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1. Waitangi Tribunal - Wai 2200 A128 Scoping report [pdf, 3.3 MB]

   ................................................................................ 20 KEY SOURCES ........................................................................................................................ 20 BACKGROUND TO REPORT TWO: CROWN ACTION AND MĀORI RESPONSE, LAND AND POLITICS, 1840 – 1900 .................................................................................................... 22 KEY GRIEVANCES TO BE TESTED ..................................................

2. [2007] NZEmpC AC 39/07 Toll NZ Consolidated Ltd v Rowe [pdf, 22 KB]

   ...confirms that the defendant’s evidence to the Authority indicated that his financial position is precarious, that he is likely to disburse the judgment sum if it is paid to him and it is unlikely that he will be able to pay it back. [4] In response the defendant says that he is in a grave and impecunious financial position and that this situation was brought about by the actions of Toll in terminating his employment. He has subsequently been unable to secure paid em...

3. [2011] NZEmpC 72 Jansen Limited v Tree costs [pdf, 60 KB]

   ...with relevant invoices. The claim for actual costs up to the filing of the discontinuance, including costs incurred in drafting the memorandum for costs, totalled $3,933.68. [9] Mr Swan, counsel for the plaintiff, submitted in his memorandum in response that the costs incurred were excessive and that, in any event, it was not an appropriate case for an award of indemnity costs. He submitted that an appropriate award would be something “just over $1,600.” [10] I agree with...

4. BORA 2001 Land Transport Street and Illegal Drag Racing Amendment Bill [pdf, 92 KB]

   ...for seizure and impoundment of a vehicle for 28 days where a person is driving while disqualified or without a licence. Clearly, in that situation it is not possible to suspend or revoke the person’s licence so the seizure can be seen as a rational response to the need to provide an effective deterrent. I also consider that the appeal rights attached to the seizure power are problematic in a way that compounds the “unreasonableness”. In particular, I note an owner may appeal the seizur...

5. [2006] NZEmpC CC 14/06 Keys v Flighty Centre (NZ) Ltd [pdf, 23 KB]

   ...first defendant to file and serve its statement of defence 30 days after the full Court’s decision in that case In the event, the Axiom Rolle decision determined that the Authority did not have the power to issue Anton Piller orders. [9] In response to the first defendant’s memoranda, counsel for the plaintiff accepted that a reasonable contribution towards costs is usually approximately 66 percent, but submitted that if there was to be an award of costs at all it should be...

6. [2012] NZEmpC 194 Strachan v Moodie & Ors [pdf, 60 KB]

   ...extended hearing time was taken up by Mr Moodie’s extensive cross-examination of witnesses, much of which was repetitive and of limited value to the issues that had to be decided. Some of it was, unfortunately I have to say, also nit-picking. In response to this Mr Moodie was warned on a number of occasions that this might sound in costs. [11] These factors would all indicate a significant uplift from the starting point of two-thirds of actual and reasonable costs. [12] I...

7. [2013] NZEmpC 45 Alim v LSG Sky Chefs NZ Ltd [pdf, 71 KB]

   ...2 [2001] ERNZ 305 (CA). 3 [2002] 1 ERNZ 438 (CA). 4 [2004] 1 ERNZ 172 (CA). 5 [2012] NZEmpC 98. 6 At [11]. was not challenged and the plaintiff indicated that a notice of discontinuance would be filed. [9] In response Mr Drake, counsel for the plaintiff submitted that the defendant should not be awarded any costs. He submitted that costs are discretionary and not a punishment to be imposed on a losing party, but were compensatory. He relied on Ne...

8. Allen v Smith [2015] NZIACDT 5 (03 February 2015) [pdf, 74 KB]

   ...description of the immigration services he was to provide in the agreement. [6.2] The invoice also lacked details of the services to which the fee related. [6.3] Mr Smith accordingly breached clauses 1.5(b) and 8(e) in those respects. 3 The responses [7] Mr Smith sought and was granted a series of adjournments to give him time to respond to the Statement of Complaint. The adjournments were granted on the basis the other parties did not object. After the fourth applicati...

9. Tangitau v Hakaoro [2015] NZIACDT 52 (14 May 2015) [pdf, 165 KB]

   ...then: [2.1] Failed to report to his client when he lodged the agreement, [2.2] Failed to deal with Immigration New Zealand’s proper inquiries, [2.3] Failed to tell his client Immigration New Zealand declined her application, due to the lack of response to the inquiries, [2.4] He then lodged an appeal without instructions, and [2.5] Failed to report to his client when this Tribunal cancelled his licence. [3] The Tribunal upheld the complaint. Mr Hakaoro: [3.1] Breached clauses...

10. Kaka v Ruapehu District Council - Ohura South No 2E1B Block (2015) 337 Aotea MB 143 (337 AOT 143) [pdf, 122 KB]

    ...are for the parties to consider in due course. [14] It is also evident that Mr Kaka has a strong connection with this land and to that extent it is a practical solution that he has proposed that he be granted the lease of the block and take on responsibility for payment of rates. [15] To ensure that this issue is resolved effectively I intend to maintain the charging order as sought by RDC and appoint an agent independent of the parties to formalise a lease with Mr Kaka so that th...