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1. BN v AW [2020] NZDT 1480 (8 October 2020) [pdf, 193 KB]

   ...replacing the fence. On 1 July 2020, AW issued a cross notice disputing any contribution on the basis that the fence had been removed before the fencing notice was issued, and the pre-existing fence had been adequate. 4. BN filed a claim to have the matter determined by the Disputes Tribunal. 5. The issues to be resolved are: (a) Was the old fence “adequate”? (b) If not, how much can be claimed as a contribution to the replacement fence? Was the existing fence “adequate�...

2. [2021] NZEmpC 150 Ututaonga v North Western Farms Ltd [pdf, 183 KB]

   ...fair to allow Mr Ututaonga to be granted leave to pursue his challenge because his rights as an employee were “trampled on” by North Western Farms, and it has taken months to gather evidence against North Western Farms. [9] The remaining matters in the Authority have not been progressed, and Mr Ututaonga is in breach of timetabling orders for filing evidence, which required him to file his evidence by 26 November 2020. Those matters are now on hold until Mr Ututaonga files...

3. [2022] NZEmpC 235 THL (2005) and ors v NEN and MDL [pdf, 179 KB]

   ...or the Authority; (b) the respondents have assets within the jurisdiction; (c) there is a real risk the assets will be dissipated, or if relevant, will be moved out of the jurisdiction; and (d) the balance of convenience and interests of justice require the grant of interim relief. 1 Borsboom v Preet PVT Ltd [2016] NZEmpC 168 at [25]; see also Potgieter v Bliss Beauty NZ Ltd [2022] NZEmpC 203 at [7]-[11]. [18] Ancillary orders may be made if the Court considers...

4. [2022] NZEmpC 126 Henderson Travels Ltd v Kaur [pdf, 194 KB]

   ...r 5.45 a Judge may make an order if satisfied that there is a reason to believe a plaintiff will be unable to pay the defendant’s costs if the plaintiff’s claim fails.5 [19] The discretion is broad but must be exercised in the interests of justice. The interests of both parties need to be carefully weighed up. The required balancing exercise in weighing up those interests was summarised by the Court of Appeal in McLachlan v MEL Network Ltd:6 [15] The rule itself contemplat...

5. Regulatory Impact Statement Review of aspects of the bail system [pdf, 268 KB]

   1 Regulatory Impact Statement Bail Amendment Bill Agency disclosure statement This Regulatory Impact Statement (RIS) was prepared by the Ministry of Justice (MOJ). It provides an analysis of options to address a range of problems identified in the Government‟s Review of Aspects of the Bail System. Problems relate to: bail for defendants charged with serious class A drug, violent and sexual offences and young defendants under 20; perceptions that bail may be granted in return...

6. [2013] NZEmpC 169 Super Finance Ltd v Thompson-Friend [pdf, 50 KB]

   SUPER FINANCE LIMITED v LINDA THOMPSON-FRIEND NZEmpC AUCKLAND [2013] NZEmpC 169 [10 September 2013] IN THE EMPLOYMENT COURT AUCKLAND [2013] NZEmpC 169 ARC 65/13 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application for stay of proceedings BETWEEN SUPER FINANCE LIMITED Plaintiff AND LINDA THOMPSON-FRIEND Defendant Hearing: On the papers filed by defend...

7. Evaluation of Legal Aid reforms June 2011 [pdf, 185 KB]

   Justice Sector Strategy EVALUATION OF THE LEGAL AID REFORMS Public perceptions of legal aid – June 2011 April 2012 The Ministry of Justice surveyed the general public in June 2011 about their perceptions of New Zealand’s legal aid system and attitudes towards some of the changes being made to the system. Overall, the results appear to reflect a public climate receptive towards making changes to the legal aid system, and general support for a number of the chang...

8. [2015] NZEmpC 164 Wellington Free Ambulance Service Inc v Austing Anor [pdf, 143 KB]

   ...are settled and well established. In order to succeed, an applicant must show: (a) There is a serious issue to be tried; (b) That the balance of convenience favours the making of the order sought; and (c) In considering all matters, the overall justice favours the making of the orders sought. [10] In the recent decision of NZ Tax Refunds Ltd v Brooks Homes Limited, the Court of Appeal confirmed the approach in these terms: 2 The approach to an application for...

9. Final Env-Reg-Report-2019-20 [pdf, 347 KB]

   ...Delivery Group. The Registrar and Deputy Registrars exercise quasi-judicial powers such as the consideration of certain waiver applications and, where directed to do so by an Environment Court Judge, undertake acts preliminary or incidental to matters before the court. The court maintains registries in Auckland, Wellington and Christchurch. Each registry is led by a Service Manager (each of whom are Deputy Registrars and have all the powers, functions and duties of the Registrar of...

10. Final Env-Reg-Report-2019-20 [pdf, 347 KB]

    ...Delivery Group. The Registrar and Deputy Registrars exercise quasi-judicial powers such as the consideration of certain waiver applications and, where directed to do so by an Environment Court Judge, undertake acts preliminary or incidental to matters before the court. The court maintains registries in Auckland, Wellington and Christchurch. Each registry is led by a Service Manager (each of whom are Deputy Registrars and have all the powers, functions and duties of the Registrar of...