Search Results

1. 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....

2. [2018] NZEmpC 154 TUV v WXY [pdf, 512 KB]

   ...must fail. The sequence of events [7] The plaintiff had been employed as a clerk by the defendant for many years. Issues arose which led to an employment dispute. The plaintiff believed that she was being subjected to an unjustified performance management process. She sought medical attention and received a string of medical certificates advising that she was assessed as unfit for work. A certificate issued on 17 April 2015 referred to the plaintiff suffering from: …...

3. LCRO 138/2015 AZ, VY and CX v DW and EV [pdf, 260 KB]

   ...the respondents, alleging breach of directors’ duties and applying to set aside transactions which the liquidators considered were voidable. [9] The respondents asked the liquidators to pursue an action in negligence against the company’s former solicitor. A successful outcome would have provided funds to pay the company’s debts, but the liquidators were unwilling to pursue the claim. [10] The respondents initially personally defended the proceedings against them, but aft...

4. BAB v PW LCRO 4 / 2011 (14 August 2012) [pdf, 119 KB]

   ...that role. [34] However, there is a threshold below which a lawyer should not assist in interfering with the rights of others. That is the purpose of the Rule. A lawyer must be able to point to an assessment of the grounds on which he or she formed the view that a caveatable interest existed. The Standards Committee must consider this reasoning and form a view as to the merits of that decision. Otherwise the Rule would have no relevance or substance in these circumstances. [35]...

5. [2008] NZEmpC CC 9/08 Coffey v The Christchurch Press, a division of Fairfax NZ Ltd [pdf, 70 KB]

   ...Coffey, O’Connell (Mr Coffey’s representative), and Thompson and Ms Webby. The notes recorded Mr Thompson saying that Mr Coffey had to show Mr Lammers respect. [12] Following that meeting Mr Thompson wrote to Mr Coffey on 13 December 2006 requesting his attendance at a disciplinary meeting to discuss a number of concerns about Mr Coffey’s alleged poor performance, attitude and behaviour over the past 2 months. It cited a particular incident on 1 November 2006 in which, du...

6. 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...

7. [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...

8. [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...

9. T Ltd v O Inc [2025] NZDT 169 (13 February 2025) [pdf, 124 KB]

   ...vehicle also would not accelerate (presumably because it was in limp mode) and O Inc organised for the vehicle to be towed. 12. Although O Inc was able to provide this for the purposes of the hearing before the Tribunal, it was explained that this information is only accessible to a very limited number of staff because of privacy requirements and that it is not available to a technician on the side of the road. Accordingly, it follows that the fact O Inc had this information in its sys...

10. CI v MT [2023] NZDT 514 (25 October 2023) [pdf, 211 KB]

    ...fees for the studio. Invoice #1038. MT questioned this invoice and declined to pay the Council fees on the basis that she had paid the Council directly. When J Design approached Council for a refund based on a duplicate payment the Council informed her that there was only one payment made. MT was asked for evidence of her payment to Council. On 20 September, five months after being invoiced, she corrected the claim that she had paid Council and paid the invoice in full on 27 Sept...