Search Results

1. [2021] NZEmpC 143 Fleming v Attorney-General [pdf, 189 KB]

   ...of Appeal finds that Ms Fleming is not, and never has been, an employee of the second defendant (contrary to this Court’s finding), then the issue of remedies does not arise and does not need to be dealt with. The parties’ time, energy and resources would have been wasted. So would the Court’s. [7] That segues into the issue of prejudice. The plaintiff essentially contends that deciding remedies would be a relatively straightforward exercise, occupying no more than a half...

2. LCRO 12/2021 OH v GC (25 May 2021) [pdf, 131 KB]

   ...the outcome of the complaint. It only determines which body should be seized of it.”2 • “… the imposition of a threshold test3 is an unwarranted gloss on s 152…”4 • “The oversight of the LCRO should … assist in protecting the resources of the Tribunal and prevent it from being overwhelmed by petty or trivial cases.”5 • “… it is in our view important that the Tribunal be able to determine some complaints even though the likely sanction will not involv...

3. AODT-Court-Information-for-lawyers [pdf, 349 KB]

   ...judge. Counsel should also give the defendant a copy of the AODT Court Participant Handbook and the AODT Court Participant Agreement to inform them about what is involved in being an AODT Court participant. You can find AODT Court forms and resources on the Ministry’s website: www.justice.govt.nz/about/lawyers- and-service-providers/legal-aid-lawyers/the-alcohol-and-other-drug-treatment-court-aodt/ http://www.justice.govt.nz/courts/criminal/specialist-courts/alcohol-and-other-d...

4. UC & FC v GM [2021] NZDT 1645 (15 November 2021) [pdf, 221 KB]

   ...dismissed. Reasons 1. UC and FL own [Address 1]. GM owns [Address 2]. 2. On or about 12 February 2019 the parties entered into an agreement (the agreement) whereby in exchange for UC and FL giving their written approval as affected persons to a Resource Consent application (for a recession plane), GM agreed to a boundary realignment giving them approximately 32m2 of his land. 3. Clause 3.2 of the agreement stated that if UC and FL did not receive notice that search copies o...

5. OIA-97833-response.pdf [pdf, 799 KB]

   ...addition, the Ministry’s Tātou Tātou Rainbow Network hosted Out @ PSA for their Gender and Sexual Diversity at Work training module in July 2021. While the training was not targeted specifically at court staff, some court staff did attend it. A resource is enclosed, which was given to the attendees of this event. Should you have any concerns with this response, I would encourage you to raise these with the Ministry. Alternatively, you are advised of your right under section 28(...

6. GT Ltd v SX & TX & EN Ltd [2022] NZDT 49 (27 January 2022) [pdf, 122 KB]

   ...detained, given the vehicle had been purchased new quite recently for practical business use. It CI0301_CIV_DCDT_Order Page 3 of 4 is also likely that there was some genuine cost to mitigating this inconvenience, which involved reallocating resources amongst related entities. However, the hire charge was not at arm’s length and I was unable to explore this issue fully before the applicant left the hearing early. Also, it seems that the applicant may bear some responsibility for the...

7. FM & PM v G Ltd [2023] NZDT 134 (30 May 2023) [pdf, 191 KB]

   ...$15,000.00 deposit on the basis that the two contracts were interdependent and therefore, both deposits ought to be refunded. Furthermore, the applicants claim they were misled and did not understand that the build deposit was to be used to progress the resource consent (eg engineers, draughting). 7. The issues to be determined are (a) Is the Sale and Purchase Agreement for the sale of the land with QF Ltd and the Building Contract with the respondent for the house, interdepende...

8. OIA-108320.pdf [pdf, 1.2 MB]

   ...brand refresh (Internal sub-brand) New Zealand Crime and Victim Survey brand design re-brand Hapaitia te Oranga Tangata: Safe and Effective Justice programme brand design Behavioural Science Aotearoa brand design Te Ao Marama brand design Resources and Care for Children brand refresh Te Whaiao (Improving Justice Outcomes for Maori) framework and Te Ngira Kapehu (structured and focused approach to lift Maori-Crown relations' capability) brand design 2017/18 2017/18...

9. Wernham v Accident Compensation Corporation (Costs) [2023] NZACC 041 [pdf, 150 KB]

   ...claimant. In addition the Court is not only ill suited to determining what might be reasonable costs in a particular instance having regard to the economics of private legal practice, but any such attempt would impose a significant burden on judicial resources should every decision on costs require the careful consideration of this Court. [9] In McPhail,2 Judge Henare stated: [56] Rating this case according to its complexity within categories 1 to 3, I conclude this is not an app...

10. Memorandum Directions.pdf [pdf, 549 KB]

    ...hau kāinga within their respective takiwā or rohe (Wai 3300, #6.2.2 at pp 4-6). 25. It is proposed that parties will assist the Tribunal in determining how many regional wānanga will be required (which may be subject to the Tribunal’s available resources) and on which marae they should be held. Next steps in the inquiry 26. The Pou Report stated that, following the wānanga, ‘[i]t is then over to those overseeing the ture components of the inquiry to determine how those outcomes migh...