Search Results

1. [2010] NZEmpC 21 Industrial Services Nelson Ltd v Stewart [pdf, 31 KB]

   ...therefore submitted there was no evidence before the Court that explained either of the delays. [21] Mr Thomas claimed that the defendant had been prejudiced in the sense of a disruption to the finality that exists after time has passed in which to appeal a decision and that in itself is a serious detriment capable of being regarded as prejudicial, citing Bilderbeck v Brighouse Ltd.2 [22] There was evidence that the defendant had informed the Court and the plaintiff in Septembe...

2. [2021] NZEmpC 144 Crossen v Yangs House Ltd [pdf, 191 KB]

   ...of 1 or more issues on which the aided person fails: (e) any unreasonable refusal to negotiate a settlement or participate in alternative dispute resolution: (f) any other conduct that abuses the processes of the court. [10] The Court of Appeal has held that in considering s 45(3) the circumstances said to be exceptional must be “quite out of the ordinary”.4 [11] Mr Brown relied on s 45(3)(a) and (d); that is, a claim that there was conduct that caused the other party to i...

3. Phillips v Te Rina Whanau Trust - Wharekahika D15 (2013) 31 Tairawhiti MB 175 (31 TRW 175) [pdf, 110 KB]

   ...to progress the s45 proceedings or to seek legal advice or direction from the Court per s67 of the Act. If the order granting the transfer of the occupation order is made then that too can be the subject of a s45 application, a rehearing or an appeal. So the remedies available to the respondents remain intact. There will be no prejudice if the transfer application is granted that cannot subsequently be the subject of further orders in the respondents’ favour. The real issue is w...

4. TP v RO LCRO 174/2012 (7 November 2014) [pdf, 88 KB]

   ...powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an 4 investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review and the extent of the investigations necessary to conduct that review. Events before the review hearing [20] A review hearing was scheduled to o...

5. BORA Friendly Societies and Credit Unions (Regulatory Improvement) Amendment Bill [pdf, 224 KB]

   ...proportion to the importance of the objective. The Registrar must, by virtue of s 3 of the Bill of Rights Act, exercise their powers consistently with the right to freedom of expression. The decision of the Registrar is subject to the general rights of appeal in s 151 of the Act and is also judicially reviewable. 10. We consider that the Bill appears to be consistent with the right to freedom of expression affirmed in s 14 of the Bill of Rights Act Section 17 – Freedom of association...

6. QQ v NP LCRO 121/2012 (15 June 2015) [pdf, 78 KB]

   ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a standards committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review and the extent of the investigations necessary to conduct that review. 4 Review Hearing [16] Mr QQ attended a review hearing in [City] o...

7. Xi v Body Corporate 198693 (Costs) [2024] NZHRRT 19 [pdf, 170 KB]

   ...obligations to the unit owners. As a consequence of their dissatisfaction the plaintiffs did not pay their 2015 annual body corporate levy. [6] The Body Corporate then took a successful case against the plaintiffs in the Tenancy Tribunal. Ms Tao appealed and thereafter took a number of other unsuccessful actions against the Body Corporate, its Chairperson and Strata.4 Ms Tao’s failure to pay her outstanding levies and subsequent awards of costs made against her ultimately resul...

8. [2007] NZEmpC WC 30/07 Secretary for Education & Ors v New Zealand Educational Institute (Inc) [pdf, 32 KB]

   ...teacher. Principles of interpretation of collective agreements [6] The starting point is that the words of the collective agreement should be given their plain meaning in the context of the document as a whole. It was recognised by the Court of Appeal in Pyne Gould Guinness Ltd v Montgomery Watson (New Zealand) Ltd1 that the factual matrix may be used to cross-check whether the natural and ordinary meaning of the words was intended although the Court recognised that all too of...

9. CAC306 v Murphy & Anor [2015] NZREADT 88 [pdf, 130 KB]

   ...general sentencing factors, they are each fined $2,000 to be paid to the Registrar of the Authority at Wellington within one calendar month of this decision. [28] Pursuant to s 113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s 116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr J Gaukrodger Member ___________________________...

10. [2023] NZEmpC 175 Carrington Resort Jade LP v Maheno [pdf, 235 KB]

    ...in the suggestion that the proceedings may be in some way an abuse of the Court’s processes for the purposes of r 15.1(1)(d) of the High Court Rules. However, the right to access justice is an important human right.16 Therefore, the Court of Appeal has 15 Attorney-General v Prince [1998] 1 NZLR 262 (CA) at 267; and Couch v Attorney-General [2008] NZSC 45, [2008] 3 NZLR 725 at [33]; see also Carrington Resort Jade LP v Maheno [2023] NZEmpC 78 at [13]. 16 Faloon v The Plann...