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1. [2009] NZEmpC WC 11/09 Snowdon v Radio New Zealand Ltd [pdf, 39 KB]

   ...recusal application was a misconceived and unreasonable attempt to remove a Judge from a case because the plaintiff disagreed with the Judge’s decisions. I am also satisfied that the defendant was obliged to commit significant legal and other resources to defending it. Decision [42] There are no circumstances in this case to displace the presumption that costs must be paid on the discontinuance of a proceeding. [43] I do not accept the plaintiff’s submission that an award o...

2. [2010] NZEmpC 20 Hamon v Coromandel Independent Living Trust [pdf, 37 KB]

   ...previously. This will ensure that the defendant does not incur further costs which may be wasted costs without a tangible sign of good faith on the plaintiff’s part. [25] A proper sense of proportionality must now apply to this case. Substantial resources have already been expended by the parties, by the mediation service, by the Employment Relations Authority and, even initially, by this Court in what can only be described as an apparent war between the parties in which the us...

3. [2012] NZEmpC 128 Mana Coach Services Ltd v New Zealand Tramways & Public Passenger Transport Employees Union Inc [pdf, 88 KB]

   ...counsel, allocated a hearing of these before the Court on Thursday 30 August 2012. [26] It was not until 30 May 2012 that the application for rehearing was filed by the plaintiff. This was accompanied by a brief affidavit by the plaintiff’s human resources manager. This set out his understanding of the issues remitted to the Court and identified another issue that the deponent said had not been decided in the Court’s judgment 3 of 26 September 2008. The manager, Marau Russel...

4. [2012] NZEmpC 24 Butterworth v TBA Communications Ltd [pdf, 148 KB]

   ...plaintiff, as detailed in the evidence before the Court, I would not have been minded to sanction a time payment scheme even if I had been satisfied that there was the power to do so. That is because I am satisfied that she has sufficient financial resources to meet the debt owing by her by way of lump sum. Costs [27] The defendant seeks indemnity costs both in relation to the compliance order application and in respect of proceedings in this Court. The Authority awarded cos...

5. Hill v Smith - Motatau 2 Section 21B1B1 and Motatau 2 Section 21B1B2 (2015) 99 Taitokerau MB 98 (99 TTK 98) [pdf, 181 KB]

   ...13 10 Registrar Tokerau MB 13 (10 RGTO 13). 14 Wellington International Airport Ltd v Air New Zealand Ltd HC Wellington CIV-2007-485-1756, 30 July 2008 at [4]. 15 Cayne v Global Natural Resources plc [1984] 1 All ER 225. http://www.brookersonline.co.nz/databases/modus/lawpart/statutes/link?id=CASE%7eNZ%7eNAT%7eHC%7e2008%7e56884&si=57359&sid=b0dbl5pclgk5qvn1kwrxn7cxaew31k2b&hli=1&sp=bcase 99 Taitokerau MB 105

6. Takimoana v The Trustees of the Te Tii Waitangi B3 Ahu Whenua Trust (2015) 104 Taitokerau MB 139 (104 TTK 139) [pdf, 181 KB]

   ...balance of convenience is in favour of the applicants. 13 Wellington International Airport Ltd v Air New Zealand Ltd HC Wellington CIV-2007-485-1756, 30 July 2008. 14 Cayne v Global Natural Resources plc [1984] 1 All ER 225. 15 Wellington International Airport Ltd v Air New Zealand Ltd HC Wellington CIV-2007-485-1756, 30 July 2008. http://www.brookersonline.co.nz/databases/modus/lawpart/statutes/link?id=CASE%7eNZ%7eNAT%7e...

7. ENVC Hearing 6Oct14 DM expert Hans-Dieter Bader appendix [pdf, 1.1 MB]

   ...Monin, P., 2012, Matiatia: Gateway to Waiheke, Bridget Williams Books. New Zealand Archaeological Association Site Record Scheme, accessed 05/2012. 13 Archaeology Solutions NZ Historic Places Trust (NZHPT). 2004. Heritage Management Guidelines for Resource Management Practitioners. http://www.historic.org.nz/publications/HM_guidelines.html NZ Historic Places Trust (NZHPT). 2006. Archaeological Guidelines Series No.2: Guidelines for Writing Archaeological Assessments. http://www.h...

8. [2015] NZSSAA 015, 31 March [pdf, 46 KB]

   ...immediate need for an essential item or service. This includes the effect on the beneficiary or the beneficiary’s child if the need is not met, when that effect is likely to have an impact, and the beneficiary’s ability to meet the need from her own resources. 1 Te Aonui v Chief Executive of the Department of Work and Income HC Wellington CIV-2004-485-1982, 11 August 2005. 4 [20] The appellant’s position was that to undertak...

9. Davis & Ors v CAC 20004 & Anor [2013] NZREADT 102 [pdf, 101 KB]

   ...decision and in the preceding paragraph. An expert Mr Kirkpatrick (a lawyer) was also called. He said that he could find no evidence on the Council file that the ‘limited occupation right’ had in fact been imposed by the Council as part of its resource consent and that it was almost impossible to find any reference to it on the Council file, including the LIM. He concluded that there was no lawful restriction which could impose a limitation on Ms Liu’s right to occupy the apartme...

10. Fenwick - Whakapoungakau 24 Block (2013) 82 Waiariki MB 202 (82 WAR 202) [pdf, 137 KB]

    ...to make the Appeal and as such is flagging the requirement for funding. 8. The amount has not been made clear as yet but a figure of $25,000 has been suggested. 82 Waiariki MB 203 9. At this stage the Trust has no other financial resources that it can call upon. 10. I draw your attention to the attached documents titled “Conflict of Interest” whereby on the 17 th July 2010 an Application was made to the Court for a variation of Trust in respect to addressing...