Search Results

1. [2007] NZEmpC CC 23/07 Coy v Commissioner of Police [pdf, 46 KB]

   ...not be permitted to now have them struck out. I find against that argument for the following reasons. [17] The Commissioner’s first response to Ms Coy’s personal grievances was a letter to her from Inspector Gary Lennan, Canterbury Human Resources Manager, dated 1 April 2003. This responded to Ms Coy’s memorandum of 20 March to Inspector Gaskin. This letter stated that the Commissioner had no record of formal notification of a personal grievance of 10 December 2002 althoug...

2. [2011] NZEmpC 111 Gaut v BP Oil NZ Ltd costs [pdf, 108 KB]

   ...reference to the following passage from the Bluestar judgment, which she submitted emphasised the significance of Calderbank offers: 8 8 At [20]. It has been repeatedly emphasised that the scarce resources of the Courts should not be burdened by litigants who choose to reject reasonable settlement offers, proceed with litigation and then fail to achieve any more than was previously offered. Where defendants have acted reasona...

3. [2012] NZEmpC 35 NZ School of Education Ltd v Nafissi [pdf, 115 KB]

   ...of the employment relationship and because employees may in certain cases be motivated in part by the desire for vindication. As this Court has previously said a “steely” approach is required. It has been repeatedly emphasised the scarce resources of the Courts should not be burdened by litigants who choose to reject reasonable settlement offers, proceed with litigation and then fail to achieve any more than was previously offered. Where defendants have acted reasonably in su...

4. [2015] NZEmpC 177 Southall v Tuau [pdf, 118 KB]

   ...employment relationship and because employees may in certain cases be motivated in part by the desire for vindication. As this Court has previously said a “steely” approach is required. It has been repeatedly emphasised that the scarce resources of the Courts should not be burdened by litigants who choose to reject reasonable settlement offers, proceed with litigation and then fail to achieve any more than was previously offered. Where defendants have acted reasonably in su...

5. Whooley - Ngaiotonga 1B1 and 2B1 and Lots 1-2, and 3 DP383105 (2015) 99 Taitokerau MB 138 (99 TTK 138) [pdf, 157 KB]

   ...CFR 331891 and added to CIR 347192. There will be consequential change of status orders as part of the exchange. Further, pursuant to s 73 of the Act the orders will be conditional upon: (a) Mr Whooley: (i) Obtaining at his cost any necessary resource consents for the exchange of land and ancillary works; (ii) Meeting the cost of clearing and fencing the boundary of Lot 3 (including two gateways); (iii) Meeting the cost of clearing and fencing the boundary between the Gener...

6. The Trustees of Lake Horowhenua Trust - Horowhenua Block 11 (2012) 285 Aotea MB 135 (285 AOT 135) [pdf, 162 KB]

   ...context of elections, the Court of Appeal has made it perfectly plain that meeting procedures must be designed as to ensure the widest possible beneficiary participation. While in former times Māori communities lived in and around their lands and resources, the last century has seen a dramatic change in the Māori demographic. One need only look at the levels of participation in most trusts and incorporations with large numbers of shareholders to see that it is often 10% or less wh...

7. [2014] NZEmpC 108 Hamon v Coromandel Independent Living Trust [pdf, 81 KB]

   ...defendant and its Chief Executive Officer. [11] In the judgment dealing with the issues of stay and security for costs in this matter, Chief Judge Colgan stated: 12 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 use of...

8. [2015] NZSSAA 025, 20 April [pdf, 46 KB]

   ...being granted; (d) Special Benefit should only be considered in respect of costs that are essential and not reasonably avoidable; and 6 (e) having regard to the ability of the applicant to meet the deficiency from the applicant’s own resources. [31] In addition, the decision-maker is required to have regard to the matters contained in Clause 3.3(a) to (h) of the Direction. These include whether or not the applicant has any special or unusual financial expenditure, wh...

9. Auckland Standards Committee v Hylan [2014] NZLCDT 31 [pdf, 95 KB]

   ...Mr Morris conceded that the practitioner’s field of practice was in an area of law requiring strong advocacy for vulnerable clients and that there were a limited number of lawyers working in this area. He accepted that diminishing those legal resources for the public was clearly a factor for the Tribunal to consider. He also accepted the glowing references provided by the practitioner, particularly from one senior counsel. [14] In distinguishing the decision of Sorensen4 which h...

10. [2014] NZEmpC 16 Gapuzan v Pratt Whitney Air New Zealand Services second interlocutory [pdf, 49 KB]

    ...action was required. [12] On 9 January 2012, ACC declined the plaintiff’s claim and the plaintiff became aware that the defendant had not returned the employer questionnaire to ACC. He contacted the mediator who contacted the defendant’s Human Resources Manager on 10 January 2012. She arranged for the questionnaire to be sent to ACC that day. ACC then reviewed the plaintiff’s claim in light of the answers given in the questionnaire and confirmed its decision to decline the claim....