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1. [2018] NZEnvC 012 Mt Wellington Highway Ltd & Jaafar Holdings Ltd v Auckland Council [pdf, 879 KB]

   ...and expenses incurred as a direct result of the Council's actions. On that basis he awarded the objectors approximately two-thirds of their total costs. [31] The earlier substantive decision of the Environment Court was the subject of an appeal by the Council to the High Court,4 which Baragwanath J allowed, declaring that B J & K L Wall v Rodney De W 119/97 (Env Ct) e P Brunei v Waitakere ee, A 134/2006 (Env Ct) Waitakere ee v e P Brunei, High Court, Auckland, CIV-2006-404...

2. MacGregor v Craig (Second Interim Non-Publication Order) [2015] NZHRRT 40 [pdf, 324 KB]

   ...s 95 to make any interim order necessary in the interests of justice to preserve the position of the parties. [37] It is now intended to address first the general principles to be applied in an application under s 95 and second, recent Court of Appeal decisions in which the open justice principle is considered in the context of name suppression applications in civil proceedings. INTERIM ORDERS UNDER SECTION 95 – PRINCIPLES [38] The relevant principles applicable to interim order a...

3. [2016] NZEmpC 123 Henderson v Nelson Marlborough District Health Board [pdf, 229 KB]

   ...happened at the meetings of 22 August 2014 and 11 September 2014, and the consequences of what happened. There is no disagreement about the legal test to apply. [42] In Auckland Shop Employees Union v Woolworths (New Zealand) Ltd the Court of Appeal described three non-exhaustive situations where constructive dismissal may occur: 3 1. An employer gives an employee an option of resigning or being dismissed; 2. An employer has followed a course of conduct with the deliberat...

4. [2016] NZEmpC 161 NZ Airline Pilots Assoc Inc v Air NZ Ltd [pdf, 234 KB]

   ...that leave as allocated in the roster. 8 Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] NZSC 5, [2010] 2 NZLR 444 at [19]. 9 Air New Zealand Ltd v New Zealand Airline Pilots Association [2016] NZCA 131, [2016] 2 NZLR 829 at [40] (currently on appeal to the Supreme Court). 10 Vector Gas at [24]; Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trade Unions Inc [2010] NZCA 317, [2010] ERNZ 317 at [13]-[14], [36]. 11 Vector Gas at [59] per McGrath J. [34]...

5. [2017] NZEmpC 40 XYZ v ABC [pdf, 271 KB]

   ...any such order. [62] The Court may, in any proceedings, make non-publication orders. The scope of the Court’s discretionary powers has been traversed by a full Court in H v A. 6 I delivered a minority judgment in that case. The Court of Appeal subsequently declined leave to appeal on the non-publication point, following an application of the majority’s judgment in the decision to make permanent non-publication orders in the case. 7 The Court of Appeal observed that the...

6. ZA v YB LCRO 164/2013 Recusal (31 August 2016) [pdf, 98 KB]

   ...to his discovery obligations. Costs were reserved, with the Commissioner seeking a substantial amount from the plaintiffs, as well as from Dr Muir, who was not a party to the litigation. His Honour declined to recuse himself. [40] The Court of Appeal set out the “principles which govern this area of the law” referring to the necessity for impartiality, the duty to sit, presumptive and apparent bias. 10 Section 27 of the New Zealand Bill of Rights Act 1990 was referred to as...

7. ZA v YB LCRO 23/2014 Recusal (31 August 2016) [pdf, 96 KB]

   ...to his discovery obligations. Costs were reserved, with the Commissioner seeking a substantial amount from the plaintiffs, as well as from Dr Muir, who was not a party to the litigation. His Honour declined to recuse himself. [40] The Court of Appeal set out the “principles which govern this area of the law” referring to the necessity for impartiality, the duty to sit, presumptive and apparent bias. Section 27 of the New Zealand Bill of Rights Act 1990 was referred to as encompassi...

8. ZA v YB LCRO 135/2014 Recusal (31 August 2016) [pdf, 99 KB]

   ...to his discovery obligations. Costs were reserved, with the Commissioner seeking a substantial amount from the plaintiffs, as well as from Dr Muir, who was not a party to the litigation. His Honour declined to recuse himself. [40] The Court of Appeal set out the “principles which govern this area of the law” referring to the necessity for impartiality, the duty to sit, presumptive and apparent bias. Section 27 of the New Zealand Bill of Rights Act 1990 was referred to as encompassi...

9. WT Te Manutukutuku Issue 70 [pdf, 1.6 MB]

   ...New Zealand Māori Council in a series of high­profile court cases contesting government policies of the late 1980s. Among other things, this litigation helped establish the current legal status of the Treaty of Waitangi, through the Court of Appeal’s articulation of Treaty principles in its Lands judgment. Later, Sir Graham reflected that up until 1987 ‘the Māori dimension in New Zealand law was understated… After the Appeal Court decision it attained a position of equality...

10. LCRO 239/2016 RY v P AN and T AN (25 September 2018) [pdf, 314 KB]

    ...scope of review [31] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:5 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...