Search Results

1. [2023] NZEmpC 91 Hilford v Board of Trustees of Whangarei Boys’ High School [pdf, 200 KB]

   ...In summary, Mr Halse submitted that the usual approach should apply, namely that costs should follow the event. Mrs Hilford had succeeded, and she should be reimbursed accordingly. [10] Mr Harrison, however, submitted that a range of conduct matters should be considered to support a conclusion that costs should lie where they fall and/or be deferred. In summary, he submitted that: (a) Mrs Hilford had access to and retained confidential information during and after the ending of...

2. LCRO 282/2013 AA v BB, CC and DD (27 June 2017) [pdf, 132 KB]

   ...supervisory role of his prosecutors. Ms DD and Mrs BB were engaged for the purposes of legal argument; firstly to consider whether the District Court judge had sufficient evidence to find Mr AA guilty and then whether there were legal grounds on which the matter could be appealed to the Court of Appeal. Ms DD did no more than refer [to] the evidence put before the District Court (which it had found credible and reliable), and Mrs BB make submissions on whether or not there was a matter...

3. [2015] NZEmpC 172 D’Arcy-Smith v Natural Habitats Ltd [pdf, 118 KB]

   ...defendant did not comply with the timetabling orders for the exchange of memoranda, and sought leave to extend time to file a memorandum in reply. Mr D’Arcy-Smith objected to the late filing, but I am satisfied that it is in the broader interests of justice to grant leave. [2] The defendant seeks an award of costs of $20,000 (including disbursements). The basis on which this is sought is set out in a memorandum of counsel. Counsel

4. [2015] NZSSAA 010, 27 February [pdf, 24 KB]

   [2015] NZSSAA 010 Reference No. SSA 039/14 & SSA 040/14 IN THE MATTER of the Social Security Act 1964 AND IN THE MATTER of an appeal by XXXX of against a decision of a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY Mr R D Burnard - Chairperson Mr K Williams - Member HEARING at WELLINGTON on 5 September 2014 APPEARANCES Mr G Howell for the appellant Ms P Sieuva for Chief Executive of the Ministry of Social Development...

5. BORA Ngati Tuwharetoa (Bay of Plenty) Claims Settlement Bill [pdf, 78 KB]

   ...is said to have an "adjudicative connotation" (Chisholm v Auckland City Council CA32/02 29 November 2002 at para 32). I do not believe a negotiated settlement between two parties can be considered to be an "adjudication" of the matters in dispute. Negotiation and adjudication are quite distinct concepts. Secondly, the determination needs to be by a Tribunal like body for the section to apply (Chisholm supra). The Crown is not such a body. 8. Even if the ouster clause...

6. BORA Ngaa Rauru Kiitahi Claims Settlement Bill [pdf, 79 KB]

   ...have an "adjudicative connotation" (in Chisholm v Auckland City Council, CA 326/02, 29 November 2002 at para 32). I do not believe a negotiated settlement between two parties can be considered to be an "adjudication" of the matters in dispute. Negotiation and adjudication are quite distinct concepts. Secondly, the determination needs to be by a tribunal like body for the section to apply (Chisholm supra). The Crown is not such a body. 8. Even if the ouster clause...

7. BORA Regulatory Responsibility Bill [pdf, 364 KB]

   ...held that section 27 of the Bill of Rights Act is only engaged when the "determination" in question is adjudicative in nature. Section 27 does not apply to a decision which might have an indirect impact on the rights of an individual.[1] Matters of high government policy, which do not involve an assessment of rights in individual cases, are therefore not a determination for the purposes of section 27.[2] Decisions made under the Bill, or in the application of the principles, woul...

8. BORA Kaikoura (Te Tai ō Marokura) Marine Management Bill [pdf, 277 KB]

   ...Sanctuary); d)five customary fisheries areas (two taiapure-local fisheries and three mataitai reserves); e)an advisory committee to provide advice to the Minister of Conservation and Minister responsible for fisheries on any conservation or fisheries matters related to the marine and coastal environment within the marine area; and f)fishing regulations that are specific to the area. Consistency with the Right to be Presumed Innocent – Section 25(c) 5.The Bill contains a number of...

9. BORA Social Housing Reform (Transaction Mandate) Bill [pdf, 274 KB]

   ...into contracts and performing other acts in the name of, and on behalf of, HNZC; b. amends the Housing Act 1955 to give the Minister of Housing the exclusive power to administer State housing land; c. amends the Housing Restructuring and Tenancy Matters Act 1992 to clarify that the ‘offer- back provisions’ in the Public Works Act 1981 do not apply (and have never applied) to land vested in Housing New Zealand Limited. Consistency of the Bill with the Bill of Rights Act Section 27...

10. [2016] NZSSAA 023 (31 March 2016) [pdf, 25 KB]

    [2016] NZSSAA 023 Reference No. SSA 126/15 IN THE MATTER of the Social Security Act 1964 AND IN THE MATTER of an appeal by XXXX of New Plymouth against a decision of a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY Mr R D Burnard - Chairperson Mr K Williams - Member Lady Tureiti Moxon - Member DECISION ON THE PAPERS Introduction [1] Mr XXXX is in receipt of New Zealand Superannuation at the married non-qualified partn...