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1. [2024] NZEmpC 25 Roberts v The Chief Executive of the Department of Corrections [pdf, 280 KB]

   ...a matter that deprives a court of jurisdiction”, so the Court can exercise a discretion to hear such proceedings.7 However, they ought to be struck out as an abuse of process where “the decision will have no utility”, otherwise “Court resources are wasted”.8 [15] Finally, s 317 of the AC Act states: 317 Proceedings for personal injury (1) No person may bring proceedings independently of this Act, whether under any rule of law or any enactment, in any court in New Zealan...

2. Waikato Bay of Plenty Standards Committee 1 v Dhillon [2023] NZLCDT 5 (21 March 2023) [pdf, 123 KB]

   ...extensive search by him and his practice manager. In this respect we prefer the evidence of Mr X who has sworn an affidavit and fully assisted the Complaints Service in attempting to locate the client documents. [28] Mr X has also, from his own resources, fully reimbursed all the clients affected by Ms Dhillon’s actions. [29] In her correspondence with the Standards Committee, Ms Dhillon apologises to the clients and acknowledges some of her shortcomings. However, we consi...

3. [2023] NZEmpC 95 VMR v Aviation Security Service Division of Civil Aviation Authority [pdf, 257 KB]

   ...v OO;8 (e) each AVO faced difficult ongoing financial circumstances for a range of reasons; (f) also relevant was the AVOs’ willingness to attend mediation on more than one occasion in an attempt to resolve the issues; and (g) the limited resources the AVOs held had been affected by the multiple applications made in this jurisdiction, and for the purposes of an important judicial review application in the High Court. [23] Whilst these considerations are indeed entitled to weig...

4. Brown v New Zealand Post Ltd (Strike Out) [2024] NZHRRT 21 [pdf, 207 KB]

   ...order. Mr Brown could have amended his claim to cure the deficiencies in the claim and avoid it being struck out, but he chose not to. [48] NZ Post should not be put to any further cost of defending this matter, nor should any further Tribunal resources be expended on this matter. [49] In light of those factors, the Tribunal considers it wholly appropriate to exercise its discretion to strike out the claim. COSTS [50] NZ Post have been successful in their application to st...

5. OIA-109319.pdf [pdf, 1.9 MB]

   ...restraints w ithout asking unreasonable things of our people. ESP and SMT will be working closely to identify ways to work more effici,ently. This may include identifying similar pieces of work that can be com bined or pausing/stopping work where resources could be better utilised elsewhere. The programme will ask SMT members to look through their budgets and confrrm that eve rything they are doing is essential. Working through suggestions from our people. The ESP has been reviewin...

6. Lawson v Intended Defendant (Extension of Time to Commence Proceedings) [2023] NZHRRT 20 [pdf, 198 KB]

   ...Lawson seeking to commence this proceeding. [28] The Submissions allege that a lawyer did not file Miss Lawson’s claim or follow up complaints in 2010 with the Privacy Commissioner so that she had to “re-do claims and complaints (causing a lack of resource of documents to file). After this, the legislation changed (previously no six-month deadline to submit COI to HRRT)”. There are no details in relation to the allegation that a lawyer did not file the claim or follow up complaint...

7. [2024] NZEmpC 69 Magnum Hire Ltd v Parker [pdf, 224 KB]

   ...balance of convenience. 10 Employment Relations Act, s 180. 11 Duncan v Osborne Building Ltd (1992) 6 PRNZ 85 (CA) at 87. 12 Employment Court Regulations 2000, reg 64. 13 Grove v Archibald [1998] 2 ERNZ 125 (EmpC) at 128–129; and Bathurst Resources Ltd v L&M Coal Holdings Ltd [2020] NZCA 186, (2020) 25 PRNZ 341 at [19]. 14 Assured Financial Peace Ltd v Pais [2010] NZEmpC 50 at [5]; and Dymocks Franchise Systems (NSW) Pty Ltd v Bilgola Enterprises Ltd (1999) 13 PRNZ 48...

8. Auckland Standards Committee 3 v Mr G [2024] NZLCDT 16 (31 May 2024) [pdf, 164 KB]

   ...in 2021 and his law professionals in January 2022. He does not come from a privileged background and was the first in his family to have achieved such a high educational level. We mention this only to note that Mr G is unlikely to have had the resources or mentors to call upon, which might be available to other young lawyers in the early stages of their careers. [4] He began his first law job at the beginning of April 2022 and the events, the subject of this charge, took place in...

9. BB v NC [2024] NZDT 127 (16 April 2024) [pdf, 204 KB]

   ...comply with them. The written response from the [council] that was provided to me on the point was vague, and the writer was mistaken about when the work had been carried out. Thus, I do not think the evidence shows that NC was obliged to obtain any resource or building consent for KC’s work or that any such consent was not complied with. The evidence did not establish what consents might have been required for work of the kind in question some ten years ago. Did NC make any misrepre...

10. Bowdler - Waikawa Village Section 26A (2024) 85 Te Waipounamu MB 32 (85 TWP 32) [pdf, 339 KB]

    ...is seeking a hapū partition, which differs from other partitions, in that the apportioned land will be held by members of the same hapū. Under s 301 of the Act, a hapū partition can be granted without obtaining a subdivision consent under the Resource Management Act 1991 from the relevant territorial authority. Therefore, under section 304 of the Act, the Court will impose certain restrictions on any future alienation (sale) of the partitioned land to persons who are not members of...