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1. [2025] NZEmpC 129 VKU v PHZ (Judgment of Judge M S King, 27 June 2025) [pdf, 178 KB]

   ...Constitutional and Administrative Law (5th ed, Thomson Reuters, Wellington, 2021) at 902, n 604. 9 Lovie v Medical Assurance Society New Zealand Ltd [1992] 2 NZLR 244 (HC) at 248. [21] In Commerce Commission v Giltrap City Ltd, the Court of Appeal also addressed the need to stand back by considering whether the overall interests of justice would allow the case to proceed.10 [22] The issues of whether there is inordinate delay and whether that delay is inexcusable, depend...

2. [2025] NZREADT 34 - CL v REAA (12 August 2025) [pdf, 225 KB]

   ...dismissing his complaint was plainly wrong. The application for review is dismissed and the Registrar’s decision is confirmed. [37] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116, setting out the right of appeal to the High Court. 7 Purchaser’s submissions (26 June 2025) at [7.2]. 8 NRM Investments Ltd v Semone Trustees Ltd [2022] NZHC 735 at [41]–[42]; and XS v Registrar of Real Estate Agents Authority [2025] NZREADT 3 at [61]. 9...

3. [2015] NZEmpC 7 Alatipi v CE of the Department of Corrections [pdf, 280 KB]

   WILLIE ALATIPI v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS NZEmpC WELLINGTON [2015] NZEmpC 7 [5 February 2015] IN THE EMPLOYMENT COURT WELLINGTON [2015] NZEmpC 7 WRC 12/13 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN WILLIE ALATIPI Plaintiff AND CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS Defendant Hearing: 1-5 and 23 September 2014 (heard at Wellington) Appe

4. Tucker & Ors as Trustees of the Ngahere Trust v Tucker [pdf, 256 KB]

   CLAIM NO: 00540 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER OF an adjudication BETWEEN GRAEME TUCKER and GLENYS TUCKER and STEPHEN SUDBURY as trustees of the Ngahere Trust Claimants AND ALLAN TUCKER First respondent (Intituling continued next page) Hearing: 13, 14 & 15 December 2004 Appearances: John Ross, counsel for the Claimants David Grindle, counsel for the First Respondent Roger Bowden, counsel for th

5. [2016] NZEmpC 65 Caffe Coffee (NZ) Ltd v Farrimond [pdf, 418 KB]

   ...establish his business, and that there was no evidence that he fraudulently undermined or disclosed confidential information of Caffe Coffee, relying on the dicta of Walker v Aiken 3 and Schilling v Kidd Garrett Ltd. 4 [35] But as the Court of Appeal made clear in Big Save Furniture v Bridge, a duty of fidelity is not breached only when an employee acts fraudulently or dishonestly. 5 The Court confirmed that the duty of fidelity and loyalty which an employee owes to an employe...

6. [2019] NZEnvC 131 Minister for Children [pdf, 5.3 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC 131 of the Resource Management Act 1991 of a direct referral application under s 1988 of the Act for a notice of requirement to alter designation 3800 'Care and Protection Residential Centre - Upper North' in the Auckland Unitary Plan (Operative in Part) MINISTER FOR CHILDREN (ENV-2019-AKL-000007) Applicant AUCKLAND COUNCIL Regulatory

7. [2022] NZEmpC 77 Courage v Attorney-General [pdf, 422 KB]

   HOSEA COURAGE, DANIEL PILGRIM AND LEVI COURAGE v THE ATTORNEY-GENERAL SUED ON BEHALF OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT, LABOUR INSPECTORATE [2022] NZEmpC 77 [10 May 2022] IN THE EMPLOYMENT COURT OF NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2022] NZEmpC 77 EMPC 363/2021 IN THE MATTER OF a declaration under s 6(5) of the Employment Relations Act 2000 BETWEEN HOSEA COURAGE, DANIEL PILGRIM AND LEVI COURAGE Plainti

8. [2022] NZEnvC 075 Otago Regional Council v Queenstown Lakes District Council [pdf, 27 MB]

   ...REGIONAL COUNCIL V QUEENSTOWN LAKES DISTRICT COUNCIL – CONSENT ORDER IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2022] NZEnvC 75 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN OTAGO REGIONAL COUNCIL (ENV-2021-CHC-070) Appellant AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Environment Judge J J M Hassan – sitting alone under s279 of the Act In Chambers at Christ...

9. Rātima v Sullivan - The Tataraakina C Trust (2015) 41 Takitimu MB 102 (41 TKT 102) [pdf, 531 KB]

   ...of his or her trust (whether by way of injunction or otherwise). [47] It is well established that the supervisory powers of this Court in relation to trusts are extensive. In Proprietors of Mangakino Township v Māori Land Court the Court of Appeal commented: 30 [21] In carrying out a general review of this kind the Court ought to concentrate on the broader picture and not become drawn into matters of detail, but it is in our view impossible to see any bright line between matt...

10. [2022] NZEmpC 223 FGH v RST [pdf, 688 KB]

    ...that the Court’s task is to examine objectively the employer’s decision-making process and determine whether what the employer did, and how it was done, were what a fair and reasonable employer could have done.6 Subsequently, the Court of Appeal in A Ltd v H discussed s 103A and observed:7 [46] It is apparent that the effect of the statute is that there may be a variety of ways of achieving a fair and reasonable result in a particular case. As the Court in Angus observed, t...