Search Results

1. [2012] NZEmpC 7 Transpacific All Brite Ltd v Sanko & Combs [pdf, 103 KB]

   ...earlier than the trial in the High Court, especially now that a fifth defendant has been added to that proceeding and in respect of which interlocutory issues will almost inevitably arise and need to be dealt with. Public interest [38] This is private litigation so except to the extent of duplication of court resources which is contrary to the public interest, this is not a particular factor in this case. Witnesses [39] Although it is likely that the same witnesses who would giv...

2. [2008] NZEmpC WC 7B/08 Hawkins v Commissioner of Police [pdf, 49 KB]

   ...is seeking 66 percent of that sum. Given the complexity of the case and the length of hearing, that amount is reasonable. [45] He has also claimed as a disbursement an account rendered to him by Paul Bass, a former colleague of his and now a private investigator. From 2001 Mr Bass undertook inquiry and consultancy work for Mr Hawkins in relation to this case and charged $26,751. Mr Brosnahan accepts 32 hours of Mr Bass’s work did not directly relate to the personal grievance...

3. [2013] NZEmpC 42 New Zealand Merchant Service Guild IUOW Inc v Holcim (NZ) Ltd [pdf, 126 KB]

   ...least the 1960s. [6] The Holcim vessels operate all year round. The collective agreement provides at 13.1 that the relevant employees (officers) are: ... deemed to be within the service of the company continuously except during periods of private leave... The officers work in salaried positions and are paid monthly. Clause 15.1(a) provides for a ratio of work to time off at the rate of one day for each complete day worked in the vessel. It is common ground, however, that p...

4. Kemp - Pouto Topu A (2012) 51 Taitokerau MB 277 (51 TTK 277) [pdf, 146 KB]

   ...land. Judge Spencer also noted that if Mrs Lomas considered that there was an error in the Court’s record or orders (in relation to the alleged papakainga) then she would need to bring an application under s 45 of the Act for the Chief Judge to investigate her complaint. [14] The trustees subsequently filed a plan/diagram prepared by Mr Paul Mason of Land and Survey, Surveyors of Whangarei. It identified buildings L to R as the offending baches. Mrs Lomas did not take any furt...

5. Director of Proceedings v Candish [2013] NZHRRT 40 [pdf, 171 KB]

   ...provided no evidence of any potential adverse consequence which might follow should her name be published. She has not established that damage potentially caused to her by publicity would outweigh any genuine public interest. [10.6] While an investigation by the Health and Disability Commissioner into a complaint is conducted in private, proceedings before the Tribunal under ss 50 and 51 of the HDC Act are required to be held in public other than in limited circumstances prescr...

6. LS v TD LCRO 298/2012 Penalty decision (23 February 2015) [pdf, 68 KB]

   ...her and her advisors. • Mr TD should compensate her for costs incurred in her role as a “trustee” and for advice sought about her role as a trustee. • Mr TD should cancel fees rendered to the Trust. • Mr TD should pay for the costs of investigating the “unlawful and fraudulent sale of [address]”. [8] Mr XE’s comments are in the form of a letter addressed to Mrs LS. He considers that Mr TD had treated Mrs LS “somewhat with contempt” and advises her that: (a)...

7. PA v Standards Committee LCRO 267/2014 (30 June 2015) [pdf, 68 KB]

   ...Honour Winkelmann J referred to in Deliu v Hong where she noted:9 In my view the power of review is much broader than an appeal. It gives the Review Officer discretion as to the approach to be taken on any particular review as to the extent of the investigations necessary to conduct that review, and therefore clearly contemplates the Review Officer reaching his or her own view on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exer...

8. [2021] NZREADT 46 - Tapu (23 August 2021) [pdf, 270 KB]

   ...He submitted that it is rare for the Tribunal to make orders for compensation, and when such orders have been made the sums concerned have been low. He further submitted that disciplinary hearings do not replicate, and are not a substitute for, private civil proceedings. [22] On the issue of the quantum of Ms Drummond’s loss, Mr Hern submitted that there is no real way for the Tribunal to assess the veracity of the two valuation reports, as valuation evidence was not given at the...

9. [2022] NZEnvC 176 Vortac New Zealand Limited v Western Bay of Plenty District Council [pdf, 317 KB]

   ...Vortac that the Council could take steps to comply with the order on Vortac’s behalf is unrealistic, in counsel’s submission, given the history of the proceedings and past dealings, including trespass notices and claims for losses resulting from investigations, enforcement action and the allegedly unlawful management of stormwater in the area by the Council. [27] Counsel submits that granting Vortac’s application would make a mockery of the District Plan, the RMA and the Court...

10. Auckland Standards Committee 1 v Harder [2022] NZLCDT 29 (23 August 2022) [pdf, 150 KB]

    ...In answering questions from the Tribunal at the conclusion of his oral evidence, Mr Harder acknowledged that his actions were “deliberate” but that his “judgment was clouded” at the time they occurred. [63] Mr Harder was entitled, as a private citizen, to go to the District Court and to observe Mr S’s Court appearance. However, at the point he decided to go to the cells and see Mr S without seeking consent from his counsel, he embarked upon conduct that he knew abused his...