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1. OIA-120181.pdf [pdf, 843 KB]

   ...availability of judges and prosecutors at Westport District Court. Under section 24 of the District Court Act 2016, the Chief District Court Judge is responsible for the efficient running of the courts business, including the rostering of judicial resource. Judicial functions are not subject to the Act under section 2(6)(a). The Ministry is also unable to comment on the availability of prosecutors in the Court as this is a matter for the relevant prosecuting agencies. In response to par...

2. [2024] NZEmpC 220 Very Nice Productions Limited v Ormond [pdf, 200 KB]

   ...http://www.employmentcourt.govt.nz/ [9] The Company has accepted that it is impecunious and that if an order for security for costs is granted, it will not be able to pay. It says that even a small amount of less than $5,000 is beyond its resources. The Company submits that despite its impecuniosity, it is not just for the Court to decide to make an order for security for costs. It submits that its challenge has merit and that the Authority investigation was deeply flawed....

3. Harawira v New Zealand Management Academies Limited & McAuley (Strike Out) [2024] NZHRRT 59 [pdf, 249 KB]

   ...proceeding may be an abuse of process either through a deliberate failure to comply with Tribunal directions4 or through abusive behaviour which it is not tenable to allow to continue having regard to the proper use of the Tribunal’s time and resources and in order to ensure respect for the Tribunal.5 A defendant is not required to show prejudice from the plaintiff’s actions where an abuse of process is engaged in these circumstances.6 [14] Where there have been repeated fail...

4. Wild v Ministry for Primary Industries (Strike Out) [2024] NZHRRT 69 [pdf, 252 KB]

   ...high threshold that must be crossed before an abuse of process may be found.11 [16] An abuse of process may also arise through abusive behaviour by a party which has become untenable, having regard to the proper use of the Tribunal’s time and resources and to ensure respect for the Tribunal.12 The right to access to justice requires that the Tribunal not lightly exercise its strike out powers in these circumstances.13 A defendant is not required to show prejudice from the plain...

5. [2023] NZEmpC 190 (Judgment of Judge M S King 6 November 2023) [pdf, 195 KB]

   ...warehouse in Hamilton. In that capacity he: (a) had physical access and control over stock located in SFL’s Hamilton Branch; (b) gave directions to drivers who deliver stock to customers; and (c) had access to SFL’s SAGE Enterprise Resource Planning (ERP) software system. [5] On 16 March 2021, Mr Liu filed documents to incorporate G&C Trading Ltd (G&C Trading). Following its incorporation, Mr Liu has changed the shareholding of this company (to remove, add a...

6. 2013 archive

   ...and Upper Hutt based providers’ preferred Courts on the criminal case assignments lists to Palmerston North and Hutt Courts respectively. Back to top Protection of Personal and Property Rights Act 1988   Who is the legal aid applicant? Whose resources should be used? Who should sign the application? No existing PPPR Act orders or Enduring Power of Attorney (EPOA) Person of full age and mental capacity legal aid applicant Legal aid applicant Legal aid applicant Where there is an ex...

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7. [2025] NZEmpC185 Lanigan v Fonterra Brands (NZ) Ltd [pdf, 201 KB]

   ...there has been no satisfactory answer from the union. It further relied on reg 52(1) and directions issued by Judge King in a minute dated 17 December 2024. [13] The application was supported by an affidavit from Fonterra’s Senior Human Resources Business Partner. [14] While E tū did not object to the notice it opposed Fonterra’s application. The union gave four grounds to resist the orders being sought. The first ground was a description of what the union considered c...

8. The Judges

   ...for two law firms in Ōtautahi | Christchurch before joining a firm that eventually became Buddle Findlay, joining the partnership in 1991. He remained in that partnership from 1991 until December 2015. His specialist areas of practice were employment, resource management, civil litigation, and health and safety. Tōna Hōnore Kaiwhakawā K G Smith I kopoua a Kaiwhakawā Kerry Smith hei Kaiwhakawā o Te Kōti Take Mahi o Aotearoa i te tau 2016. I whakapōtaetia ia ki te tohu LLB i Te Whare Wān...

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9. Collie v Accident Compensation Corporation (Leave to appeal to the High Court) [2025] NZACC 14 (16 September 2025) [pdf, 206 KB]

   ...construed or interpreted and applied to the facts is a question of law … . [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 … . [17] In Gilmore,3 Dunningham J stated: [55] I accept that, for the purposes of leave,...

10. [2025] NZSSAA 02 (22 January 2025) [pdf, 249 KB]

    ...particular immediate need. In determining if a particular need exists regard must be had to the effect (including the timing of the effect) on the beneficiary if the need is not met and the beneficiary’s ability to meet the need from their own resources.5 8. A beneficiary is generally expected to be able to meet a Particular Immediate Need if they have cash assets or income over certain thresholds. XXXX did not receive income over the threshold. At the relevant time the spec...