Search Results

1. [2013] NZEmpC 134 Hallwright v Forsyth Barr ltd [pdf, 66 KB]

   ...and the costs associated with his relocation to take up his position, his salary package, his age and anticipated ability to find alternative employment, and the value of shares held in the defendant company). [4] Exhibit B is the defendant’s response to the plaintiff’s letter of 26 July 2013. [5] The plaintiff submits that Part 1 of Exhibit A is open correspondence and was written by him on that basis. It is submitted that as he is the author he can invoke (or not) any privil...

2. LCRO 263/2015 DH v EI costs [pdf, 94 KB]

   ...of the Committee finding of unsatisfactory conduct “turned on a difference of opinion” between myself and the Committee as to “where the line was to be drawn” between “reasonable reliance on advice, excusing the lawyer of professional responsibility, and the underlying principle that individual lawyers are responsible for their own actions”. [15] In this regard, Mr GK is referring to the fact that in reaching the decision to reverse the finding of unsatisfactory conduct...

3. BORA Electoral Amendment Bill [pdf, 288 KB]

   ...or disclose certain electoral information, limiting the right to presumption of innocence affirmed by s 25(c) of the Act. However, we conclude that these limitations are justifiable on the basis that they apply to individuals who choose to accept responsibilities under the Electoral Act 1993 and, further, relate to offences and defences peculiarly within the knowledge of a defendant. For that reason, these provisions are justifiable under s 5. Analysis Outline of the Bill and issues...

4. [2016] NZSSAA 034 (28 April 2016) [pdf, 34 KB]

   ...such a letter with the written decision of the Benefits Review Committee despite a request for this”. [5] On 23 February 2015 the appellant’s advocate was asked for an explanation as to why the time for filing the appeal should be extended. No response was received to this communication or further communications from the appellant until 1 September 2015, when the appellant’s advocate simply repeated that neither he nor 2 the appellant had received the Benefits Review C...

5. DT processes using vehicle accident example [pdf, 26 KB]

   ...numbers and addresses. We were both uninsured. The police came and gave Tom a ticket for going through a ‘Give Way’ sign. I phoned Tom on 3 occasions in an effort to resolve how the $3000 damage to my car would be paid for. However, Tom was not responsive and is now claiming that I was speeding. When the referee asks to hear our witnesses, I will call my passenger Marie. Marie will testify that the road conditions were good, I was travelling within the speed limit and Tom simply...

6. AK v ZP LCRO 104 / 2010 (10 February 2011) [pdf, 60 KB]

   ...is the person who can primarily assess the usefulness or otherwise of any witness. 4 [24] In addition, the way in which a witness is briefed, is a matter that should be left to the Practitioner. The Practitioner is the person who has the responsibility of putting the evidence before the Court and he or she needs to be sure that such evidence is going to advance the client’s case. The Practitioner therefore needs to be sure as to the reliability of the witness. [25] The cr...

7. Auckland District Law Society v Garnett [2009] NZLCDT 15 [pdf, 78 KB]

   ...proceedings further, and on the last working day prior to the hearing sought an adjournment. The reason for refusal was recorded in our earlier decision. We directed that time that Ms Garnett was to have until 12 October 2009 to file submissions in response to the cost schedules provided by the Society and that her submissions were to be accompanied by a Declaration of her Financial Means and their Sources. [20] On 16 November no submissions were received but an affidavit from...

8. 2021-04-18 ORC- MOC - response to TAs' supp request [pdf, 122 KB]

   ...to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA BETWEEN OTAGO REGIONAL COUNCIL Applicant MEMORANDUM OF COUNSEL ON BEHALF OF OTAGO REGOINAL COUNCIL IN RESPONSE TO DIRECTIONS SOUGHT BY THE TERRITORIAL AUTHORITIES FOR FILING SUPPLEMENTARY EVIDENCE 29 April 2021 Judicial Officer: Judge Borthwick Applicant's Solicitor PO Box 4341 CHRISTCHURCH 8140 DX WX11179 Tel +64 3 37...

9. Handy v New Zealand Fire Service Commission (Strike-Out Application No. 2) [2019] NZHRRT 19 [pdf, 90 KB]

   ...Tribunal. [3] There were lengthy delays in determining the strike out application. Despite being given repeated extensions, no submissions or affidavits in opposition were ever filed by Mr Handy who, after repeatedly seeking extensions of time in response to the arrival of deadlines, eventually made an application to adjourn the application sine die. Despite making applications for adjournments on medical grounds, Mr Handy failed to ever provide a medical report setting out the reaso...

10. [2019] NZEmpC 71 McNabb v Silver Fern Farms Ltd [pdf, 211 KB]

    ...her previous employment with Silver Fern Farms. In those circumstances, if Ms McNabb’s disclosure of documents continues to be deficient, it would be disproportionate to bar her from taking further part in the proceedings. The proportionate response would be an order striking out her claim for reinstatement. [12] Further, it is difficult to specify clearly what is to be done, given the inherent debatability as to whether documents fall within the class of documents that are...