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Justice Centre | 19 Aitken Street DX SX10088 | Wellington T 04 918 8800 | F 04 918 8820 ContactUs@justice.govt.nz | www.justice.govt.nz 14 February 2024 Our ref: OIA 109070 Tēnā koe Official Information Act request: Items confiscated by Court Security in 2023 Thank you for your email of 17 January 2024, requesting under the Official Information Act 1982 (the Act), information regarding items confiscated at Courthouses in 2023. Specifically, you request...
...https://legislation.govt.nz/bill/government/2023/0279/latest/LMS879033.html?src=qs https://legislation.govt.nz/bill/government/2023/0279/latest/LMS879033.html?src=qs https://disclosure.legislation.govt.nz/ Some information has been withheld on the basis that it would not, if requested under the Official Information Act 1982 (OIA), be released. Where that is the case, the relevant section of the OIA has been noted and no public interest has been identified that would outweigh t...
...Harold, Counsel for the Defendant Judgment: 19 February 2007 ORAL JUDGMENT OF JUDGE C M SHAW [1] This is an application for an interim injunction brought by the plaintiff, Fuel Espresso Ltd (Fuel), against Victor Hsieh the defendant and former employee of Fuel who is alleged to have breached a restraint of trade clause in his employment agreement. The plaintiff seeks an interim order that the defendant ceases working for or operating a coffee cart named as Beangrinding...
...recorded in writing. She submits that Mr Behan-Kitto was aware of both the reason for the fixed term nature of his employment and the way in which it would end. The Authority’s finding of technical non-compliance turned on the fact that this information was not contained in the body of the employment agreement as the statute requires. It found, however, that because there was a variation to an earlier form of agreement which did comply with the statute, there was no breach. [...
...determination of proceedings before the court. [3] Regulation 6 provides: 6 Procedure (1) Every matter that comes before the court must be disposed of as nearly as may be in accordance with these regulations. (2) If any case arises for which no form of procedure has been provided by the Act or these regulations or any rules made under section 212(1) of the Act, the court must, subject to section 212(2) of the Act, dispose of the case— (a) as nearly as may be practicable...
...to which the substantive case concerns. Counsel submitted that this would defeat the purpose of the proceeding. There are, however, two separate issues. The first is whether the defendants ought to have been given these documents when they requested them before their dismissals for redundancy. That is the question for decision in the substantive proceeding. The second question is both distinct and governed by statute and case law. It is whether, in proceedings to determine wh...
...parallel proceedings dealing with the same essential questions before the Employment Relations Authority, the plaintiffs have not advised the Registrar of the Court of the progress of those matters and their effect on the court file, despite several requests of counsel to do so. [4] The defendants highlight the following factors which they say support their claim for costs. First, they note that the original proceedings filed for the plaintiffs were prepared by an advocate (not the...
...Disbursements [18] As decisions of this Court have frequently emphasised, reimbursement will only be ordered for true disbursements, that is payments made to third parties for goods or services necessary to conduct the case. The claims here include “forms & postage”, “file opening fee”, “printing” and “tolls”. These are normal operating expenses of a legal practice and will not be reimbursed. [19] Photocopying can be a different matter. If such work is done by...
...employees have been reduced drastically. Mr Griffiths says that if the plaintiff is required to pay or secure the money owed to Mr Jenner, it may well have to lay off other staff. [6] The plaintiff has now provided more comprehensive financial information than initially about its circumstances. It says that these are difficult but hopefully improving and offers to pay monthly lump sums towards the amounts awarded by the Authority beginning with a payment literally today. I will r...
...have had to have been canvassed. [10] In my judgment of 24 June 2011 I noted, for example, that there were 675 pages of “will say” statements on behalf of two chartered accounts and 598 pages in the two briefs of evidence of a forensic information technology analyst and accountant, filed on behalf of the plaintiff. There was considerable more material than that for counsel for the defendant to peruse. [11] Although not addressed in the memorandum, because of presumably the...