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1. [2011] NZEmpC 64 Brake v Grace Team Accounting [pdf, 78 KB]

   ...at least some of its costs, the defendant is unlikely to be able to recover any of them if it is successful as it has been to date. [26] On the other hand, an order for security for costs in a case such as this should not have the effect of disabling the plaintiff from pursuing her challenge. However, I am not satisfied that to make a relatively modest order for security would necessarily have this consequence as Ms Brake has asserted will be the result of any order the Court m...

2. [2009] NZEmpC AC 23A/09 NZ Airline Pilots Association Inc & Anor v Jetconnect Ltd & Ors [pdf, 34 KB]

   ...analogy to a criminal proceeding and some analogy to a civil proceeding. In Wallis Brothers Ltd v Canterbury Bye Products Ltd (1985) 5 PRNZ 590, 594 the Court of Appeal described the ordinary meaning of penalty as a punishment or some loss or disability imposed by law for a wrongdoing. That accords with the nature of penalties under the Employment Relations Act. [21] Regulation 37, which sets out the objective of regs 40 to 52 covering document disclosure, notes that “…where...

3. [2015] NZSSAA 031, 8 May [pdf, 53 KB]

   ...circumstances of old age, unemployment and sickness benefits is a social security programme which provides for the contingencies provided for in the New Zealand income support legislation which provides benefits for old age (New Zealand Superannuation), disability (Supported Living Payment), and unemployment (Jobseeker Benefit). [23] The Haarlem District Court decision makes it clear that the original KOB was payable on the contingency of old age. The recipient must be 65 years or ol...

4. [2013] NZEmpC 98 Brake v Grace Team Accounting Ltd [pdf, 79 KB]

   ...4 [2011] NZEmpC 64. to the redundancy and that without an order for security for at least some of its costs, it would be unlikely to be able to recover them. On balance though he also found that it should not have the effect of disabling the plaintiff from pursuing her challenge and directed that security for costs in the sum of $6,000 to the satisfaction of the Registrar of the Employment Court at Auckland be given. In part that was satisfied by a security over a m...

5. [2014] NZEmpC 63 Bracewell v Richmond Services Ltd [pdf, 81 KB]

   ...psychiatrist, whom I will refer to as “K”, engaged by the Board. Ms Bracewell says that she has become aware of the existence of such documents only recently as a result of a statement she says was made to her by the Deputy Health and Disability Commissioner. That statement was that the Chief Executive Officer of the Board reported to the Deputy Commissioner that a second assessment of client A’s competency (to consent to sexual activity including prostitution), was c...

6. International Covenant on Civil and Political Rights - concluding observations 5th report [pdf, 153 KB]

   ...Covenant on Civil and Political Rights Distr.: General 7 April 2010 Original: English CCPR/C/NZL/CO/5 2 (d) The ratification of international human rights treaties, including the International Convention on the Rights of Persons with Disabilities and the Optional Protocol to the Convention against torture and other cruel, inhuman or degrading treatment or punishment. 4. The Committee welcomes the contribution of the New Zealand Human Rights Commission and non-governmental...

7. CAC 20006 v Wallace [2013] NZREADT 81 [pdf, 36 KB]

   ...Estate Agents Authority prior to that which initiated the present case. [16] He considers himself a law-abiding citizen with a commitment to the wider community. He supports many charities including Auckland Rescue Helicopter Service, Riding for Disabled Children, Daffodil Day, Guide Dogs for the Blind, Haemophilia Foundation of NZ Inc., and others. [17] He is an active member of Howick Volunteer Coastguard and has been for the last seven years or so. He is regularly called to ass...

8. Legal aid for civil family disputes - Māori [pdf, 850 KB]

   ...whakatau whakamarutanga whakarekereke ā-whare • ngā kōkiritanga whakawā ‘tūroro marohi’ i raro i te Mental Health (Compulsory Assessment and Treatment) Act 1992 • ngā kōkiritanga whakawā ‘tūroro marohi’ i raro i te Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003. Ētahi atu kōrero Mō ētahi atu kōrero mō te āwhina ture, whakapā atu ki tō tari āwhina ture o tō rohe, haere rānei ki te paetukutuku a Te Tāhū o te Ture justice.govt.nz/l...

9. Auckland District Law Society v Mathias [2010] NZLCDT 10 [pdf, 42 KB]

   ...Society seeks costs in respect of the considerable work which has been put into presenting the case against Mr Mathias. Although Mr Mathias’ circumstances are poor at the present time, he deposes that he receives a “modest weekly sum from medical disability insurance”. [15] We accept the Society’s submission that costs orders ought to be made notwithstanding Mr Mathias’ circumstances in case they are able to be enforced at some time in the future, because there is no rea...

10. [2015] NZSSAA 102 (18 December 2015) [pdf, 47 KB]

    ...appeal to the Authority is the problems he experienced with the Benefits Review Committee. 2 Background [3] The appellant is in receipt of Supported Living Payment paid at the single rate. He also receives Accommodation Supplement, Disability Allowance and Special Benefit. [4] A report from a registered psychologist completed in September 2013 indicates that he suffers from Post Traumatic Stress Disorder which has left him with extreme hypervigilance issues. [5] In F...