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1. [2022] NZEmpC 119 H v Employment Relations Authority [pdf, 175 KB]

   ...and inappropriate but required RPW to incur legal expense to rebut it. [11] H has not replied to RPW’s application for costs or Mr Hood’s submissions. The time allowed for him to respond has passed and enquiries by Registry staff about a response have gone unanswered. [12] There is no reason to delay this decision. An order of costs is appropriate. RPW has succeeded and is entitled to defray the expense it has incurred. I agree with Mr Hood that the appropriate costs categ...

2. Southern Lakes Holdings - T Enright - Statement of Evidence - 28 June 2021 [pdf, 160 KB]

   ...Zealanders, such as a mobile network. PC7 should acknowledge these basic infrastructure issues and accommodate data gaps in its calculations. SLH has agreed to limit its water take on Dunstan Creek as part of a shared community water scheme and that responsible action now also disadvantages SLH under PC7 with the calculation of an Annual Volume Limit. PC7 in its present form of clause 10A.4.4 “Method for Calculating Annual Volume limit” would render this irrigation syste...

3. Taxation (Annual Rates for 2022-23, Platform Economy and Remedial Matter) Bill (No 2) [pdf, 128 KB]

   ...the goods and services tax (GST) regime, KiwiSaver and social policy rules administered by Inland Revenue (IRD). 7. The Bill proposes to implement rules designed by the Organization for Economic Cooperation and Development that were developed in response to the rapid growth of the digital economy. These rules create a reporting framework for activities on digital platforms and in the sharing and gig economy. Consistency of the Bill with the Bill of Rights Act Section 14 – Freedom...

4. DO Ltd v OT Ltd [2022] NZDT 55 (28 April 2022) [pdf, 124 KB]

   ...2012. The landlord’s interest was transferred to OT Ltd which engaged NH Ltd as its agent to manage the commercial building. NH Ltd engaged B to maintain the building access system until 2018 when T Ltd took over maintenance of the security system. Responsibility for performance of the lease agreement, which includes undertaking to maintain the security system, was between the landlord and tenant. In this instance that contractual undertaking is between OT Ltd and the applicant. Any invo...

5. [2022] NZEmpC 193 Bowen v Bank of New Zealand [pdf, 143 KB]

   ...affidavit dated 5 October 2022 is accepted for filing. [15] In order to ensure that Ms Bowen is not unduly prejudiced by the late filing of the affidavit, leave is granted to her to file a further memorandum and, if necessary, affidavit evidence in response to the affidavit filed, noting that this is not an opportunity for Ms Bowen to file substantive evidence on the matters in contention between the parties but is simply an opportunity for her to address the specific evidence r...

6. Deputy-LCRO-position-description-October-2022 [docx, 22 KB]

   POSITION DESCRIPTION Titles: DEPUTY LEGAL COMPLAINTS REVIEW OFFICER (Auckland) Appointed: By the responsible Minister in consultation with the New Zealand Law Society and the New Zealand Society of Conveyancers Term: A term of up to 5 years and may be reappointed Time commitment: Full-time Location & Travel The preference is for the appointee to be based in Auckland location elsewhere may be considered. It is expected that cases will be heard at the location of the comp...

7. Application pack Tenancy Adjudicator [doc, 75 KB]

   ...expeditiously and in accordance with the provisions of the Residential Tenancies Act 1986 and Unit Titles Act 2010, all disputes that are referred to the Tenancy Tribunal. Usually, parties present their own cases and hearings are held in local District Courts. Responsible to: · Principal Tenancy Adjudicator Principal working relationships: (Excluding direct reporting relationship) · Court Manager and Service Manager local District Court/s. · Tenancy Clerk, local District Court/s. · Regio...

8. B Ltd v IC [2018] NZDT 1540 (20 August 2018) [pdf, 88 KB]

   ...avoid the danger as may reasonably be expected. Was the collision caused by IC failing to take sufficient care? [5] B, (which was uninsured), was strongly of the view that as it was IC who had collided with the rear of its car, he should be held responsible for the loss suffered by it. From the evidence presented at the hearing (which included CCTV footage from a private property near where the collision had occurred), it was clear that there was a vehicle travelling towards IC which...

9. MOJ0607_Stopping-a-child-being-taken-overseas_MAR23-WEB.pdf [pdf, 414 KB]

   ...may be helpful to talk to a lawyer to understand your rights if you’re worried about a child being taken overseas. If you’re not sure where to start, visit your local Community Law Centre or communitylaw.org.nz A guardian is an adult who is responsible for the upbringing and care of a child. http://communitylaw.org.nz What the Family Court can do If a child has already been taken overseas You should act quickly if you’re worried about a child who has been taken (or kept)...

10. [2024] NZEmpC 14 Pretorius v Board of Trustees of Taupo Intermediate School [pdf, 193 KB]

    ...they fall. This is a proceeding where the plaintiff’s focus on the substantive issue of whether the plaintiff raised her grievance within 90 days and on the nature of that grievance,8 was often diverted to a broader concern with the regulatory response to Covid, which was not helpful to determining the particular applications before the Court. [7] However, while the defendant is entitled to costs, some reductions need to be made its calculations. I do not accept that costs are...