Search Results

1. [2017] NZEmpC 19 Lewis v Silver Fern Farms Ltd [pdf, 141 KB]

   ...There is no reason to depart from the principle that costs should follow the event in this case. Consequently, Silver Fern is entitled to an award of costs. The issues are how much that award should be, and is it appropriate to make an uplift as requested? [19] Applying the two-step approach in Binnie, it is first necessary to establish whether the costs actually incurred were reasonably incurred. The Inspector has not disputed that Silver Fern’s costs were actually incurred or...

2. [2024] NZEnvC 117 Te Runanga o Kaikoura v Marlborough District Council [pdf, 357 KB]

   ...allowed. The Marlborough District Council is directed to amend the proposed Marlborough Environment Plan by making 1 Resource Management Act 1991. Christine McKee Environment Court seal 2 the changes set out in Appendix 1 attached to and forming part of this order; and the appeal is otherwise dismissed. B: Under s285 RMA, there is no order as to costs. REASONS Introduction [1] This proceeding concerns an appeal by Te Rūnanga o Kaikōura and Te Rūnanga o Ngāi Tah...

3. Mok v Boyd [2010] NZWHT Auckland 29 [pdf, 264 KB]

   ...the responses given by Mr Boyd under cross-examination by Mr Kohler. [52] Kelvin Andrew, is now a retired builder living in the UK and filed an affidavit in support of Mr Tibbits. Parties were given an opportunity prior to the hearing to request that Mr Andrew give evidence by telephone. As no such request was made I admitted Mr 9 Mount Albert Borough Council v Johnson [1979] 2 NZLR 234 (CA). Page | 20 Andrew...

4. Legal aid disbursement policy review response - July 2012 [pdf, 317 KB]

   ...disbursement. Submissions No feedback was received on the incorporation of agents fees within fixed fees. The only feedback received related to obtaining prior approval for an agent’s fee, and timing issues that might arise for urgent requests for that approval. Our response In the new policy the cost of hiring agents will be managed through the existing fixed fee or through the agent’s legal aid rates. This is in line with criminal, family and civil (ACC) fixed fee cas...

5. [2017] NZEmpC 97 Nel v ASB Bank [pdf, 216 KB]

   ...cases, there were many examples of conduct which were petty, although obviously disruptive. That conduct needed to be managed and may have required disciplinary action. However, it was not remotely close to that of a senior manager who had formed a romantic attachment to a relatively junior subordinate. A further distinguishing feature was that Mr Nel was a senior manager in charge of Ms A; a manager’s role was to lead by 37...

6. HU & DU v I Ltd & CJ Ltd [2024] NZDT 598 (9 August 2024) [pdf, 232 KB]

   ...they see fit. Reasons 1. HU and DU purchased an I Ltd [car] in July 2013. In August 2023 the vehicle required about $10,700.00 of transmission work. The vehicle had travelled about 112,000kms when this work was necessary. HU and DU were informed by the repairer that the transmission failed because all four tyres had not been changed at the same time during the life of the vehicle. Tyres on the vehicle that have different circumferences cause strain on AWD system and can lead...

7. [2007] NZEmpC WC 29/07 Hawkins v Commissioner of Police [pdf, 91 KB]

   ...discharged under s347 of the Crimes Act 1961 2 years later. Mr Brosnahan then wrote a detailed letter on 7 November 2003 to Russell Gibson, human resources manager, who had taken over from District Commander Lammas, in which he provided the details requested in 2001 and specified the remedies sought including reinstatement. [12] The parties then attended mediation which was unsuccessful and Mr Hawkins commenced proceedings in the Employment Relations Authority. The first...

8. [2022] NZEmpC 174 Ashby v NIWA Vessel Management Ltd [pdf, 279 KB]

   ...that it seemed likely that her relationship with the Master had become irreconcilably incompatible and that the breakdown was substantially attributable to Ms Ashby. [33] A meeting then took place on 24 September 2015, at which Ms Ashby again requested to be transferred to the second swing shift. [34] By letter dated 28 September 2015, NIWA Vessel advised that it did not consider a transfer to be a viable option, given that the crew she wished to be transferred to had worked w...

9. Kahukura v Moore – Manukōrihi 1B Section 2 (2013) 299 Aotea MB 153 (299 AOT 153) [pdf, 111 KB]

   ...and their 12 children were named as the remainder persons. Procedural history [8] The application was first heard before Judge Reeves on 24 February 2012.4 [9] The matter was then set down to be heard on 22 June 2012 me. The applicant requested an adjournment to seek legal advice and to make sure that all the beneficiaries were informed. The respondent spoke in opposition to the application. Judge Reeves raised the possibility of establishing an ahu whenua trust over the bl...

10. EC v NI [2023] NZDT 734 (14 December 2023) [pdf, 189 KB]

    ...fertiliser and travel were not counterclaimed for and so this is my best assessment to provide an outcome that meets the substantial merits and justice of the case. Referee: J Savage Date: 14 December 2023 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a reh...