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1. [2023] NZEmpC 87 Riddler v Meridian Energy Ltd [pdf, 239 KB]

   ...proceeding before the Authority between Mr Riddler and that company to which Meridian could be joined. He could have preserved an opportunity to take action that potentially encompassed Meridian by not settling with Fujitsu. That may not have been an appealing prospect if it involved a delay in resolving the personal grievance and increased his costs. Nevertheless, it was an option. [50] I do not accept Ms Hubble’s submission that an approach should be adopted to s 103B tha...

2. Wellington Standards Committee v McGuire [2013] NZLCDT 41 [pdf, 120 KB]

   ...consider a total of $14,700 appropriate. DATED at AUCKLAND this 3rd day of October 2013 D J Mackenzie Chair 9 Baxendale-Walker v The Law Society [2006] 3 All ER 675; and on appeal, [2007] EWCA Civ 233.

3. CL v SC LCRO 218/2015 (6 April 2016) [pdf, 44 KB]

   ...consequence, Mr CL could readily have established that by producing evidence of the time he received the email. [36] Mr NH submits that the LCRO has discretion to extend the time for filing of a review. He argues that as there is no right to appeal a determination of the LCRO other than by way of seeking judicial review, a LCRO should adopt a “clean slate” approach to each case, and with a view to resolving issues such as arise in this case, in favour of the person in jeopardy...

4. Easton v Mayers [pdf, 298 KB]

   ...the letter of 16 July 1996. Repairs were carried out by Mr Pine and the Leovs subsequently claimed in the Disputes Tribunal for the cost of these repairs. The Disputes Tribunal found against Mr Mayers on 15 July 1997. Mr Mayers subsequently appealed but his appeal was dismissed. The amount awarded in the Disputes Tribunal was $3,000.00 based on the tax invoice from Mr Pine for the sum of $2,929.80. [6] In July 1998 the claimants purchased 14 Clifford Avenue from the Leovs...

5. Director of Proceedings v Nelson (Costs) [2014] NZHRRT 33 [pdf, 60 KB]

   ...civil litigation an award of costs can be made in favour of an unsuccessful party, but only in extreme cases. See Body Corporate 97010 v Auckland City Council (2001) 15 PRNZ 372 (CA) at [20] to [21]: [20] In England it has been said by the Court of Appeal that where the successful party raises issues or makes allegations improperly or unreasonably, “the Court may not only deprive him of his costs but may order him to pay the whole or a part of the unsuccessful party’s costs”, from...

6. Consultation response report [pdf, 745 KB]

   ...decreased prospects of success 37. We proposed a new obligation to inform the Legal Services Commissioner of any matter (civil matters only), that materially decreases the aided person’s prospects of success at first instance, or the merits of any appeal. This will assist the Legal Services Commissioner in considering whether legal aid should continue. Response 38. A respondent made several comments on this proposed amendment. In summary, they were concerned that the proposed amend...

7. [2021] NZREADT 30 - Kan (17 June 2021) [pdf, 251 KB]

   ...working days of the date of the Committee’s submissions. The Tribunal will then determine penalty on the papers. [36] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out the right of appeal to the High Court. The procedure to be followed is set out in part 20 of the High Court Rules. ________________ Hon P J Andrews Chairperson ________________ Mr N O’Connor Member ________________...

8. Horsfall v The Māori Reservation Trustees - Repongaere 4G (Part) (2003) 157 Gisborne MB 43 (157 Gis 43 [pdf, 2.3 MB]

   ...Regulations 1994 were considered. Two sections of Te Ture Whenua Maori Act 1994 (sections 2 and 17) noted above, have been regularly analysed and their importance affirmed in a number of Maori Appellate Court decisions including Re Mangaporou Trust­ An Appeal by Mr David Churfon 15 WGAP 120 (13 May 2003). In that decision the Maori Appellate Court approved the process of the Maori Land Court referring matters concerning trust administration to the owners and beneficiaries of the trust f...

9. Te Hiwi v Tahamata Incorporation (2005) 148 Aotea MB 265 (148 AOT 265) [pdf, 606 KB]

   ...common law and constitutional orthodoxy as to sovereignty, the Treaty and issues of custom. That orthodoxy has been confirmed by the Privy Council in Te Heuheu Tukino v Aotea District Maori Land Board [1941] NZLR 590 and more recently by the Court of Appeal in New Zealand Maori Council v Attorney-General [1987] 1 NZLR 641 and Ngati Apa v Attorney-General [2003] 3 NZLR 643. Against this backdrop it is important in my view to underscore that the Maori Land Court is a court of record creat...

10. [2011] NZEmpC 140 Gwilt v Briggs Stratton NZ Ltd [pdf, 188 KB]

    ...have been justified in dismissing him. [91] How such subsequently discovered conduct ought to be taken into account in assessing remedies for what was otherwise an unjustifiable dismissal was discussed at length by the members of the Court of Appeal in Salt v Fell, Governor for Pitcairn, Henderson, Ducie and Oeno Islands. 2 At issue in that case was whether or not conduct not known to the employer at the time of dismissal could be regarded as contributory conduct under s 124 o...