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1. [2019] NZREADT 50 - Hu v CAC 416 & Yeung (14 November 2019) [pdf, 220 KB]

   ...to exercise must be sanctioned by the Act creating it. We were not addressed on matters of how one would assess what was an adequate extent of enquiries. We note that resolving such a question would involve consideration of the extent of the resources available to the Committee and the Authority amongst other questions. [18] However, leaving aside the question of jurisdiction to embark upon an enquiry of the kind proposed, we consider that even if there was power for the Tribuna...

2. Re Tai Rakena (Rejection of Statement of Claim) [2017] NZHRRT 27 [pdf, 140 KB]

   ...this reason we are not going to investigate any of your complaints referred to in my letter of 27 March 2017. This is not a result of any “frustration” with you and we do not consider it a breach of your rights. It is simply an allocation of resource. Any interference with your privacy (the failure to respond within 20 working days) has been remedied by the provision of the information you requested. Accordingly no further action by this Office is necessary or appropriate. 5...

3. Dixon v Accident Compensation Corporation (Leave to appeal to the High Court) [2022] NZACC 251 [pdf, 240 KB]

   ...[1963] NZLR 339, 353-354 (CA); Edwards v Bairstow [1995] 3 All ER 48, 57; [25] Even if the qualifying criteria are made out, the Court has an extensive discretion in the grant or refusal of leave, so as to ensure proper use of scarce judicial resources. Leave is not to be granted as a matter of course. One factor in the grant of leave is the wider importance of any contended point of law; e.g. Jackson and Kenyon above. [5] An error of law will also arise where a decision is wro...

4. [2015] NZSSAA 025, 20 April [pdf, 46 KB]

   ...being granted; (d) Special Benefit should only be considered in respect of costs that are essential and not reasonably avoidable; and 6 (e) having regard to the ability of the applicant to meet the deficiency from the applicant’s own resources. [31] In addition, the decision-maker is required to have regard to the matters contained in Clause 3.3(a) to (h) of the Direction. These include whether or not the applicant has any special or unusual financial expenditure, wh...

5. Duty Lawyer Policy July 2017 [pdf, 460 KB]

   ...category 21 matter unless: a. there is a statutory onus on a defendant to satisfy a Judge that bail should be granted or b. further enquiries are required on a matter determinative of a grant of bail by the Court, and those enquiries are beyond the resources of the duty lawyers. (Duty lawyers are reminded they must make reasonable enquiries to assist defendants to confirm details, such as address or employment information) or c. the defendant is under an order made pursuant to the Men...

6. LD v Review of prosecutorial decision LCRO 15/2015 (15 June 2015) [pdf, 168 KB]

   ...matters to the Tribunal. The Court said that:21 The protection to the practitioner once afforded by the threshold test [in the Law Practitioners Act] is thus now met by other means. The oversight of the LCRO should also assist in protecting the resources of the Tribunal and prevent it from being overwhelmed by petty or trivial cases. 16 Above n 9 at [50]. 17 At [23]. 18 Above n 10, at [31]. 19 Above n 9, at [54](h). 20 At [53]–[54]...

7. [2016] NZSAAA 02 (28 July 2016) [pdf, 220 KB]

   ...[8] In mid-June the appellant sought to review this decision, emphasising her estrangement from her father and her continuing inability to get him to declare his income or sign the Parent’s Form and detailing her lack of any other financial resources to fund her study. In early July the Secretary upheld StudyLink’s decision, finding that StudyLink was correct both in its conclusion that the appellant’s father should be excluded from the parental income calculation, and that her...

8. Regulatory Impact Statement 2010 Alcohol Reform [pdf, 918 KB]

   ...inspectors and medical officers of health. Duplication and costs to licencees if more than one agency inspects premises. No assurance that more or improved enforcement would occur – this depends on the capacity, capability and targeting of resources applied by key enforcement agencies. Altering the penalty regime Sale of Liquor Act penalties mostly for breaches of licence conditions, and dealt with by the LLA by cancellation or suspension or addition of more restrict...

9. [2012] NZEmpC 24 Butterworth v TBA Communications Ltd [pdf, 148 KB]

   ...plaintiff, as detailed in the evidence before the Court, I would not have been minded to sanction a time payment scheme even if I had been satisfied that there was the power to do so. That is because I am satisfied that she has sufficient financial resources to meet the debt owing by her by way of lump sum. Costs [27] The defendant seeks indemnity costs both in relation to the compliance order application and in respect of proceedings in this Court. The Authority awarded cos...

10. [2023] NZEmpC 189 Pretorius v Board of Trustees of Taupo Intermediate School [pdf, 285 KB]

    ...Broadspectrum (NZ) Ltd v Nathan [2017] NZCA 434, [2017] ERNZ 733; applying Keung v GBR Investment Ltd [2010] NZCA 396, [2012] NZAR 17 at [11]; and Dymocks Franchise Systems (NSW) Pty Ltd v Bilgola Enterprises Ltd (1999) 13 PRNZ 48 (HC) at [9]. 17 Bathurst Resources Ltd v L & M Coal Holdings Ltd [2020] NZCA 186, (2020) 25 PRNZ 341 at [19]. issue, and whether the challenge is brought in good faith. Depending on the particular circumstances, some factors may carry less or...