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1. [2023] NZEnvC 215 Whangarei District Council v Gorbatchev [pdf, 196 KB]

   ...many exceptions that it could not truly be used as a scale. Nonetheless, experience has shown that many of the Court’s awards have tended to fall within four bands, as follows: (a) no costs, which is normally the position in relation to plan appeals under Schedule 1 to the Act or in cases where some aspect of the public interest counts against any award being made; (b) standard costs, which generally fall between 25 – 33% of the costs actually and reasonably incurred by a succ...

2. Re Dunstan (Rejection of Statement of Claim) [2023] NZHRRT 34 [pdf, 184 KB]

   ...with the agency concerned; or (b) there is an alternative dispute resolution process available to resolve the complaint because of the agency’s membership of a particular profession or industry; or (c) there is an adequate remedy or right of appeal, other than the right to petition the House of Representatives or to make a complaint to an Ombudsman, that it would be reasonable for the complainant to pursue; or (d) the complaint relates to a matter in respect of which a code of prac...

3. [2017] NZEmpC 100 Lyttelton Port Company Ltd v Arthurs [pdf, 148 KB]

   ...intended to bolster his pleading that he was subjected to disparity of treatment by Lyttelton Port. In Wikaira v Chief Executive of the Department of Corrections 6 former Chief Judge Colgan considered the test for disparity following the Court of Appeal in Chief Executive of the Department of Inland Revenue v Buchanan (No 2), 7 and held there were three parts to consider: (a) Is there disparity of treatment? (b) If so, is there an adequate explanation for the disparity? (c)...

4. 20240812-Education-and-Training-Amendment-.pdf [pdf, 226 KB]

   ...a consensual arrangement with others and promote common interests of the group. By protecting the right of individuals to decide freely whether they wish to associate with others, it also includes the right not to associate. 18. The Court of Appeal has previously said that while the right to collective bargaining arises out of the right to freedom of association, it is generally not regarded as an element of freedom of association.9 However, more recently the Canadian Supreme Court...

5. Misuse of Drugs Amendment Bill [pdf, 151 KB]

   ...1 R v Oakes (1986) 26 DLR (4th) 200 (Canadian Supreme Court); S v Bhulwana; S v Gwadiso (1995) 2 SACR 748 (South African Constitutional Court) and R v Sin Yau-Ming [1992] LRC (Const) 547 (Hong Kong Court of Appeal). 2 Hansen v R [2007] NZSC 7 at [123]. iii. is the limit in due proportion to the importance of the objective? Is the objective sufficiently important? 13. The objective of the temporary drug order provisions is to enable a respon

6. [2024] NZEmpC 154 Hu v Passion Fresh Ltd [pdf, 180 KB]

   ...Checkmate Precision Cutting Tools Ltd [2015] NZEmpC 2; [2015] ERNZ 196. the subsequent expense incurred by both parties would have been avoided.7 This submission drew heavily on Bluestar Print Group (NZ) Ltd v Mitchell.8 The Court of Appeal in that case cautioned that a “steely” approach is required in dealing with the cost consequences of settlement offers made without prejudice save as to costs.9 [18] Bluestar does not provide particular guidance to assist in asses...

7. FCA Judicial appointment information booklet [pdf, 615 KB]

   ...a very good source of informed opinion on the relative merits of prospective candidates. They will, therefore, be prominent among those consulted. The list of parties who may be contacted includes the Chief Justice, the President of the Court of Appeal, the President of the New Zealand Law Society, Solicitor-General and other organisations or groups representative of lawyers who the Attorney-General believes can contribute names of suitable persons. Such groups may include the New Zealan...

8. NZBORA-advice-AP-Education-and-Training-Amendment-Bill-final-for-publication-v2.pdf [pdf, 271 KB]

   ...enter a consensual arrangement with others and promote common interests of the group. By protecting the right of individuals to decide freely whether they wish to associate with others, it also includes the right not to associate. 18. The Court of Appeal has previously said that while the right to collective bargaining arises out of the right to freedom of association, it is generally not regarded as an element of freedom of association.9 However, more recently the Canadian Supreme Court...

9. [2017] NZEnvC 064 Mitchell Family Trust v Point Trust [pdf, 262 KB]

   ...merit on that party's side or embarking on an inquiry into the merits as that would be contrary to the objective of finality.9 [12] I also note that the amounts claimed in this case are stated to be GST inclusive. I note that the Court of Appeal has provided authoritative guidance on this. In relation to the GST component of costs and disbursements actually incurred by a party claiming costs, a GST-registered party will generally recover from the Commissioner of Inland Revenu...

10. Te Tumu Paeroa v Wharerau - Lot 9 DP 37339 (CFRNA971/29) (2015) 107 Taitokerau MB 262 (107 TKT 262) [pdf, 176 KB]

    ...to rule 7.5(2)(b) of the Māori Land Court Rules 2011 these orders are to issue forthwith. 9 Te Hokowhitu v Proprietors of Matauri X – Matauri X [2010] Māori Appellate Court MB 566 (2010 APPEAL 566). 107 Taitokerau MB 269 [39] I grant leave for the applicant to seek any further orders if necessary. Dated at Whangarei on Friday this 24 th day of June 2015. M P Armstrong JUDGE...