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1. Justice Matters - Issue 11 - June 2018 [pdf, 2 MB]

   ...earthquake tribunal The Government will set up a Canterbury Earthquakes Insurance Tribunal to help people with residential earthquake claims in Canterbury. The tribunal will be established and supported by the Ministry. The tribunal will be a cost-effective option for people to resolve their outstanding insurance claims, and will work with parties to ensure claims are resolved quickly. The tribunal is subject to the passage of a Bill. Photo: Simon Makker/Regenerate Christchurch...

2. Handy v New Zealand Fire Service Commission (Strike-Out Application) [2018] NZHRRT 27 [pdf, 351 KB]

   ...to the strike-out being dealt with on the papers and had had almost twelve months to file an affidavit and notice of opposition to it but had failed to do so. [17.3] Having commenced proceedings in the Tribunal, Mr Handy has put NZFSC to the cost of defending them and it is not open to him to flout the Tribunal, to consider he is able to delay matters, or put them on hold. [17.4] The documents filed by Mr Handy do not detail any condition which would prevent writing, or respondi...

3. Taueki - Horowhenua 11 (Lake) (2018) 386 Aotea MB 142 (386 AOT 142) [pdf, 256 KB]

   ...merits.7 Even so, parties should be well advised to make a careful assessment of the merits of any new proceedings in the context of litigation risk. It has been determined previously that a grant of Special Aid is no shield against an award of costs.8 What personal safety issues arise? [26] Mr Sword says that neither he nor his colleagues will attend the Levin District Courthouse unless this Court can “guarantee” their safety. Mr Sword, and more recently,

4. [2019] NZEmpC 66 Morgan v Tranzit Coachlines Wairarapa Ltd [pdf, 261 KB]

   ...fixed-term agreements at issue did not comply with s 66, the result would be that the company would be liable to meet the resulting leave entitlements. These parties should be able to resolve those residual issues (including outstanding issues of costs) through discussions, which can be mediated if necessary. If they cannot otherwise be resolved leave is reserved for either party to apply, on reasonable notice, for further orders of the Court. [31] I record for completeness that...

5. Martin Trusts TRI-2017-100-006 Procedural Order 9 [pdf, 256 KB]

   ...will be an issue at the hearing as to whether, in relation to defects where there is adequate evidence, those defects are significantly serious to justify the remedial work undertaken and whether any particular respondent is liable to meet the costs of that work. [41] That is to say, some defects may be proven and some may not. If the proven defects are serious enough that the overall remedial work was justified and a respondent was liable for that, then the absence of 9 p...

6. [2018] NZEmpC 102 Rachelle v Air New Zealand Ltd [pdf, 460 KB]

   ...action was taken in each case. [34] The further and better particulars are to be provided within 15 working days of the date of this judgment. Leave is reserved to apply for further or other orders relating to Air NZ’s application. [35] Costs are reserved. K G Smith Judge Judgment signed at 2.30 pm on Thursday 6 September 2018

7. LCRO 008/2016 VZ v NK (4 December 2018) [pdf, 212 KB]

   ...deposit funds or to progress the contract. [47] The Committee determined there could be no finding against Ms NK for the unusual and difficult circumstances which arose and noted that Ms NK had endeavoured to achieve a result for Mr and Mrs VZ at no cost to them. It noted that some of the conduct complained about occurred prior August 2008 and for the reasons referred to, there could not be an adverse finding against Ms NK. Ultimately the Committee determined that any delay in re...

8. Hutcheson v Clarkson - Mangamaire B2 (2018) 73 Tākitimu MB 88 (73 TKT 88) [pdf, 432 KB]

   ...declined. Accordingly, there will be no order of suppression regarding the trust’s current contracts. [30] Mr Hope is to provide the Court with copies of invoices for payments made and receipts issued in relation to repairs and maintenance costs, so that I may determine whether such information should remain confidential. [31] The trustees are directed to provide the information from their records regarding the dividend payments to Mr Francois. Mr Hutcheson should also provide...

9. [2021] NZACC 15 - Johnstone v ACC (14 January 2021) [pdf, 158 KB]

   ...of his in season employment and 24.8 weeks of his then prospective off season weekly remuneration, altogether divided by 52. [48] Accordingly, the Corporation’s decision of 4 November 2016 is quashed. [49] Should there be any issue as to costs counsel have leave to file memoranda in respect thereof. Judge C J McGuire District Court Judge Solicitors: Peter Sara, Barrister and Solicitor, Dunedin for the appellant Young Hunter, Christchurch for the respo...

10. 2021-04-11 - Evidence Summary - Christina Bright 12 April 2021 [pdf, 307 KB]

    ...I support the use of maxima for the rate of take limit, daily, monthly, and annual volume limits as included in Attachment 1 of the Planners JWS. (h) As Schedule 10A.4 is intended to provide for a simple to apply, objective, certain, and low-cost process, I no longer consider that Schedule 10A.4 needs to include the proposed Schedule 10A.4.5 included as Appendix A of Claire Perkin’s EIC (EIC dated 5 February 2021). I support the proposed amendments to the RDA Rule in Attachmen...