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1. [2020] NZIACDT 19 - DMX v Guich (11 May 2020) [pdf, 112 KB]

   ...source, the governing legislation. [57] Mr Guich appears to have neither looked at the letter nor the website, instead relying on a hard copy guide in his office, which turned out to be several years out of date. That is always the risk with resource materials held in hard copy in an office. He was not entitled to determine the appeal period, a critical calculation as he accepts, in that way. [58] Mr Guich relies on the Tribunal’s decision in E v S where a complaint including a...

2. 2017 NZSSAA 026 (12 June 2017) [pdf, 155 KB]

   ...qualifying for the benefit. The Chief Executive has a discretion to grant the benefit, even where these two criteria are satisfied. [11] In Morgan the Court noted the relevance of s(1A)(c)(i) of the Act which provides that people should use the resources available to them before seeking financial support under the Act. The issues [12] The issues that we must determine are: a) Did Mr XXXX have an income or deprive himself of income during the relevant period? b) If...

3. [2022] NZEmpC 185 McPherson v Oji Fibre Solutions (NZ) Ltd [pdf, 270 KB]

   ...there are related proceedings before two employment institutions. These imperatives include mitigating time and cost for the parties, reducing a risk of inconsistent findings of fact or law, and allowing for the more efficient use of judicial resources. First issue: sufficient similarity? [41] Mr Mitchell, counsel for Mr McPherson, suggested the ground raised under s 178(2)(c) was the stronger of the two grounds raised. I therefore deal with that ground first. [42] He submi...

4. [2012] NZEmpC 220 Matsuoka v LSG Sky Chefs NZ [pdf, 130 KB]

   ...dealt with at the same time as the removed proceeding in ARC 23/12. The evidence 7 At [94]. [17] I found in my substantive judgment that the plaintiff was interviewed by Marie Park, the Human Resources Manager of LSG, on 23 February 2011. 8 The plaintiff’s name had appeared on a list of persons who had elected to transfer to LSG. The plaintiff and three others were represented by Mr Mann who advised Ms Park that he was bei...

5. [2011] NZCA 56 CA687/2009 New Zealand Dairy Workers' Union Inc v Open Country Cheese Company Ltd [pdf, 142 KB]

   ...taken some familiarisation. Some parts of the cheese plant, however, were identical to that used by the Dairy Company at its other factories. [10] Mr Slade’s evidence was that Mr Fankhauser directed him to make available the Cheese Company resources to induct the Dairy Company employees and the plant for them to run it; that in his capacity as the Cheese Company’s general manager he provided access to the plant and made it available; and that, in conjunction with the Dairy Com...

6. Li v The Real Estate Agents Authority NZREADT 10 [pdf, 346 KB]

   ...trial and one trial only of a cause of action. That requirement protects those against whom the claims are brought from being vexed with the same matters on more than one occasion. The principal is also designed to ensure that court or Tribunal resources are not wasted in duplicated hearings about factual matters. The present case illustrates the effect of the principle. The present case having been concluded on the basis of the evidence which was placed before the CAC is now to...

7. [2021] NZACDT 14 - YC v Wan (29 June 2021) [pdf, 133 KB]

   ...They feel obliged to compensate her for some costs, though not all her expenses. [27] Mr Wan and Ms Han offer a refund of $1,995 and additional compensation of $1,630: Reconsideration application fee $220 s 61 request $410 Time and resources for them to process a reconsideration and s 61 request $1,000 $1,630 JURISDICTION [28] The Tribunal’s jurisdiction to impose sanctions is set out in the Immigration Advisers Licensing Act 2007 (the Act). Having heard a compl...

8. [2015] NZEmpC 185 Lewis v JP Morgan Chase Bank N.A. [pdf, 130 KB]

   ...without cost or with the ability to negotiate a cost-free outcome with the Bank. Indeed, the Bank made precisely that offer during the two year period that this matter has continued. [22] The Authority is satisfied that Mr Lewis would have had the resources and the opportunity to seek professional legal advice about the merits of his application and that that advice, if taken, would likely have confirmed the outcome Mr Lewis now faces. [5] Although not referring to the exact amou...

9. MOJ0217.5E_SEP22_WEB.pdf [pdf, 121 KB]

   ...access to the rest of the land • the lie of the land – the area to be partitioned should not take the entire flat or most useable area of the land. FULL PARTITION Full partition requires the consent of the district council under the Resource Management Act 1991 (RMA). If consent is given, the council may require a reserve contribution6, whereby a part of the land is given to the council. Sometimes money is contributed instead. A reserve contribution may include: • the st...

10. Witana v Cutforth - Kohewhata 27C2A [2022] Māori Appellate Court 405 (2022 APPEAL 405) [pdf, 266 KB]

    ...Accordingly, while the respondents submit that they did not take any steps other than those required of them for this appeal, they also failed to take steps that would have reduced the length of these proceedings and accordingly the time and resources spent on them. Kōrerorero mō ngā utu roia Discussion on costs [13] The Court has an unlimited discretion as to costs. It has been noted that costs normally follow the event. [14] Rule 8.23 of the Māori Land Court Rules 20...