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1. [2012] NZEmpC 8 Gazeley v Oceania Group (NZ) Ltd [pdf, 126 KB]

   ...the Authority in its determination - see paragraphs [17] to [27]. I note here, however, one issue raised by Ms Sharma about this part of the Authority’s determination. She submitted that the Authority was wrong to characterise Mrs Gazeley’s response to Oceania’s concerns about her clinical management as “bare denials”. Having regard to the evidence Ms Sharma relied on for that submission, I think there is substance in it, but this does not alter the overall view I have fo...

2. [2012] NZEmpC 94 Gini v Literacy Training Ltd [pdf, 93 KB]

   ...jurisdiction to award costs against non-parties, including the judgment of the Privy Council in Dymocks, the Court of Appeal stated: [15] The core features of the present case are routine. Mr Kidd was the guiding mind of Axiom and in this way was responsible for the litigation strategy it pursued. By the time costs came to be fixed Axiom was insolvent. [16] We think it clear that those factors do not in themselves warrant an award of costs against Mr Kidd personally. Somethi...

3. Regulatory Impact Statement discovery procedure high court and district court rules changes [pdf, 216 KB]

   ...are relevant to a matter in issue in the proceeding to be disclosed. There is discretion for this test to be varied, but this is rarely used. The status quo requires disclosure of all relevant documents, which is a time-tested and thorough response that is well understood by the legal profession. Problem definition Technological advances and resulting new methods of communication have led to an enormous increase in the volume of documents that could be considered relevant...

4. [2009] NZEmpC AC 34A/09 NZ Dairy Workers Union v Open Country Cheese Company Ltd [pdf, 37 KB]

   ...to strike for 8 days, commencing at 6pm on 16 September and ending at 6pm on 24 September. There was no issue between the parties that the strike action taken by the members of the Union at the Cheese Company was lawful. [7] In response to the Union’s strike the Cheese Company issued a lockout notice for a period of 6 weeks commencing from 6pm on 24 September. The relevant part of that lockout notice reads as follows: NATURE OF THE LOCKOUT The nature of the...

5. Environment Court annual report 2008 [pdf, 44 KB]

   ...for ensuring the orderly and expeditious discharge of the business of the Court. The Environment Court Unit falls within the Special Jurisdictions Group of the Ministry of Justice. The Registrar, as National Manager, has reporting and budgetary responsibilities to Stuart White the General Manager of Special Jurisdictions. Regional Managers (and Deputy Registrars) Sandy Butler Auckland Rachell Staunton Wellington Michael Tinkler Christchurch Judic...

6. EBT v Mudaliar [2015] NZIACDT 92 (16 October 2015) [pdf, 200 KB]

   ...identified the deception, the complainant and his wife are in an invidious position. Mr Mudaliar compromised their immigration prospects. [12] A function of the licensing regime is to eradicate behaviour of this kind. Mr Mudaliar’s dishonesty concerns responsibilities at the heart of the professional obligations he accepted when he became a licensed immigration adviser. It is therefore inevitable that the Tribunal must consider removing Mr Mudaliar from the profession. Principles fo...

7. R. Singh v Kumar [2016] NZIACDT 14 (23 March 2016) [pdf, 121 KB]

   ...exercised its inquisitorial functions under section 49 of the Immigration Advisers Licensing Act 2007, by requiring Mr Kumar to appear, and address any opposing evidence and cross-examination from the Registrar and the complainant. The Registrar has responsibility for protecting the public interest in the complaints process, investigating complaints, and ensuring the Tribunal has such information as it should have to make decisions. [29] The Tribunal has unchallenged evidence given on oa...

8. Wairua - Maungaroa No.1 Section 2B Block (2014) 103 Waiariki MB 133 (103 WAR 133) [pdf, 205 KB]

   ...effect to s 328(2) as it unambiguously states that where the land is administered by a trust, then the Court shall not make an occupation order without the consent of the trustees. I note that I have previously considered a similar issue where a responsible trustee refused to consent to an application for an occupation order. 10 The trustee in that case changed their mind regarding supporting the application, once it was known that the applicant never intended to live on the land....

9. Copyright Licensing Limited v Universities of NZ [2014] NZCOP 1 [pdf, 79 KB]

   ...Reference and Statement of Case. The Universities responded with a memorandum on 3 March 2014 addressing matters raised by CLL. On 3 March 2014 the Universities filed a further memorandum on the question of costs – effectively a sur-reply to the CLL response of 13 February 2013. [7] On 3 March 2014 CLL filed and served an Amended Reference, together with a Statement of Case in support of that amended Reference. Costs Applicable Schedule [8] The Tribunal has the power to orde...

10. Krishna Jewellers NZ Limited 20 April 2014 NZSHD 7 [pdf, 50 KB]

    ...Complaint was sent to Krishna Jewellers pursuant to s.29(2). At the same time the company was advised, in terms of s.26(1) of the Act, that it was entitled to request a hearing in person before the Authority, or instead could make written submissions in response to the Complaint. [15] It is noted here that sections 26 and 27 of the Act, although referring specifically to Police ‘Objections’ rather than Police ‘Complaints’, are also applicable to Police ‘Complaints’ by virtue...