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1. [2020] NZSSAA 10 (17 March 2020) [pdf, 142 KB]

   ...treated this request as an application for a $20 SNG for food assistance which it declined because it did not meet the SNG criteria of emergency assistance. It is this decision that is the subject of this appeal. Relevant law [11] Section 101 of the Social Security Act 2018 (“the Act”) empowers the Minister of Social Development to establish approved special assistance programmes. The Special Needs Grants programme is established under this provision. Clause 2 of the prog...

2. 2022 NZPSPLA 033.pdf [pdf, 129 KB]

   ...security guards for the festival. Despite being required to provide a list of all those engaged prior to the festival Mr Brown did not provide the organiser with a list of the guards engaged and only provided the police with a provisional list of 101 names. It was not until after the complaint was laid that Mr Brown provided the PSPLA with a list of 140 names that he claimed were the security guards who worked at the festival. [15] Mr Brown did not provide any supporting evidence or...

3. [2022] NZACC 115–Fulton v ACC (15 June 2022) [pdf, 170 KB]

   ...Mr Fulton’s rights, a copy of this judgment will also be sent to Mr Fulton himself. [26] There are no issues as to costs. P R Spiller District Court Judge 3 See Stewart v Accident Compensation Corporation [2022] NZACC 101.

4. DC v JBD Ltd [2021] NZDT 1379 (11 March 2021) [pdf, 203 KB]

   ...means there were 4 people in and around the area that RI left the paintings. 18. RI says that she transported the paintings from BP by Uber. Paintings were transported in the boot of the car. RI is not sure whether, because of its size (B is 101 cm x 76 cm), it was transported in the boot or the back seat of the car. 19. ME gave evidence via telephone. ME said he is certain that B was not one of the paintings delivered on 29 July 2019. ME said he would have recognised it. Howe...

5. [2023] NZEmpC 16 Bird v Vice-Chancellor of the University of Waikato [pdf, 189 KB]

   ...policy reasons for this are to increase speedy and non-legalistic decision- making, to keep costs down, and avoid delays. Those matters are prioritised over any temporary impact on a party caused by a procedural determination. 15 Section 101. 16 Section 143(d). 17 Section 237(d). 18 Employment Relations Authority v Rawlings [2008] NZCA 15, [2008] ERNZ 26 at [23] and [26]; and H v A Ltd [2014] NZEmpC 92, [2014] ERNZ 38 at [17]. [18] Access to justice consid...

6. 2023-09-26-SOE_-Peter-Stacey_Air-Quality.pdf [pdf, 192 KB]

   ...with properties within 200 m of the designation be upgraded to minimise the impact of dust deposition effects.8 However, upon 7 Page 59 of Waka Kotahi Conditions (Track Changes Version). 8 Section 87F and 198D Report, at paragraphs [100] – [101]. P a g e | 5 obtaining a better understanding of the potential for dust deposition effects through further information, as assisted by Mr Curtis’ evidence and related discussions, I consider that it is only likely to be proper...

7. Stewart v Accident Compensation Corporation (Costs on discontinuance of appeal) [2023] NZACC 108 [pdf, 153 KB]

   ...Submissions were then filed by the Corporation, including noting that Ms Koloni, by that point, was already in receipt of judgments of this Court identifying absence of jurisdiction. 1 Stewart v Accident Compensation Corporation [2022] NZACC 101. 3 (e) In February 2023, the matter was set down for hearing to occur on 11 May 2023. A Minute dated 24 February 2023 was issued. (f) In accordance with the Practice Guidelines, it was for the appellant to prepare the required bun...

8. [2023] NZEnvC 252 Woodgate v Palmerston North City Council [pdf, 184 KB]

   ...reasonable” assessment was all that was required, conducted a de novo assessment in accordance with the parties’ 4 Mawhinney at [55]. 5 Country Lifestyles Ltd v Auckland Council [2022] NZEnvC 247 (Country Lifestyles). 6 Mawhinney at [101]. 7 Mawhinney at [104]. 8 Far East Investments Ltd v Auckland City Council A048/01 at [41]. 6 preference. [16] Conversely, in Country Lifestyles, the Court determined that “a ‘fresh view’ of the Council’s decision unde...

9. Consistency with the New Zealand Bill of Rights Act 1990: Regulatory Systems (Transport) Amendment Bill [pdf, 257 KB]

   ...the burden of proof.16 This means the state must affirmatively prove the physical and mental elements of the offence and must also negative any matter of defence raised by the evidence. 12 Clause 118, new section 72I. 13 Hamed v R [2011] NZSC 101, [2012] 2 NZLR 305 at [162] per Blanchard J. 14 Ibid at [172] per Blanchard J. 15 Clause 118, new section 72E. 16 Hansen v R [2007] NZSC 7, [2007] 3 NZLR 1 at [26] and [27] per Elias J. Strict liability offences 21. Strict liabili...

10. 2019 Decisions of public interest

    ...Limited v Livingston (Judgment of Chief Judge C Inglis, 26 August 2019) CONFIDENTIALITY – Admissibility – Emails to employer copied to mediation services – Emails admissible –  ss 148 and 189 Employment Relations Act 2000. [2019] NZEmpC 101 GD (Tauranga) Ltd v Price (Judgment of the full Court, 19 August 2019) HOLIDAY PAY – COMMISSION – average daily pay vs relevant daily pay – whether employer has discretion. [2019] NZEmpC 98 Noble v Ballooning Canterbury.com Ltd (Judgment o...

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