Search Results

1. [2020] NZEmpC 124 Southern Taxis Ltd v A Labour Inspector [pdf, 208 KB]

   ...relevant authority, it was submitted it would be appropriate to allow a discount on the amount claimed. Discussion [5] Clause 19 of sch 3 of the Act governs the award of costs in the Court. The principles are well known and are set out in Court of Appeal judgments including Victoria University of Wellington v Alton-Lee,6 Binnie v Pacific Health Ltd,7 and Health Waikato Ltd v Elmsly.8 [6] The primary principle is that costs follow the event.9 [7] It is well established that the...

2. Complaints Assessment Committee 413 v Kumandan [2018] NZREADT 75 [pdf, 151 KB]

   ...months and as well to fine him the sum of $7,500. There will be orders accordingly. [14] Pursuant to s 113 of the Real Estate Agents Act 2008, the Tribunal draws the parties’ attention to s 116 of the Real Estate Agents Act 2008, which sets out appeal rights. Any appeal must be filed in the High Court within 20 working days of the date on which the Tribunal’s decision is served. The procedure to be followed is set out in part 20 of the High Court Rules. _____________...

3. [2024] NZEmpC 87 Hadfield v Atlas Concrete Judgment [pdf, 168 KB]

   ...made it clear that there is difficulty in assessing the merits of an application at an early stage and that the exercise should be approached with caution,6 observing that: [37] Accordingly, where a litigant takes steps to exercise the right of appeal within the required timeframe (including advising the other party), but misses the specified time limit by a day or so as a result of an error or miscalculation (especially by a legal adviser) and applies for an extension of time promptl...

4. Working group

   ...aims to build cohesion in this mahi, ensuring people are aware of each other’s work and developing shared goals to work towards and track our progress against. Hon Raynor Asher, QC I was appointed to the High Court Bench in 2005 and to the Court of Appeal in 2016. I have been a Commercial List judge, Chair of the Rules Committee and Chair of the Media and Courts Committee. I retired in March 2019. In addition to carrying out my practice, I am currently Chair of the Media Council and am edit...

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   1. Justice sector & policy >
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   3. Improving Access to Civil Justice

5. Courts and tribunals

   ...Courts of New Zealand website: Courts of New Zealand The related and sometimes overlapping systems in this regulatory area are: Structure and jurisdictions (generalist) This system concerns the constitution and jurisdiction of the Supreme Court, Court of Appeal, High Court and District Court. It directly affects those people moving through the courts. It also has an indirect impact on the wider community in the context of its broader constitutional function. This system supports the rule of law...

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   1. Justice sector & policy >
   2. Regulatory stewardship >
   3. Regulatory systems and areas

6. Auckland Standards Committee 2 v Name Suppressed [2018] NZLCDT 19 [pdf, 92 KB]

   ...whether intentionally or not, she has effectively obstructed the inquiry into the complaint. This was referred to as the absence of a mitigating feature and contrasted with the situation in Hong, where the practitioner had, by the time of the appeal, complied with all of the outstanding Standards Committee orders. Submissions for the Practitioner [7] Mr Pidgeon noted that the practitioner has filed an appeal against the liability decision. Mr Pidgeon’s submissions were therefo...

7. Auckland Standards Committee v Matheson [2015] NZLCDT 4 [pdf, 74 KB]

   ...assaults female pursuant to s 194(b) of the Crimes Act 1961. 4. On 26 July 2013, the practitioner was convicted of that charge and sentenced. 5. On 3 June 2014, after a hearing on 4 April 2014, the High Court dismissed the practitioner’s appeal against conviction in relation to the charge. 3 [4] Ms Paterson for the Standards Committee reminded us of the purposes of disciplinary proceedings which are primarily for public protection, the maintenance of professional...

8. [2009] NZEmpC WC 17/09 Idea Services Ltd v Dickson [pdf, 84 KB]

   ...paid the minimum rate for an average of 14 hours per day. It upheld the Tribunal’s approach of regarding her as working only when she was physically engaged in carrying out her duties. [49] The case is of very little precedent value. On appeal to the Court it had been argued for the first time that the employee’s hours of work should be based on when she was ready, willing and able to serve the employer. That had not been raised before the Tribunal and s95 of the Employme...

9. [2009] NZEmpC AC 16A/09 Peterson & Anor v B Engineering Ltd & Anor [pdf, 87 KB]

   ...has a statutory manager appointed, or any other legal case exists where that party cannot pay it’s (sic) debts in a timely manner, or a resolution is passed for the winding up of that party, or either party gains a judgement against it to which no appeal is pending and remains unsatisfied for more than 14 days, or either party does any act or thing calculated to damage the other party’s goodwill, reputation or intellectual or industrial property, then an automatic Terminati...

10. International Covenant on Civil and Political Rights - summary record 4th report [pdf, 51 KB]

    ...imposed only after a person had been tried in the usual way, and convicted. During the trial, the person was presumed innocent and had all the usual means of challenging the prosecution’s case. Furthermore, a sentence of preventive detention could be appealed to the Court of Appeal in the same way as any other sentence. Additionally, there was an annual review of the sentence of preventive detention for any individual by the parole board, once that individual became eligible for consi...