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1. Director of Proceedings v Counties Manukau District Health Board [2020] NZHRRT 4 [pdf, 578 KB]

   ...CMDHB impacting on patients receiving their follow-up appointments around this time, included: • The incidence of chronic disease associated with the ageing population which had placed, and continues to place, significant demands on ophthalmology resources, with referrals to the service increasing year on year. • In 2009, the service moved into a new purpose-built facility, which soon reached maximum capacity. • In 2013, planning commenced to expand the facility further with a...

2. [2018] NZSSAA 19 (7 May 2018) [pdf, 250 KB]

   ...of temporary additional support is to provide temporary financial assistance within the prescribed limits as a last resort to alleviate the financial hardship of people whose essential costs cannot be met from their chargeable income and other resources, while ensuring that people seeking or granted that assistance take reasonable steps to reduce their costs or increase their chargeable incomes. 69C Disability allowance … (2A) A disability allowance is not payable to or on acc...

3. Witana v Cutforth - Kohewhata 27C2A (2021) 238 Taitokerau MB 150 (238 TTK 150) [pdf, 285 KB]

   ...this, Ms Witana contends that: (a) ORT was used as a vehicle to apply for funding to benefit other land-owners; 7 Wellington International Airport Ltd v Air New Zealand Ltd HC Wellington CIV-2007-485-1756, 30 July 2008 and Cayne v Global Natural Resources Plc [1984] 1 All ER 225 (CA). 238 Taitokerau MB 159 (b) The project cherrypicked the group of land-owners; (c) There was no open and transparent process; (d) The other trustees were aware of Dr Robust’s conflict and per...

4. [2023] NZEmpC 69 Halse v Employment Relations Authority [pdf, 292 KB]

   ...submissions hearing; rather it is a matter for the discretion of the Court after considering the reasons given for seeking a transcript.40 [63] In the present circumstances, the hearings have been transcribed so there is no issue of using Court resources to produce the transcript for the parties. 39 Senior Courts (Access to Court Documents) Rules 2017, rr 4 and 8. 40 Te Whatu Ora - Health New Zealand v CultureSafe New Zealand Ltd (in liq) [2022] NZEmpC 230 at [15]....

5. OIA 98726 [pdf, 1.9 MB]

   ...privacy of natural persons. I can advise that the Ministry of Justice has not completed the process of prioritising the countries to be assessed by the OPC but will do so as soon as is practicable. This is due to competing demands and allocation of resources to other necessary work. I am therefore refusing the second part of your request seeking any opinions provided by the Privacy Commissioner under section 18(e) of the Act as the information requested does not exist. You have the righ...

6. [2021] NZACC 104 - A v ACC (16 July 2021) [pdf, 309 KB]

   ...Zealand. With the agreement and approval of the Clinical Psychologist who had been treating “A” in New Zealand, a referral was made to Dr Gordon Barclay who is a psychiatrist based in Glasgow in Scotland. Dr Barclay specialises in Comprehensive Resource Model (“CRM”) therapy. “A” consulted with Dr Barclay over teleport (an online audio-visual link) on four occasions in late November and December 2019. Because this therapy seemed to be working, “A”, his wife...

7. [2022] NZREADT 22 — QQ v REAA (CAC 1902) & NQ (25 October 2022) [pdf, 171 KB]

   ...[50] The third aspect raised is that the process undertaken by the appellant is one of three employed by him to make claims before bodies which generally will not visit costs consequences on unsuccessful claimants. He has utilised the Tribunal’s resources cynically rather than genuinely. He expects that his claims, although false and unreasonable, will not cost him anything while causing significant distress and cost to the licensee. [51] In November 2018, the appellant brough...

8. LCRO 145/2021 AZ v BY (28 October 2022) [pdf, 205 KB]

   ...complaint is that Mr BY terminated the retainer as the deadline for briefs of evidence approached. This was an inopportune time for Mr BY to express a wish to cease acting. The new lawyers instructed by Mr AZ were required to devote considerable resources to acquaint themselves with the proceedings. [66] Mr BY’s reason for terminating the retainer was that he considered Mr AZ had lost confidence in the advice being provided by himself and Mr DW. Mr AZ instructed Mr BY to fol...

9. Witana v Cutforth - Kohewhata 27C2A [2022] Māori Appellate Court 405 (2022 APPEAL 405) [pdf, 266 KB]

   ...Accordingly, while the respondents submit that they did not take any steps other than those required of them for this appeal, they also failed to take steps that would have reduced the length of these proceedings and accordingly the time and resources spent on them. Kōrerorero mō ngā utu roia Discussion on costs [13] The Court has an unlimited discretion as to costs. It has been noted that costs normally follow the event. [14] Rule 8.23 of the Māori Land Court Rules 20...

10. Curgenven v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 26 [pdf, 286 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. The District Court judgment [48] His Honour considered the evidence and the relevant law a...