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  1. Director of Proceedings v Smith (Costs) [2020] NZHRRT 35 [pdf, 259 KB]

    ...made clear to counsel during those attempts that a key issue for the Director was public accountability through a declaration in the Tribunal naming the defendant. The current Director was not a party to those early discussions and despite ongoing requests for a settlement, she elected to pursue a public remedy. Ultimately, the fact that the defendant consented to a declaration of breach of the Code and the fact that costs were also settled, underlines the sincerity of the defendant’s...

  2. [2012] NZEmpC 140 French v Accident Compensation Corporation [pdf, 133 KB]

    ...opposed application for adjournment by the plaintiff. At the outset of the hearing, however, counsel for the plaintiff advised the Court that no adjournment was being sought. Ultimately, I granted an adjournment after counsel for the defendant requested that I do so, and following extensive argument. I then indicated that costs in relation to the hearing should be resolved immediately and invited counsel to be heard. However, counsel for the plaintiff requested the opportunity to...

  3. [2023] NZEmpC 35 New Zealand Nurses Organisation Inc v Te Whatu Ora – Health New Zealand [pdf, 249 KB]

    ...claim that its agreements have the same effect as the plaintiffs allege theirs have. To respond to the MERAS claim fairly, the defendant would need that claim to be properly pleaded, with disclosure provided and evidence presented. [11] Counsel requested that the MERAS application be considered in light of these submissions. Subsequent representations on these issues [12] Mr Mitchell KC, counsel for MERAS, then filed a memorandum stating that as it was not seeking any order from...

  4. Options for resolving remaining Canterbury earthquakes insurance disputes [pdf, 371 KB]

    ...establishing an arbitration tribunal with an inquisitorial focus as an alternative pathway for claimants, EQC and insurers to resolve disputes. It states: 36.1. Principles by which the tribunal will operate include: • Fast track: no delays at request of insurance companies; • Decide claims based on equity and good conscience; • Allow compensation for distress caused by undue delay by insurers; 36.2. Claimants will face no costs to access the tribunal and the adjudicator will a...

  5. Vikashwarjeet v Devi [2014] NZIACDT 27 (17 March 2014) [pdf, 102 KB]

    ...licence, she did not tell them and arrange for continuing representation. [4] The adviser generally disputes the facts alleged in support of the complaint, and claims she delivered professional services properly. She says the complainants withheld information about the character issue, which was not her fault. [5] The Tribunal has accepted the account given by the complainants and upheld the complaint. The complaint [6] The material allegations in the complaint were set out in the St...

  6. Audit-and-monitoring-policy [pdf, 376 KB]

    ...Legal professional privilege Information contained in the provider’s files is legally privileged, however section 109 of the Act provides that legal privilege does not prevent, limit or affect the provider producing a file, record or document requested during audit. Information that is subject to legal professional privilege and produced for the purposes of an audit or investigation must not be used in: • any proceedings against the client; or • any way that is detrimental to...

  7. Health services and outcomes inquiry media release [pdf, 578 KB]

    ...examine breaches of the Treaty of Waitangi in health services and health outcomes for Māori. An initial judicial conference, attended by more than 25 counsel, was convened at Pipitea Marae in May to discuss issues such as scope, eligibility, and how claims might be heard. The parties and the Crown have been directed to hold roundtable discussions over the next three months to further refine the scope, priorities and process for the inquiry and file bibliographies of available research....

  8. [2020] NZEmpC 37 Kang v Lee [pdf, 353 KB]

    ...appear ready for the Authority to consider. Against that background, Mr Lee has belatedly sought an adjournment of the meeting, claiming that he has an urgent need to travel to South Korea. The explanation offered to the Authority to support this request was that he has business interests in New Zealand that are in some way funded by the Government of South Korea and it is necessary for him to attend, in person, in 1 See Employment...

  9. EF v G Ltd NZDT [2021] 1530 (24 February 2021) [pdf, 229 KB]

    ...case the claim and counterclaim are essentially two halves of the same coin. The result must therefore be that if the counterclaim fails, the claim must succeed. 10. The rest of this decision addresses the substance of the counterclaim. The information provided by EF in his written claim and in the initial hearing is also taken into account in that context. 11. Following the second hearing on the counterclaim the issues to be addressed are now as follows: a) Was a debt due and...

  10. Cunliffe & Cunliffe v Helensville Primary School Board of Trustees (Costs) [2024] NZHRRT 28 [pdf, 173 KB]

    ...REPRESENTATION Mr RD Cunliffe and Ms RV Cunliffe in person Mr M Hutcheson and Ms L Wilkinson for defendant DATE OF HEARING: 28 – 29 August 2023 DATE OF DECISION: 31 May 2024 DECISION OF TRIBUNAL ON COSTS1 [1] Mr and Ms Cunliffe claimed that the Helensville Primary School Board of Trustees (the Board) interfered with their privacy by refusing information privacy requests that they 1 This decision is to be cited as Cunliffe & Cunliffe v Helensville Primary School...