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1. LCRO 47/2014 HJ v GK [pdf, 93 KB]

   ...substantive and procedural deficiencies in relation to the statutory demand, and highlighting a dispute over the alleged debt for which demand was made. Mr GK said that the company would apply to the High Court to set aside the demand and seek costs against Mr HJ’s company if he attempted to serve a further statutory demand in respect of that claim. [11] Mr HJ maintained his position. [12] The Company instructed Mr GK to put a without prejudice offer of settlement to Mr HJ, on...

2. [2016] NZEmpC 71 Marx v Southern Cross Campus Board of Trustees [pdf, 126 KB]

   ...Even if the complaints about various alleged failings were made out, they are not relevant to a determination of the issues currently before the Court. Conclusion [35] Mrs Marx’s challenge is dismissed. [36] If the defendant seeks costs, and they cannot be agreed between the parties, memoranda may be filed, with the defendant filing and serving submissions within a period of 30 days and the plaintiff having a like period of time within which to respond....

3. Edwards v Capital and Coast DHB (Litigation guardian) [2016] NZHRRT 16 [pdf, 67 KB]

   ...12 right to express views both freely and directly and to have those views taken into account. In the context of the Tribunal’s human rights-focused (and relatively informal) jurisdiction care must be taken to avoid the imposition of layers of cost and complexity not justified by the circumstances. Substantial merits [21] A further factor to be considered is that form must not be confused with substance. Section 105(1) of the Human Rights Act requires the Tribunal to focus on the s...

4. [2016] NZEmpC 80 Tribe v John Scott & Co Ltd [pdf, 108 KB]

   ...too late, and JSC had already acted on its reasonably held understanding that Mrs Tribe had resigned and had appointed another person to the position. Conclusion [31] The challenge is dismissed. [32] If the parties are unable to agree costs, the defendant is to file and serve a memorandum and any supporting material within 20 working days; the plaintiff within a further 15 working days and anything strictly in reply within a further 5 working days. Christina Inglis...

5. [2016] NZSSAA 025 (8 April 2016) [pdf, 57 KB]

   ...plans. He provided information to the Authority to the effect that the original trip was for only 11 days. It was only when he was in London that his partner suggested that her grandmother’s in Norway had a guest house that they could use at no cost that a decision was made to extend the trip. The trip was then further extended as a result of news about the earthquake. [25] The Chief Executive says he has no record of the appellant contacting the Ministry to advise of his intention...

6. ETS v WKE [2013] NZIACDT 4 (05 February 2013) [pdf, 109 KB]

   ...identified as $595 prior to commencing, and a further $473 on submission to Mr WKE’s office. That was a total of $1,068 which Mr ETS paid. [9] Mr ETS says that Mr WKE told him a large amount of work was required to respond, and that accounted for the cost. [10] Mr WKE drafted a response to Immigration New Zealand, dated 8 September 2010. The letter essentially asserted that the position Immigration New Zealand had said did not meet the criteria, did in fact meet the criteria. The l...

7. Wiezoreck v McHugh [2013] NZIACDT 49 (9 August 2013) [pdf, 128 KB]

   ...practising on their own account, and put in a situation where they are practising under supervision while they hold a provisional licence. [33] Other possibilities include training and specified conditions. There are also powers relating to imposing costs and compensation. [34] In this decision I am satisfied the range of possibilities to weigh are: [34.1] cancellation of Ms McHugh’s licence and a prohibition on reapplying for a licence for a period; 5 [34.2] cance...

8. AA v ZZ LCRO 156 / 2010 (24 January 2011) [pdf, 100 KB]

   ...discussion. However, I noted that the Practitioner‟s bill was sent to the sister, the Practitioner having informed the Committee that the sister had assumed responsibility for payment. There is nothing particularly unusual about professional costs being assumed by a third party, and that alone does not make that third party the recipient of the services that are provided. In this case however, the Practitioner makes several references to services provided to “you” which, o...

9. The Proprietors of Potikirua Incorporation - Part Te Piki 2 (2008) 103 Opotiki MB 17 (103 OPO 17) [pdf, 2.3 MB]

   ...indicate that the following motion was put to the meeting: (a) That Potikirua Incorporation sell the Land area of 3025 square meters at valuation to Whakaari Beekeepers Limited situated on Te Piki 2 Block for the price of$IOOOO.OO (b) and that all costs will be calTied by Whakaari Beekeepers Ltd. 103 Opotiki MB 19 (c) on the terms of the transaction that [if] Whakaari Beekeepers Limited should windup or for any other reasons move fi'ol11 the business that the land be retumed...

10. Regulatory Impact Statement: Order of Inquiries to determine fitness to stand trial under the Criminal Procedure (Mentally Impaired Persons) Act 2003 [pdf, 600 KB]

    ...options. Based on the significant academic and judicial commentary on the issue and broad rights-based considerations, we have not fully assessed the impact of other alternatives. The policy options are unlikely to:  impose additional costs on businesses;  impair private property rights, market competition, or the incentives on businesses to innovate and invest,  override fundamental common law principles. A RIS is necessary because an alternative to the status q...