| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 25 |
| Hearing date | 5 Mar 2012 |
| Determination date | 06 March 2012 |
| Member | G J Wood |
| Representation | M Hubble ; P Mitchell |
| Location | Wellington |
| Parties | Hohepa-Smale v Te Rakau Hua O Te Wao Tapu Trust Inc |
| Summary | PRACTICE AND PROCEDURE – Application for adjournment – Respondent sought adjournment on basis that had suffered serious governance problems and unable to comply with undertakings – Applicant opposed application – Authority found in interests of justice for respondent to be involved in investigation process – Application for adjournment granted – COSTS – No investigation meeting – Applicant sought contribution to costs plus security for costs on grounds of potential impecuniosity – Authority accepted applicant incurred extra costs because of two additional directions conferences – Found even although normal procedure not to award costs until case determined on merits this was not normal case – Found no jurisdiction to make security for costs order – Respondent to pay applicant $1,500 contribution towards costs |
| Result | Application granted ; Orders made ; Costs in favour of applicant ($1,500) |
| Main Category | Practice & Procedure |
| Number of Pages | 2 |
| PDF File Link: | 2012_NZERA_Wellington_25.pdf [pdf 10 KB] |