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1. 2012 Ministry of Justice annual report [pdf, 2.3 MB]

   ...improvements for our customers. The year’s obvious achievements were in three broad areas: progressing policy work to implement Government priorities around public safety and improving the justice system; settling historic Treaty of Waitangi claims; and running effective court and justice services. The highlights in these areas are impressive. The Bail Amendment Bill, Victims of Crime Reform Bill and Juries Amendment Bill were all introduced to Parliament, and policy and legisl...

2. Nicholson v Pene - Tauakira No. 2M No.4 (2023) 477 Aotea MB 140 (477 AOT 140) [pdf, 442 KB]

   ...including ascertaining who was required to file what applications to enforce and set aside the Settlement Agreement. In the end, it was necessary for all parties to be legally represented. As a result, the Petaera and Potaka- Osborne whānau filed a statement of claim seeking to enforce the Settlement Agreement.2 In response, the Ngātoa whānau filed its own statement of claim (as amended) to set aside the Settlement Agreement.3 The Trust who had previously filed a pro forma app...

3. [2011] NZEmpC 27 C v Air Nelson [pdf, 229 KB]

   ...FA, who was also subject to investigation for her behaviour on the night in question, was notified of the issues involving her. [10] Once the police inquiry was completed, and it was decided that no charges would be laid against either C or FO, statements were prepared by them to be provided to ANL. FA had also provided statements but it is unclear exactly how ANL’s inquiry into FA’s conduct proceeded. However, the inquiry into C’s and FO’s conduct involved the presentat...

4. [2012] NZEmpC 29 Tourism Holdings Limited (trading as CI Munro) v Charlesworth [pdf, 138 KB]

   ...costs, but that it had sought a higher contribution because the defendant had rejected its Calderbank offer. This offer was made more than a month prior to the plaintiff having to incur costs in relation to reviewing the defendant’s witness statements, preparing its own witness statements, preparing for and attending the investigation meeting and preparing its final submissions. The plaintiff therefore sought costs of $15,000 as a contribution towards its costs incurred after the...

5. [2007] NZEmpC CC 8/07 Employee v Employer [pdf, 87 KB]

   ...2005. There followed an investigation meeting on 1 August 2005 which involved both parties. The Authority gave its determination on 21 October 2005 in which it decided that the applicant’s personal grievances were unfounded and dismissed her claims. On 27 January 2006, the Authority issued a costs determination in which it ordered the applicant to pay the respondent $5,000 by way of costs. [4] The applicant is dissatisfied with both determinations of the Authority and wishe...

6. [2011] NZEmpC 132 Kaipara v CHH Ltd [pdf, 125 KB]

   ...plaintiff submits that in her affidavit Ms Firth has adopted the persona of an “expert witness” but has stated no qualifications for that status. Certain paragraphs of the affidavit were sought to be struck out on that basis. These included: a statement that she has personal knowledge of the facts and was duly authorised by the defendant to provide evidence on its behalf; statements that the plaintiff does not have a strong prima facie case and that his prospects of success are...

7. Prasad v Devi [2014] NZIACDT 33 (19 March 2014) [pdf, 139 KB]

   ...justified her failure to engage with Immigration New Zealand’s concerns and whether she did take the steps required to ensure her client had representation when she lost her licence. [7] The Tribunal has upheld the compliant. The complaint [8] The Statement of Complaint set out the narrative founding the complaint, and a Supplementary Statement of Complaint refined the grounds. [9] The allegations of fact and the potential professional disciplinary offences identified were in esse...

8. [2023] NZEmpC 194 Watkins v Highmark Homes Ltd [pdf, 199 KB]

   ...full responsibility for the delay. In an affidavit, Debra Joy Weatherley-Hull, an employee of CultureSafe Hamilton as its office manager, says that due to workload, travel commitments and other urgent matters, an error was made as to when the statement of claim in relation to the challenge needed to be filed. She says this error resulted in them getting it wrong by one day and filing it via email on Saturday, 2 September 2023 rather than Friday, 1 September 2023. She also says that...

9. [2011] NZEmpC 88 Katz v Mana Coach Services Ltd costs [pdf, 118 KB]

   ...defendant submits that it is entitled to indemnity costs, in other words, to an award for the full amount claimed. It advances three submissions in support of this proposition. First, that the plaintiff unreasonably failed to agree to an agreed statement of facts; secondly, that proper allowance needs to be made for a Calderbank offer it made to the plaintiff 5 and thirdly, that the award should recognise that the defendant incurred additional costs because of the plaintiff’s unr...

10. NE & QE v LH [2024] NZDT 759 (7 November 2024) [pdf, 104 KB]

    ...under laws like the Fair Trading Act 1986 and the Consumer Guarantees Act 1993 do not apply, because the seller is not someone who is in trade. A seller is therefore not generally obliged to point out faults or problems with any item, however any statement(s) made can be a misrepresentation if the statement(s) is false and it induced the other party to enter into the contract. This law is set out in section 35 of the Contract and Commercial Law Act 2017 “CCLA”). A misrepresentation...