Search Results

1. [2011] NZEmpC 85 Melville v Air NZ [pdf, 67 KB]

   ...covered an unsuccessful application for removal to the Court and an adjudication which ran for 12 days. I compared that with some first instance cases in the Employment Court concerning substantial litigation involving extensive application of resources, where awards of costs of $50,000 or more were made and, with one exception of a daily rate of $9,375, the others fell between $3,800 and $6,400 per day. The Tribunal’s award in Richardson equated to a rate of $11,666 per day gro...

2. [2012] NZEmpC 68 Postal Workers Union v NZ Post Ltd [pdf, 110 KB]

   ...[14] A number of issues arose at a pre-trial stage, including issues relating to the identity of the plaintiff and the formulation of the question to be determined by the Court. I accept that these issues required the application of additional resources by the defendant. [15] Counsel for the defendant submits that the plaintiff’s conduct in relation to post trial issues also added unnecessarily to the costs incurred by the defendant, with particular reference to an applicati...

3. International Covenant on Civil and Political Rights - list of issues 5th report [pdf, 38 KB]

   ...mechanism to settle comprehensively land claims of indigenous peoples, consistent with the Treaty of Waitangi and with the Covenant rights, has been created. Please also indicate whether the Waitangi Tribunal has been provided with increased financial resources. Dissemination of information relating to the Covenant (art. 2) 27. Please indicate what steps the State party has taken to disseminate information about the Covenant, the submission of its fifth periodic report, its examinat...

4. Barns - Lot 39A 2A and Lot 30A 2B 2B 2A Parish of Matata (2012) 59 Waiariki MB 242 (59 WAR 242) [pdf, 126 KB]

   ...Geothermal Developments Limited; (b) Ms Adlam and Geothermal Developments Limited have sought orders for security for costs against the Otonga Whānau Trust; (c) The Otonga Whānau Trust brings application as a beneficial owner and may have limited resources to provide security for costs; 59 Waiariki MB 245 (d) There is already an order for security for costs in the sum of $60,385.00 in favour of Ms Adlam and Geothermal Developments Limited so far as it relates to the trusts...

5. [2014] NZEmpC 103 Hill v Teck Properties Ltd costs [pdf, 68 KB]

   ...defendant’s claimed financial position is referred to and an offer to negotiate time payments made. However this communication came two weeks after the statement of claim had been filed. [14] The defendant submits that while it did not have the resources to instruct counsel it has paid all money owing under the claim. It is submitted that payment had been promised prior to the statement of claim being filed and that in these circumstances there was no need to commence the claim,...

6. Wetini v Hunia - Matatā Parish 39A4 (2011) 38 Waiariki MB 244 (38 WAR 244) [pdf, 77 KB]

   ...to confirm the trustees’ use of over $1 million of trust funds. A lease must be renegotiated or alternatively proceedings commenced against the current lessee of the land. That lessee is part of a multi national corporation with significant resources at its disposal. [16] I therefore consider it necessary to appoint an independent trustee as chairperson to oversee the business of the trust until such time the lease negotiations or any subsequent proceedings have concluded and...

7. Auckland Standards Committee v Davidson [2013] NZLCDT 14 [pdf, 69 KB]

   ...of references from leaders of the community. This included leaders of the Judiciary, the Bar, the church and business, as well as from those persons in charitable organisations to which Mr Davidson has devoted an enormous amount of his time and resources. [13] We accept the submission that the practitioner “... has given a lifetime of service to the legal profession both in terms of his practise and in the governance of the profession”. His counsel points out that his charit...

8. [2014] NZEmpC 29 Patel v OCS Ltd [pdf, 66 KB]

   ...error made by the Authority, where it is said that the plaintiff allocated a staff member from a “critical area” to a “non-critical area” and that finding was incorrect. The defendant accepts that this was in error. Mr Reynolds, the Human Resources Manager of the defendant, who was the decision maker and who has sworn an affidavit in support of the defendant’s opposition to the application for urgency and in support of the application for a stay, says that he found that th...

9. White v Rodney District Council [pdf, 84 KB]

   ...specifying the required remedial work. In May-June 2002, the claimants took action by obtaining building quotations to carry out the remedial work on the decks. Each quotation was in the vicinity of $19,000. At that time, the claimants had the financial resources to carry out the remedial work but they failed to do any such work. The Kerkins denied liability when contacted by the claimants’ lawyer. The claimants therefore filed proceedings with the WHRS on 7 November 2003. Claim...

10. [2016] NZSSAA 112 (22 December 2016) [pdf, 149 KB]

    ...considering any application for a Payment under Part 3− (a) the Chief Executive must consider− (i) whether a Payment would best meet the Particular Immediate Need of the Applicant; (ii) the Applicant’s ability to meet that need from his or her own resources; (iii) the assistance that is or might be available to the Applicant from other sources to meet that need; (iv) the existing debt level of the Applicant from all sources; (v) the effect on the Applicant or his or her Imme...