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1. [2022] NZEmpC 175 Invacare New Zealand Ltd v Pyne [pdf, 193 KB]

   ...statement of claim, which was served one day before the last day for filing a challenge. [8] Having received the statement of claim Mr Purtill sought further advice from the company’s legal counsel and then sought additional input from a human resources manager and others within the organisation. He later gave instructions to seek leave to file a cross challenge out of time. An application for leave was filed nine days after the statement of claim was served on the company....

2. Muir v Zhou (Strike Out) [2022] NZHRRT 49 [pdf, 144 KB]

   ...defendant. Also, as acknowledged in Gwizo at [75], in a case of an abuse of process a relevant consideration (as to the exercise of the discretion whether to strike out) is the effect of the plaintiff’s non-compliance on the Tribunal itself. The resources of the Tribunal are limited and, in this case, the Tribunal has had to become repeatedly and unnecessarily involved in the proceeding as a result of Ms Muir’s failure to comply with directions. [27] In the circumstances, we are s...

3. BQ v XB & TB [2021] NZDT 1637 (7 October 2021) [pdf, 196 KB]

   ...of the way it was constructed? 6. XB and TB have emphasised that both the final location and construction of the access at issue by the original developer has not been in accordance with council ([X Council]) requirements and has departed from resource consent conditions. A contractor for XB and TB has advised root incursion was inevitable, and that insufficient excavation and back-filling occurred during construction. XB and TB are very critical of what they see as X Council’s not...

4. Anne-Tooheys-Submission-Zuhair-Darwish.pdf [pdf, 197 KB]

   ...the broader context of the New Zealand Bill of Rights Act 1990. Counsel is aware that the Human Rights Commission is providing submissions to your Honour in this respect. 21. The RCOI’s focus on the State Sector agencies and counter-terrorism resources by such agencies has been an important part of governmental response to the March 15 event, with corresponding recommendations.4 However, those issues are not the focus of the Interested Parties counsel represents. They are concerne...

5. Anne-Tooheys-Submissions-Aya-Al-Umari.pdf [pdf, 192 KB]

   ...the broader context of the New Zealand Bill of Rights Act 1990. Counsel is aware that the Human Rights Commission is providing submissions to your Honour in this respect. 18. The RCOI’s focus on the State Sector agencies and counter-terrorism resources by such agencies has been an important part of governmental response to the March 15 event, with corresponding recommendations.4 However, those issues are not the focus of the Interested Parties counsel represents. They are concerne...

6. Auckland Standards Committee 3 v Potter [2022] NZLCDT 36 (12 October 2022) [pdf, 103 KB]

   ...that Mr Potter needed. [3] Mr Potter has much to commend him. Now 50 years of age, he entered law later than most. He overcame unusual hurdles to achieve standing as a member of the legal profession. He was once a competitive sportsman. He is resourceful, turning his hand to building (in which he holds qualifications) and gardening. He has succeeded with academic study and is currently studying for a Master’s degree in law. He has thoughts of continuing to doctoral studies i...

7. KH v KN [2022] NZDT 241 (29 November 2022) [pdf, 266 KB]

   ...also say the dwelling leaked after they took possession and the leak had to be fixed. They say this is covered by clause 9.3(5) which says; Where the vendor has done or caused or permitted to be done on the property any works: (a) any permit, resource consent, or building consent required by law was obtained… 25. However, there is no evidence the repair the respondent had carried out required a permit or consent and the respondent says the damaged roof she had repaired was on th...

8. Rapatini v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 97 [pdf, 233 KB]

   ...[1963] NZLR 339, 353-354 (CA); Edwards v Bairstow [1995] 3 All ER 48, 57; [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law: e.g. Jackson and Kenyon above. [17] Ms Becroft notes that in dismissing the appeal, Judge Sp...

9. Tao v Body Corporate 198693 (Costs) [2024] NZHRRT 20 [pdf, 178 KB]

   ...the application to adjudicate her bankrupt18. Ms Tao commenced this claim in an attempt to defer the implementation of decisions made in another jurisdiction. Her unmeritorious claim before this Tribunal resulted in the diversion of time and resources from the Body Corporate in defending a claim brought to defer other proceedings. [16] In the overall circumstances of this case and considering the Tribunal’s approach to costs we conclude that an award of $3,000 against Ms Tao is...

10. Summary-Political-lobbying-meeting-Companies-7-Sept-2023-Final-v2.pdf [pdf, 174 KB]

    ...information they are able to provide could be more valuable to ministers than people who are not experts in their particular sectors. New Zealand has a weaker civil society than some other countries 25. MoJ asked whether some groups had more resources that made them better able to engage and that this might be adding to a feeling that others are not getting fair access. 26. Attendees agreed that this was a challenge, but some thought this issue might not be particularly solvable....