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1. Complaints Assessment Committee 403 v Zhang [2018] NZREADT 53 [pdf, 179 KB]

   ...directs that Mr Zhang’s letter of apology (attached to Ms Harrison’s submissions) is to be forwarded to the vendor. [34] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out the right of appeal to the High Court. The procedure to be followed is set out in part 20 of the High Court Rules. ___________________ Hon P J Andrews Chairperson ____________________ Mr G Denley Member __...

2. [2022] NZEmpC 30 Cousens v Star Nelson Holdings Ltd [pdf, 210 KB]

   ...requested, however, that leave be reserved to Mr Cousens to be able to bring further applications if the compliance order remains unsatisfied. I deal with that matter at the end of this decision. [14] In Peter Reynolds v Labour Inspector, the Court of Appeal referred to a range of factors to consider in assessing the level of a fine.4 Those factors are not exhaustive but include the nature of the default (that is whether it is deliberate or wilful), whether it is repeated, without...

3. Ritai - Parihaka Papakainga Trust (2021) 437 Aotea MB 64 (437 AOT 64) [pdf, 296 KB]

   ...this Part of this Act the Court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian trustees. [20] It is well settled that the leading decision on trustee appointments is the Court of Appeal judgment Clarke v Karaitiana.8 In particular, paragraphs [51] and [52] of the judgment make it plain that, in the normal course of events, the views of the trust beneficiaries will be very important. That said, the Court is not boun...

4. COVID-19 Public Health Response Amendment Bill [pdf, 687 KB]

   ...occurred without proof of mens rea. The accused is required to prove a defence (on the balance of probabilities), or disprove a presumption, to avoid liability. 14. Although infringement offences do not result in a criminal conviction,5 the Court of Appeal in Henderson v Director, Land Transport New Zealand held that the rights in ss 24 and 25 of the Bill of Rights Act apply to minor offences dealt with under the infringement notice regime.6

5. Spicer - Ngāporo No.2 (2023) 465 Aotea MB 21 (465 AOT 21) [pdf, 289 KB]

   ...beneficiaries to the trouble and expense. (b) A trustee need not hesitate to apply where there are factual or legal difficulties and sufficient at stake to warrant the cost. 9 Tito – Mangakahia 2B2 No 2A1A [2011] Maori Appellate Court MB 86 (2011 APPEAL 86) at [28]. 10 The New Zealand Guardian Trust Company Ltd v Hewitt (1998) 1 NZTR 8-001; Melville v NRMA Insurance NZ Ltd (2002) 1 NZTR 12-002; and Holland v Jonkers [2021] NZHC 3469. 465 Aotea MB 26 (c) Questions...

6. Environment Court COVID-19 Protection Framework [pdf, 165 KB]

   ...the mediation/conference should proceed by telephone or audio- 3 A web-based videoconferencing system supported by the Ministry of Justice and Spark. https://www.courtsofnz.govt.nz/publications/announcements/covid-19/court-protocols/court-of-appeal/#remote-hearings-protocol visual link, or be adjourned. One consideration in determining whether a matter is to be dealt with in whole or in part through remote participation is the known vaccination status of participants. Hygi...

7. Land Valuation Tribunal COVID-19 Protection Framework [pdf, 166 KB]

   ...mediation/conference should proceed by telephone or audio-visual link, or be 3 A web-based videoconferencing system supported by the Ministry of Justice and Spark. https://www.courtsofnz.govt.nz/publications/announcements/covid-19/court-protocols/court-of-appeal/#remote-hearings-protocol adjourned. One consideration in determining whether a matter is to be dealt with in whole or in part through remote participation is the known vaccination status of participants. Hygiene...

8. Add or Remove a Class Individual Licence or COA [pdf, 226 KB]

   ...under section 65 of the Land Transport Act 1998, or an earlier equivalent provision?  Yes  No Have you ever been ordered by a court to be imprisoned following conviction for an offence and that conviction or order has not been quashed on appeal?  Yes  No In the last 7 years, have you ever been convicted by a New Zealand court of an offence under the Private Security Personnel and Private Investigators Act 2010 or Private Investigators and Security Guards Act 1974 for worki...

9. Zhang v The First Org Ltd (Strike Out) [2024] NZHRRT 11 [pdf, 163 KB]

   ...condition, or requirement shall be unlawful under that provision unless the person whose conduct or practice is in issue, or who imposes the condition or requirement, establishes good reason for it. [18] That section has been described by the Court of Appeal decision in Ngaronoa v Attorney-General in the following terms: 9 [119] Indirect discrimination under s 65 of the Human Rights Act can arise when a criterion in a law or policy, which is not on its face discriminatory, correspon...

10. [2025] NZEmpC 22 Menzies v Corrigan [pdf, 205 KB]

    ...well as the company. [26] On the other hand, I do not consider that there is any basis for a stay of execution of the Authority’s costs award in Mr Corrigan’s favour. That sum remains 12 Although dealing with an application to bring an appeal out of time, the Supreme Court made helpful observations about the necessarily superficial nature of any consideration of the merits of cases at an interlocutory stage in Almond v Read [2017] NZSC 80, [2017] 1 NZLR 801 at [39]....