Search Results

1. Borst v ACC [2012] NZACA 3 [pdf, 46 KB]

   ...Cadenhead DCJ at paragraphs [23] – [40], and approved by the Authority in Langhorne v ACC [2010] NZACA 2. See also Judge Cadenhead’s comment in Saipe v ACC (Decision No 21/2008), concerning the relevance of ensuring a proper use of scarce judicial resources. Background to the Section 114 Assessment Appeal [5] On 26 May 1976 the appellant was seriously injured in a motor vehicle accident; he was an earner and for a period he received earnings related compensation (ERC), returnin...

2. WL & BN v SD LCRO 106/2015 (5 July 2016) [pdf, 65 KB]

   ...get involved in”. [40] The description by the Committee of this complaint as part of a ‘tit for tat’ exchange, and its determination that it did not warrant the Committee becoming involved in that exchange, is the appropriate response. The resources of the LCS and this Office are to be used for matters which should help the LCS meet the objectives of the Act and the rules. It was not necessary for Mr WL to suggest possible breaches of the rules in his response to Mr VL’s compla...

3. [2017] EmpC 92 P v A [pdf, 111 KB]

   ...People and Culture Manager for A. She is based in the 1 Employment Court Regulations 2000, r 19(2). New Plymouth branch of the defendant company, but her role is to perform the human resources function for the defendant on a national basis. [6] In C’s affidavit, she sets out the circumstances surrounding the defendant’s delay in filing a statement of defence to the plaintiff’s claim. The plaintiff clearly served t...

4. [2018] NZEmpC 32 Spillman v Tandem Skydiving 2002 Ltd t/a Taupo Tandem [pdf, 232 KB]

   ...Waikato Ltd v Elmsly [2004] 1 ERNZ 172, (2004) 17 PRNZ 16 (CA) at [53]. approach was reiterated by the Court of Appeal in Bluestar Print Group (NZ) Ltd v Mitchell where the Court said:10 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. ... The importance of Calderbank offers is...

5. LD v Review of prosecutorial decision LCRO 15/2015 (15 June 2015) [pdf, 168 KB]

   ...matters to the Tribunal. The Court said that:21 The protection to the practitioner once afforded by the threshold test [in the Law Practitioners Act] is thus now met by other means. The oversight of the LCRO should also assist in protecting the resources of the Tribunal and prevent it from being overwhelmed by petty or trivial cases. 16 Above n 9 at [50]. 17 At [23]. 18 Above n 10, at [31]. 19 Above n 9, at [54](h). 20 At [53]–[54]...

6. HB v JD LCRO 311/2013 (17 December 2014) [pdf, 186 KB]

   ...Tribunal. 20 Above n 17 at [54](h). 10 [51] However, the subject matter of this case is very specific, and one could say, unique. In the Orlov judgement, the Court noted that “[t]he oversight of the LCRO should also assist in protecting the resources of the Tribunal and prevent it from being overwhelmed by petty or trivial cases”.21 Whilst I do not regard this matter as “petty” or “trivial”, I do not regard it such as to require the attention of the Tribunal. It...

7. [2018] NZEnvC 043 Royal Forest and Bird Protection Society v Northland Regional Council [pdf, 5.2 MB]

   ...BETWEEN AND Decision No. [2018] NZEnvC 43 of an application under section 76 of the Biosecurity Act 1993 in relation to the proposed Northland Regional Pest and Marine Pathway Management Plan of a Notice of Motion under section 291 of the Resource Management Act 1991 ROYAL FOREST & BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2017 -AKL-140) Appellant NORTHLAND REGIONAL COUNCIL Respondent Court: Environment Judge JA Smith Environment Commissioner SK Prim...

8. CAC 414 v Goyal [2018] NZREADT 3 [pdf, 191 KB]

   ...interest in the properties from the outset, by lending Mr Grewal money which he knew would be used for buying and developing the properties, being actively involved in planning and development meetings with Mr Grewal, and signing the application for resource consent. The Tribunal found that Mr Goyal’s breaches of the Act and Rules were of obligations that are fundamental to the purposes of the Act, as set out in s 3 of the Act. Those breaches occurred over two interrelated, but...

9. [2017] EmpC 156 Coomer v JA McCallum & Son Ltd [pdf, 309 KB]

   ...should pay costs to the party who succeeds should not apply. That said, it is appropriate that the costs ultimately awarded to the appellants should be reduced in accordance with r 14.7(d) because, although the appellants succeeded, the time and resources necessary for the respondent to meet ultimately unsuccessful arguments significantly increased its costs. 13 At [1]. 14 At [19] and see also Water Guard NZ Ltd v Midgen Enterprises...

10. BORA Social Security (Benefit Categories and Work Focus) Amendment Bill [pdf, 396 KB]

    ...(“the Act”) and forms part of a package of reforms to the benefit system encouraging and supporting beneficiaries to move into paid work. Its objectives include to: · reduce benefit dependency · support an investment approach to focus resources where they will be most effective · support beneficiaries into work, and · introduce social obligations for parents and encourage beneficiaries with warrants to arrest to clear them. 5. Key changes to the social...