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1. [2014] NZEmpC 44 Fox v Hereworth School Trust Board No3 interlocutory [pdf, 74 KB]

   ...pleading for the plaintiff is her second amended statement of claim filed on 17 January 2014. At para 18 the plaintiff alleges that: Mr Abraham threatened the Plaintiff in his 29 September 2009 letter by stating “… if you elect to discuss these matters externally, you do so at your own peril.” This greatly alarmed the Plaintiff. [4] At paras 34-35 the plaintiff claims: 34 On 25 November 2009 the Plaintiff became aware that the Defendant had questioned parents of children a...

2. OV v PG LCRO 250 / 2010 and 242 / 2011 (7 August 2012) [pdf, 79 KB]

   ...conviction, the Applicant sought to appeal his conviction broadly on four grounds, none of which succeeded, and the appeal was dismissed. The Court of Appeal’s decision was on the Standards Committee file and provided a helpful background to matters that occurred in the course of the trial. I also noted that several appeal grounds concerned alleged errors by the Applicant’s defence counsel (the Practitioner), and were the same matters raised in the Applicant’s complaints again...

3. Wall v Fairfax New Zealand Ltd (Costs) [2017] NZHRRT 28 [pdf, 216 KB]

   ...Responsibility for “respecting and ensuring” the ICCPR rights is a State obligation (Article 2(1)), as is the responsibility to enact domestic legislation which is both clear and without ambiguity. [9] There is also the principle of access to justice as recognised in Andrews at [57]. It is a principle of some significance in the costs context. It is particularly important that the 3 Tribunal recognise that the risk of having to pay the legal costs of the opposing side (or...

4. Waikato Bay of Plenty Standards Committee 1 v Campion [2017] NZLCDT 31 [pdf, 143 KB]

   NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2017] NZLCDT 31 LCDT 008/17 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN WAIKATO BAY OF PLENTY STANDARDS COMMITTEE 1 Applicant AND JOHN CAMPION Practitioner CHAIR Judge D F Clarkson MEMBERS OF TRIBUNAL Ms F Freeman Mr S Grieve QC Mr C Lucas Ms C Rowe HEARING 2 November 2017 HELD AT Auckland Tribunals Centre DATE OF DECISION 10 N...

5. Casas v Navarette-Scholes [2017] NZIACDT 16 (20 September 2017) [pdf, 203 KB]

   ...require consideration of the overall position. I need to also consider previous sanctions, in the context of Ms Navarette- Scholes’s current circumstances. [4] Accordingly, I set out the reasoning and effect of the sanctions decisions in the two matters, but will issue separate decisions with the respective orders in each complaint. The Registrar and the Complainant’s positions in relation to this complaint [5] The Registrar took the view that in all the circumstances, the order...

6. [2020] NZEmpC 127 123 Casino Ltd T/A 123 Palm Bar & Restaurant & Function Centre v Zuo [pdf, 208 KB]

   ...except as to costs. Implicitly, by including GST in the application, an uplift was also sought because Ms Zuo is not GST registered. [8] Amy Guan, who is a director of Palm Bar, filed submissions in response, some of which sought to relitigate matters dealt with in the judgment. Those matters have been concluded and cannot be revived in deciding costs. [9] Ms Guan did not dispute Ms Moncur’s assessment of the steps required in the litigation or using the Guideline Scale to ass...

7. [2018] NZSSAA 26 (28 May 2018) [pdf, 134 KB]

   [2018] NZSSAA 26 Reference No. SSAA 162/16 IN THE MATTER of the Social Security Act 1964 AND IN THE MATTER of an appeal by XXXX of XXXX against a decision of a Benefit Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY S Pezaro - Deputy Chair C Joe - Member Hearing at Whangarei on 23 May 2018 Appearances XXXX in person; XXXX, his wife, as agent P. Siueva, agent for the Ministry of Social Development INTERIM DECISION [1] T...

8. [2008] NZEmpC Maritime Union of NZ Inc and ors v TLNZ Ltd and anor [pdf, 46 KB]

   ...this. [26] The broad discretion given by clause 19 to Schedule 3 to the Employment Relations Act 2000 permits the Court, under the unique regime of employment relations, and this Court’s appreciation of them and their implications, to do justice in costs by taking account of factors such as those I have just outlined. [27] So I accept that different considerations apply to cases such as this which are thereby distinguishable from the sorts of cases in which the Court of Appeal...

9. UN Declaration on the Rights of Indigenous Peoples [pdf, 166 KB]

   ...exercised in con- formity with international law, Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative rela- tions between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith, Encouraging States to comply with and effectively implement all their obligations as they apply to indigenous peoples under inter- national instruments, in pa...

10. [2016] NZEmpC 60 Eden Group Ltd v Jackson [pdf, 178 KB]

    ...Blackman; and  breaches of s 4 statutory obligations of good faith under the Employment Relations Act 2000 (the Act). 1 Eden Group Ltd v Jackson [2016] NZEmpC 58. 2 <www.employmentcourt.justice.govt.nz/assets/Uploads/practice-direction-consolidated>. [4] Remedies to be sought in the Authority include:  interim injunctive relief to restrain the respondents from committing breaches;  a permanent injunctio...