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1. LCRO 201/2021 DK obo The LK Estate v BY and FM (31 July 2023) [pdf, 305 KB]

   ...scope of review [50] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:6 … 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...

2. Proactive-release-OIA-review-Aug22.pdf [pdf, 30 MB]

   Hon Kris Faafoi Minister of Justice Proactive release – Briefing: Official Information Act 1982 – report back on targeted engagement and next steps Released: 7 December 2021 Initially released: 22 August 2020 The following documents have been proactively released by the Ministry of Justice. The initial release of this information in March 2020 included the Briefing and Attachment to the Briefing (documents 1& 2). The subsequent release in December 2021 included the Submis

3. [2010] NZEmpC 39 Lewis v Howick College Board of Trustees [pdf, 23 KB]

   ...acceptance. There was, for example, an earlier Calderbank offer made to Mr Lewis in May 2008 when the Board’s solicitors believed he was advised by a senior and experienced employment law practitioner but which offer was rejected. [14] The Court of Appeal has counselled the Employment Court to be “steely” in relation to Calderbank offers.3 [15] In these circumstances, I consider that Mr Lewis should not be entitled to reimbursement of any costs incurred after his refusal of...

4. [2012] NZEmpC 37 Anto v Planet Spice Ltd [pdf, 68 KB]

   ...aid but given “the inherent delays in the application process” a decision on the application for aid would not have been made within the 28-day limitation period. “It would deter many potentially legally aided applicants from pursuing an appeal/rehearing in the Court if they could be held liable for costs, pending a decision of the Agency.” 4. The plaintiff, who had been working part-time as a chef at the time of the Authority hearing, had recently been made redundant...

5. EMPC Swearing in Judge Inglis [pdf, 130 KB]

   ...http://justedit.justice.govt.nz/courts/employment-court/judicial-papers-and-speeches/remarks-of-chief-judge-gl-colgan-on-the-occasion-of-the-swearing-in-as-a-judge-of-the-employment-court-of-judge-christina-inglis-on-30-september-2011#_ftn5 It was this Court followed by the Court of Appeal[6] which first adapted foreign law notions of good faith dealing between employers, unions, and employees in all aspects of their relationships that are now enshrined in statute and, I venture to sugge...

6. [2008] NZEmpC AC 38/08 McKean v Board of Trustees of Wakaaranga School [pdf, 23 KB]

   ...or decrease that level: Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 and Health Waikato v Elmsly [2004] 1 ERNZ 172. [7] In this case the defendant made a Calderbank offer of settlement before the hearing began. As the judgment of the Court of Appeal in Elmsly confirms, the Court should usually make a “steely response” where the offeree does not better the Calderbank offer. [8] The defendant’s legal costs since September 2004, when the challenge was filed, amount to $139,174....

7. [2006] NZEmpC WC 11/06 Tamarua v Toll Tranzlink Ltd [pdf, 32 KB]

   ...case differed from this test in a subtle but very important way. Its finding that the employer’s action was one open to it as a fair and reasonable employer is virtually the same as the test for unjustified dismissal applied by the Court of Appeal in W&H Newspapers v Oram3. 2 Unreported, Shaw J, 30 May 2006, AC 30/06 3 [2000] 2 ERNZ 448 This focused on whether the employer’s actions were open to it as a fair and r...

8. Taylor v Taylor - Estate of Waerena Taylor (2014) 102 Waiariki MB 258 (102 WAR 258) [pdf, 127 KB]

   ...Māori as a whāngai. For some hapū it is acceptable for a grandchild raised as a whāngai to be 2 Kameta v Nicholas – Estate of Whakaahua Walker [2011] Māori Appellate Court MB 500 (2011 APPEAL 500) 3 Hohua – Estate of Tangi Biddle or Hohua (2001) 10 Waiariki Appellate Court MB 43 (10 APRO 43) 4 Bennett – Estate of Ronald Clifford Bennett (2014) 101 Waiariki MB 290 (101 WAR 290) 102 Waiariki MB 262 entitled to su...

9. Samisoni v Tangilanu [2015] NZIACDT 34 ( 23 March 2015) [pdf, 84 KB]

   ...for the complaint: [6.1] The complainant’s visa expired on 17 August 2011. [6.2] She entered into a written agreement with Ms Tangilanu on 13 September 2011. Ms Tangilanu agreed to apply for a visa under section 61 of the Immigration Act 2009, appeal to the Minister and complain to the Office of the Ombudsmen. She paid an initial fee of $500. [6.3] On 20 September 2011, Ms Tangilanu telephoned Immigration New Zealand regarding the complainant’s immigration history. Three days late...

10. [2013] NZEmpC 174 Udovenko v Offshore Marine Services (NZ) Ltd [pdf, 66 KB]

    ...matters which were not actually determined by the Authority, provided they were part of the Authority’s investigation. [11] An overly technical approach is not to be taken. That would enable form to trump substance. And as the Court of Appeal emphasised in Thornton Hall 1 [2012] NZEmpC 156. 2 At [26] and [27]. 3 [2012] NZEmpC 2. Manufacturing v Shanton Apparel Ltd, 4 in dealing with an application for leave to...