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1. LCRO 8/2021 CK v SE (23 November 2021) [pdf, 284 KB]

   ...scope of review [38] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:9 … 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. [2021] NZEmpC 167 UXK v Talent Propeller Ltd [pdf, 379 KB]

   ...mouth), in the situation where that will undermine the very purpose of the suppression order, is captured by the section. The section does not encompass the dissemination of information to persons with a genuine need to know or, as the Court of Appeal put it, “a general interest in knowing”, whether genuineness of the need or interest is objectively established. [106] The court went on to consider whether, on the facts of that case, the disclosure that had occurred would underm...

3. LCRO 111/2024 MS v PC (24 March 2025) [pdf, 273 KB]

   ...respondent demonstrated a lack of knowledge of and respect for the mediation process; (d) the respondent “…fail[ed] to provide well-founded legal arguments…”, “…made misrepresentations about the litigation risk and incorrectly spoke about the appeals process”, “…made incorrect claims about the next steps and costs…” and “…did not understand what a Calderbank offer was…”; (e) the respondent “…allowed the [other company representatives] to engage in off...

4. LCRO 154/2024 WK v QM (26 June 2025) [pdf, 256 KB]

   ...and scope of the review? [45] The High Court has said of the nature and scope of a review under the Lawyers and Conveyancers Act 2006 (the Act):3 … 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 tha...

5. TXY v Police [2025] NZHRRT 31 [pdf, 358 KB]

   ...making of that order: (d) the date and place of each event listed in subsection (2): 21 Andrews v Police [2013] NZHRRT 6. 22 Victim Rights Act 2002 (VRA), s 3. 8 (e) the outcome of the prosecution of the offence (and of any proceedings on appeal), for example— (i) any plea of guilty or conviction entered, and sentence imposed or substituted; or (ii) any finding that an accused is unfit to stand trial; or (iii) any finding that the charge was not proved; or (iv) any ac...

6. Electoral-Matters-Bill_Communications-Tranche-3.pdf [pdf, 27 MB]

   ...15/3 [SEEMAIL][RESTRICTED] Hi Rose Thanks for the chance to comment. The scope of policy proposals for the Electoral Matters Bill / Electoral Act offence provisions We have raised with MoJ previously the situation following the Court of Appeal’s November 2023 decision in Zheng v R which quashed the convictions of three individuals who had deceived a political party and the Electoral Commission by unlawfully disguising the source of political donations. The Court of Appeal ob...

7. [2007] NZEmpC 37A/07 Yong t/a Yong and Co Chartered Accountants v Chin [pdf, 20 KB]

   ...determination remain undisturbed. [8] The Court has a wide discretion to make such orders as to costs as it thinks fit. That discretion must, however, be exercised in a principled way. The essential principles have been established by the Court of Appeal in a series of judgments including that in Binnie v Pacific Health Limited [2002] 1 ERNZ 438. The accepted approach is that an appropriate starting point for an award of costs is two thirds of the costs actually and reasonably...

8. [2008] NZEmpC WC 1A/08 Progressive Meats Ltd v Meat and related Trades Workers Union of Aoteaoroa Inc [pdf, 17 KB]

   ...reasonable contribution to costs is not two-thirds of costs actually and reasonably incurred. For this reason, judgments such as Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 and Health Waikato Limited v Elmsly [2004] 1 ERNZ 172 in the Court of Appeal can be distinguished as having involved different sorts of claims by individual employees against their employers. This, by contrast, is in the nature of a dispute between a union and an employer, resolution of which required intervent...

9. [2008] NZEmpC CC 3/08 South Tranz Ltd & Ors v Strait Freight Ltd [pdf, 18 KB]

   ...it may be the practice of the Court not to award costs in test cases, that is by no means an inflexible rule. We remain of the view that costs should be awarded and should follow the event. [7] We adopt the approach approved by the Court of Appeal in cases such as Victoria University of Wellington v Alton-Lee [2001] ERNZ 305 and Binnie v Pacific Health Ltd [2002] 1 ERNZ 438. We take a starting point of two thirds of the costs actually and reasonably incurred by the plaintiffs, w...

10. CAC303 v Patricia Kerr [2015] NZREADT 72 [pdf, 116 KB]

    ...our powers to award compensation under s 110(2)(g) of the Act, the licensee must forthwith pay $10,703.62 to the complainants Gordon and Ruth Christopher. [14] Pursuant to s 113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s 116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr J Gaukrodger Member ______________________________...