costs should lie where they fall.2 [5] Mx Hornsby-Geluk also submitted that the case was properly regarded as a test case. For this...

5. [2022] NZEmpC 106 Soapi v Pick Hawke’s Bay Inc [pdf, 209 KB]

   ...[2016] NZEmpC 167, [2016] ERNZ 552 at [57]. period at the beginning of the season. On Mr Oldfield’s analysis these deductions cannot be made lawfully. [23] Sections 6 and 7 have been considered in different contexts in the Court of Appeal, but the submission was that there has been no authoritative decision on the relationship between them.11 [24] The third question was about s 7(1) of the Minimum Wage Act providing for deductions from wages for accommodation and in p...

6. Kurei v Shaw - Waioeka Lot 435 (2022) 281 Waiariki MB 60 (281 WAR 60) [pdf, 212 KB]

   ...wood, or any flax, tree ferns, sand, topsoil, metal, minerals, or other substances whether usually quarried or mined or not, on or from any Maori land; 6 Flight v Fletcher – Wairarapa 1D 2B 3B [2017] Māori Appellate Court MB 96 (2017 APPEAL 96), at [37]. 281 Waiariki MB 65 … [19] Donaldson v Hemi summarised the principles regarding permanent injunctions:7 (a) A permanent injunction may be granted pursuant to s 19(1)(a) of the Act where a trespass has been m...

7. Te-Au-Reka-Capability-Model-October-2022.pdf [pdf, 1.5 MB]

   ...access reference material from within the solution to support the making of judicial decisions. Refer matters to another court Judicial officers can direct that a matter be heard next in a different location or a different jurisdiction. Where an appeal is lodged, court information from the lower court can be transferred to the appellate court. Record event information Judicial officers and registry can record information relating to events ensuring a complete court record, effectiv...

8. Auckland Standards Committee 1 v Harder [2022] NZLCDT 55 (23 December 2022) [pdf, 98 KB]

   ...the event. That notion is specifically dismissed by his Honour, Clifford J, in the Lagolago decision. [31] The dictum in Laglago also departs from the previously relevant authority of Baxendale-Walker.9 In that matter, the English Court of Appeal held that: Absent dishonesty or a lack of good faith, a costs order should not be made against a regulator unless there is good reason to do so. That reason must be more than the other party has succeeded. [32] In this case, there is...

9. Auckland Standards Committee 4 v Holdaway [2023] NZLCDT 8 (6 April 2023) [pdf, 150 KB]

   ...to award compensation. No compensation order is made in respect of this item. Suppression [23] Our decision and interim order of December 2022 suspending Ms Holdaway from practise were suppressed to protect her reputation pending any possible appeal. That was extended through to 23 March 2023 for pragmatic reasons. That suppression order is to be discharged. [24] At the hearing on 23 March, Ms Holdaway advanced another application for name suppression. Open justice requires p...

10. [2022] NZEmpC 128 Straayer v Employment Relations Authority [pdf, 243 KB]

    ...exercise of its powers regarding the admissibility of evidence.4 [22] A further legal point relates to the question of whether the Court should exercise its power under reg 45(2) of the Regulations to inspect the document. [23] The Court of Appeal has made it clear that inspection should never occur “as a matter of automatic practice”.5 The Court should typically be in “real doubt” before doing so.6 3 Financial Markets Authority v Hotchin [2014] NZHC 2732 at [57]....