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1. [2025] NZEmpC 133 Burgess v Tutton Sienko and Hill Partnership (Interlocutory Judgment (reissued) of Judge KG Smith 1 July 2025) [pdf, 200 KB]

   ...security for costs stifling Mr Burgess’ challenge. She did so by referring to the conundrum facing Courts discussed by the Supreme Court in Reekie v The Attorney- General.11 That case was primarily concerned with providing security for costs on an appeal but contains comments that might be more generally applied. The Court’s concern in Reekie was about the possibility of a meritorious claim by an impecunious plaintiff being prevented with unsatisfactory consequences for access t...

2. Waitangi Tribunal theme G - Public works takings of Māori land [pdf, 1.4 MB]

   Rangahaua Whanui National Theme g PUBLIC WORKS TAKINGS OF MAORI LAND, 1840–1981 CATHY MARR May 1997 First Release WAITANGI TRIBUNAL RANGAHAUA WHANUI SERIES Other Rangahaua Whanui reports District reports District 1: Auckland, R Daamen, P Hamer, and B Rigby District 5b: Gisborne, S Daly District 7: The Volcanic Plateau, B Bargh District 8: The Alienation of Maori Land in the Rohe Potae, C Marr District 9: The Whanganui District, S Cross and B Bargh District 11a: Wairarapa, P Goldsmi

3. [2010] NZEmpC 102 Jinkinson v Oceana Gold (NZ) Ltd [pdf, 90 KB]

   ...i.e. a 3 [2000] 2 NZLR 565 (CA) position that is not substantially similar to that previously held by the employee.” This submission largely reflected paragraph [25] of the Court of Appeal’s decision: [25] In a situation of genuine redundancy, where the position truly is surplus to requirements, in the absence of a contractual provision to that effect, it cannot constitute unjustified dismissal not to offer the employee...

4. [2006] NZEmpC AC 57/06 Kumar v Icehouse (NZ) Ltd [pdf, 114 KB]

   ...regarded as sexual harassment, then the repetition of such actions, if found to have occurred after a fair investigation, could have led to a justifiable dismissal for sexual harassment. I use the word “could” as directed to by the Court of Appeal in W & H Newspapers v Oram [2000] 2 ERNZ 448, for the parties agreed that s103A, as inserted by the Employment Relations Amendment Act (No2) 2004, does not apply to the circumstances of this case. [55] It was Mr Parkinson’s po...

5. Foreman v Sanders – Estate of Rachel Ngeungeu Zister (2013) 63 Waikato Maniapoto MB 286 (63 WMN 286) [pdf, 191 KB]

   ...the Will. 7 Joint memorandum of counsel dated 2 July 2013. 63 Waikato Maniapoto MB 292 4. If the Court answers ‘no’ to any of the above questions then subject to pursuing any right of appeal or review the Estate will not oppose the granting of the applicants’ succession order. [24] The preliminary questions have been useful in focusing the minds of counsel, the witnesses and the Court. The evidence filed was largely based...

6. Waikato Bay of Plenty Standards Committee v Parlane [2010] NZLCDT 8 [pdf, 184 KB]

   ...proceedings under the Act and other similarly constituted disciplinary proceedings in New Zealand unless there is a governing statute or other rule requiring a different standard.” [5] This decision largely upheld the dicta in the Court of Appeal. The reasoning in that case was expressly adopted by the High Court in Complaints Committee No 1 of the Auckland District Law Society v APC [2008] 3 NZLR 105. Her Honour Winkelmann J held: “[34] … The Tribunal directed its...

7. Heta v Ministry of Social Development [2013] NZHRRT 8 [pdf, 117 KB]

   ...of the benefits obtained in those periods was reduced to $51,000. The other two counts alleged Ms Heta fraudulently completed Work and Income review forms on two occasions. [10] The 12 month sentence of imprisonment was successfully challenged on appeal, the Court of Appeal substituting a sentence of eight months imprisonment. See Heta v R [2012] NZCA 267 (22 June 2012). THE FIRST COMPLAINT – THE COLLECTION OF INFORMATION [11] It is a general principle, reflected in information...

8. [2015] NZEmpC 104 Shanmuganathan v PowerNet Ltd [pdf, 235 KB]

   ...At para [19]. [58] In Butcher v OCS Limited, Judge Travis was required to consider a submission that an employer had wrongly relied on an expired verbal warning to dismiss. He said: 5 The recent decision of the English Court of Appeal in Airbus UK Ltd v Webb [2008] EWCA Civ 49; [2008] ICR 561 clarifies the position that if, but for the previous warning, the employer would not have had a reason for dismissing the employee, the expired warning cannot be relied on. An...

9. TR v NI LCRO 109 / 2011 (21 February 2013) [pdf, 199 KB]

   ...$15,000.00. In a file note dated 24 April he noted that he “now [needed] to turn the claim into something less speculative and provide evidence of the current valuation.” He also however warned TR and TS about the possibility that CCI would appeal even if they were successful and referred to the potential costs 7 involved in that. By this time TR and TS were becoming concerned as to their exposure to costs referred to by CCL. [28] NI allowed the deadline for...

10. S B v Atia [2018] NZIACDT 4 (19 February 2018) [pdf, 310 KB]

    ...client, and need to remain objective. The discussion goes on to note that disclosure must be complete2, with “perfect good faith”, the lawyer must secure informed consent; and there a potential need for independent advice. [40] The Court of Appeal also discussed the principles applying to lawyers in Sims v Craig Bell & Bond [1991] 3 NZLR 535, where it observed the relationship between lawyers and their clients is one recognised in equity as a fiduciary one. That relationsh...