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1. Baker v High Court (Costs) [2022] NZHRRT 4 [pdf, 696 KB]

   ...groundless litigation, particularly if the proceedings constitute an attempt to relitigate issues already determined. [18] There is a need for the plaintiff to understand she cannot continue litigating with impunity and that her limited financial resources do not make her immune to an award of costs. [19] Ordinarily we would be minded to award the full amount of costs sought ($3,000 plus disbursements). However, taking into account the plaintiff’s status as a beneficiary, we award $...

2. [2021] NZEmpC 160 Wilson v Manukau Institute of Technology [pdf, 216 KB]

   ...Hollings” OR (“Joanne Verry” OR “Kirsten Sargent”). [23] Those directions resolved the reg 52 application. Admissibility issue [24] The second issue relates to certain paragraphs to be given in evidence by Carolyn Pene, Human Resources Business Partnering Manager for MIT, employed by it since late 2018. [25] In four paragraphs of her brief of evidence, she intends to give evidence about Mr Wilson’s circumstances at the time of his employment in 2011; sh...

3. Chief-Electoral-Officer-Position-Profile-22.10.21 [docx, 35 KB]

   ...ensuring legal and legislative obligations are met; · proactively managing risks, opportunities for innovation and information to best effect; · monitoring developments in other jurisdictions in relation to electoral matters; · implementing modern human resource policies and practices including Health and Safety; · providing leadership to a wide range of contractors, managers and staff including the up to 25,000 temporary staff who work for the Commission during a general election or an ele...

4. CEO Position Profile [docx, 35 KB]

   ...ensuring legal and legislative obligations are met; · proactively managing risks, opportunities for innovation and information to best effect; · monitoring developments in other jurisdictions in relation to electoral matters; · implementing modern human resource policies and practices including Health and Safety; · providing leadership to a wide range of contractors, managers and staff including the up to 25,000 temporary staff who work for the Commission during a general election or an ele...

5. [2023] NZEnvC 054 Pascoe v Minister for Land Information [pdf, 193 KB]

   ...authorised further sub-delegation of that power to employees of LINZ. And if so; (b) whether the service of any notices issued under s 18 or s 23 of the PWA were lawfully served on Mr & Mrs Pascoe under the State Services Act 1988, PWA or the Resource Management Act 1991 (RMA). [4] There is a difference of opinion between Mr & Mrs Pascoe (the objectors) and the Crown as to whether the above issues are justiciable by the Environment Court. It is the Crown’s view that...

6. Interpreter’s Code of Conduct [pdf, 211 KB]

   ...Service Providers (LSPs) must act in accordance with the Ministry’s Privacy Guidelines for Justice Providers, the Privacy Act 2020, and any other relevant obligations. The Ministry’s Privacy Guidelines for providers of Justice Services is a useful resource to help interpreters manage information in a way that is confidential, secure, and consistent with the requirements under the Standard Terms. It is best practice to seek the person’s consent before sharing their private inform...

7. [2022] NZEmpC 126 Henderson Travels Ltd v Kaur [pdf, 194 KB]

   ...security of $10,000, or any other amount the Court considers appropriate. Curiously, the application sought a stay until any security is paid or provided. [12] Essential to Henderson Travels’ application are concerns about Ms Kaur’s financial resources and immigration status. [13] Vyom Sikri, a former director of Henderson Travels, provided affidavits in support of the company’s application and in opposition to Ms Kaur’s application. [14] As well as indicating that Hender...

8. [2022] NZEmpC 34 Henderson Travels Ltd v Kaur [pdf, 210 KB]

   ...affidavit confirming his ability and/or preparedness to provide this support. [20] On the evidence available, if the whole of the Authority’s determination was paid to Ms Kaur, and spent, she would not have the ability to repay it from resources immediately available such as her savings. Repayment would require assistance from her family which may, or may not, be readily available. [21] This assessment factor points towards granting a stay. Is the challenge pursu...

9. Xu v Accident Compensation Corporation [2022] NZACC 205 [pdf, 247 KB]

   ...been properly construed or interpreted and applied to the facts: CIR v Walker.12 • Even if the qualifying criteria are established there remains an extensive discretion in the grant or refusal of leave 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: Jackson and Kenyon.13 Grounds of appeal [20] Ms Xu’s submissions in support of her...

10. Roberts v ACC (Claims process) [2024] NZACC 69 [pdf, 198 KB]

    ...helpfully identified by the Supreme Court of Canada in Borowski v Attorney-General. They are, first, the importance of the adversarial nature of the appellate process in the determination of appeals, secondly, the need for economy in the use of limited resources of the appellate courts and, thirdly, the responsibility of the courts to show proper sensitivity to their role in our system of government. In general advisory opinions are not appropriate. … [24] The Court's prima...