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1. LCRO 136/2017 RAI and SEM v EYR, IPA and DYN (26 November 2018) [pdf, 333 KB]

   LCRO 136/2017 CONCERNING an application for review pursuant to section 193 of the Lawyers and Conveyancers Act 2006 AND CONCERNING a determination of the [City] Standards Committee [X] BETWEEN RAI and SEM Applicant AND EYR, IPA and DYN Respondent DECISION The names and identifying details of the parties in this decision have been changed. Introduction [1] Ms RAI and Mr SEM (the applicants) have applied for a review of a decision by th

2. [2023] NZEmpC 56 Te Whatu Ora – Health New Zealand v Public Service Association, Te Pūkenga Here Tikanga Mahi [pdf, 471 KB]

   ...continues to be, undervalued due to systemic gender-based discrimination. That consequence is part of the interpretative context. [95] The updating of the EP Act involved an unusual process. It followed the important 2014 judgment of the Court of Appeal in Terranova Homes & Care Ltd v Service and Food Workers Union Nga Ringa Tota Inc, where the Court found the Equal Pay Act 1972 in its then form contained a pay equity regime.41 It recommended that this Court establish princ...

3. LCRO 149/2020 WM v VE and DP (14 December 2021) [pdf, 361 KB]

   ...scope of review [53] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:11 … 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 th...

4. [2015] NZEmpC 6 Edwards v Board of Trustees of Bay of Islands College [pdf, 821 KB]

   ...this case [11] There is another factor affecting dismissals for particularly serious misconduct. As long ago as in New Zealand (with exceptions) Shipwrights etc Union v Honda New Zealand Ltd, 3 the Labour Court established (and the Court of Appeal confirmed) 4 that the more serious an allegation against an employee said to justify dismissal, the higher the expected standard of proof of that allegation must be. That is a principle which has been followed consistently over decade...

5. Wilton TRI-2021-100-002 [2023] NZWHT AUCKLAND 01 [pdf, 629 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2021-100-002 [2023] NZWHT AUCKLAND 01 BETWEEN HELEN BERNADETTE O’SULLIVAN, FIONA CHERIE WHITE & ANDREW RODGER WILTON as trustees of the WILTON FAMILY TRUST Claimants AND DEANE FLUIT BUILDER LTD First Respondent AND TAB DESIGN LTD (Removed) Second Respondent AND TILING SOLUTIONS WANAKA LTD Third Respondent AND QUEENSTOWN LAKES DISTRICT COUNCIL Fourth Respondent AND HEMPEL (WATTYL) NEW ZEALAND LTD formally called VALSPAR PA

6. Regulatory Impact Statement Crimes Act Part 8 Offences Against the Person 1961 Amendment Bill [pdf, 85 KB]

   ...associated with the legislative process to amend the Crimes Act 1961. There will be costs associated with the need for Police, Crown Prosecutors and the Judiciary to become familiar with the new offences, and some costs and court time associated with appeals to clarify the interpretation of new provisions. For Police, there will be costs associated with training staff, preparing training materials, and amending the Police Manual. Defence counsel will also need to become familiar with t...

7. [2007] NZEmpC WC 20A/07 Gaskin v Grenside [pdf, 32 KB]

   ...and binding on and enforceable by them. The terms may not be cancelled under s7 of the Contractual Remedies Act 1979 and, except for enforcement purposes, no party may seek to bring the terms before the Authority or the Court whether by action, appeal, application for review, or otherwise (s149(3)). The parties must affirm their request to the mediator knowing of these matters. [21] A person who breaches an agreed term of settlement to which subsection (3) applies is liable...

8. [2007] NZEmpC CC 19/07 Sefo v Sealord Shellfish Ltd [pdf, 37 KB]

   ...or any part of it to elect to have the matter heard by the Court. [10] Although the heading to s179 refers to “Challenges to determinations of Authority” this is the only reference to a challenge. Section 179 does not confer a right of appeal or challenge in the usual sense of those words. However, the word “challenge” has come to be used for the process of electing to have a matter heard. [11] The starting point under s179 is that a party to a matter before the...

9. [2011] NZEmpC 124 Amien v Reipen and Others interlocutory [pdf, 69 KB]

   ...and it is appropriate for the Court to have regard to those principles recognised by the courts in earlier decisions relating to the grant of Mareva injunctions. Thus, in Shaw v Narain, 3 Justice Gault in delivering the judgment of the Court of Appeal emphasised the flexibility of the jurisdiction and noted: There must be a good arguable case that the person seeking the injunction will succeed in a claim against the owner of the property to be frozen. There must be a real risk...

10. [2010] NZEmpC 56 EBIIWU & Ors v Carter Holt Harvey Ltd [pdf, 28 KB]

    ...successful. [2] The statutory provision by which the Court can order costs is cl 19 of Schedule 3 to the Employment Relations Act 2000 (the Act). The Court has a very broad discretion (although exercisable within constraints imposed by the Court of Appeal1) and the Court’s equity and good conscience jurisdiction also applies. 1 Victoria University of Wellington v Alton-Lee [2001] ERNZ 305; Binnie v Pacific Health Ltd [2002] 1 ERNZ...