Search Results

1. Ween v Betty's Empire Ltd [2020] NZHRRT 48 [pdf, 212 KB]

   ...Waxman v Pal (Application for Non-Publication Orders) [2017] HZHRRT 4 (Waxman) the Tribunal held, on an application for a permanent suppression order, that the applicant must show specific adverse consequences which are sufficient, in the interests of justice, to justify an exception to the fundamental rule of an open justice system. The standard is necessarily a high one. The decision in Waxman was summarised in Director of Proceedings v Smith (Application for Final Non-Publication Ord...

2. [2022] NZEmpC 21 Baillie v The Chief Executive of Oranga Tamariki - Ministry for Children [pdf, 222 KB]

   ...McKenzie, counsel for plaintiff P Chemis and L Robertson, counsel for defendant Judgment: 11 February 2022 JUDGMENT OF JUDGE J C HOLDEN [1] Mr Baillie was employed by Oranga Tamariki as a residential youth worker at the youth justice residence, Te Puna Wai ō Tuhinapo near Rolleston in Christchurch. He was summarily dismissed on 1 September 2021 as a result of his involvement in an incident involving a young person on 3 April 2021. [2] On 2 September 2021...

3. Mr E v REAA & Mr N [2013] NZREADT 27 [pdf, 39 KB]

   ...proceedings is an important factor in analysing the role of the Tribunal in considering an appeal under s 111 from a decision not to prosecute. Some of the criminal law principles do not apply or have diminished application. In the Polynesian Spa case Justice Randerson discussed the policy reasons why the Courts would not consider or would be reluctant to interfere in a decision not to prosecute. He referred to the proper constitutional boundaries, the fact that criminal proceedings sh...

4. [2016] NZEmpC 88 TD Drilling 2014 Ltd v Crichton [pdf, 162 KB]

   ...Relations Act 2000 (the Act). In addition the plaintiffs were ordered to pay an amount to the Inland Revenue Department for PAYE. [3] In determining that Mr Crichton was employed by both of the plaintiffs the Authority took into account several matters including: a) Their common directors, shareholding and registered office. b) From Mr Crichton’s perspective, there was no difference between the two companies and they were referred to collectively as TD Drilling. c) The nam...

5. [2019] NZEmpC 118 Lorigan v Infinity Automotive Ltd [pdf, 421 KB]

   ...2018. c) Costs be fixed in respect of the present application. [13] On 2 August 2019, I issued a minute to the parties, directing: a) That Mr Lorigan was to file and serve any notice of opposition and submissions regarding the costs-related matters by 12 August 2019. b) That Infinity then file and serve submissions in reply by 26 August 2019. [14] I said I would resolve the application on the papers. [15] On 9 August 2019, Mr Lorigan filed a document entitled “CHALLENGES TO...

6. KQ & LT v SG [2023] NZDT 287 (13 June 2023) [pdf, 234 KB]

   ...LT as of poor quality and using materials not in keeping with the original brickwork. In addition, they say SG painted the front-facing part of the fence without their consent. KQ and LT say they have tried to be patient in efforts to resolve this matter and have approached SG numerous times to get the situation remedied. They say SG refuses to pay for the damage and/or engage with them on remediation of the fence. 2. KQ and LT claim $6,695.65 for repair costs and their losses. I note...

7. [2023] NZEmpC 157 Whakarongorau Aotearoa New Zealand Telehealth Services LP v Public Service Association, Te Pūkenga Here Tikanga Mahi [pdf, 201 KB]

   ...incapable of being deferred without effectively being cancelled so that the grant of the interim relief effectively becomes a summary judgment, the relative strengths and weaknesses of the parties’ cases are more relevant to the overall justice of the case.2 [13] Having dealt with the threshold issue, the Court must then consider where the balance of convenience lies. This is an important consideration that may well determine the grant of an interim injunction.3 It includ...

8. CN v L Ltd & U Ltd [2024] NZDT 493 (4 July 2024) [pdf, 221 KB]

   ...the Respondents to remove the firebox and flue and arrange and pay for the installation of a new firebox and flue. This was all to be done at no cost to CN. 2. After the Tribunal made its order, the Respondents made an offer to CN to resolve the matter in an alternative way. They offered to remove the fire and flue system and pay CN $11,286.10. In an email in reply CN agreed to this proposal provided that any additional costs from the removal of the firebox and flue and making the chi...

9. Guy v Accident Compensation Corporation (Late filing of an appeal to the District Court) [2025] NZACC 160 [pdf, 155 KB]

   ...scheme is minimising the economic, social and personal costs of the impact of injury on the community. Unnecessary delay in bringing an appeal to the ACC jurisdiction of the District Court carries potential costs for the appellant and also for the justice system and those involved in it. [13] In Avery v No 2 Public Service Appeal Board,1 Richmond J (for the Court of Appeal) stated: When once an appellant allows the time for appealing to go by then his position suffers a radical c...

10. Review of the Firearms Registry - Terms of Reference [pdf, 198 KB]

    ...collecting and pest control), and o impose controls that protect the individual and public safety from firearms related harm 4 Schedule 1B of the Arms Regulations 1992 4 Methodology 9. The review will be carried out by the Ministry of Justice and will use three methods: • desktop research • quantitative data • qualitative information including case studies and feedback from a questionnaire and discussions with other relevant government agencies. 10. For...