Search Results

1. [2022] NZEmpC 4 Chief of the New Zealand Defence Force v Darnley [pdf, 401 KB]

   ...duty of good faith to the plaintiff? (e) If so, should she pay a penalty? (f) Should the defendant be required to repay the overpayment of wages? Constructive dismissal [9] In Auckland Shop Employees IUOW v Woolworths (NZ) Ltd the Court of Appeal accepted that a constructive dismissal could arise in situations such as where:3 (a) an employer had given an employee an option of resigning or being dismissed; (b) an employer had followed a course of conduct with the deliberate and...

2. [2023] NZEmpC 173 Pact Group v Robinson [pdf, 334 KB]

   ...an unusual outcome against the backdrop of a finding of unjustified dismissal, and one that I do not consider viable in this case. 16 Ritchies Transport Holdings Ltd v Merennage [2015] NZEmpC 198, [2015] ERNZ 361 at [108]. The Court of Appeal declined leave to appeal in Ritchies Transport Holdings Ltd v Merennage [2016] NZCA 191. 17 Whanganui College Board of Trustees v Lewis [2000] 1 ERNZ 397 (CA) at [20]. Compensation for humiliation, loss of dignity and injury t...

3. LCRO 76/2022 & 81/2022 PF v BA (13 May 2024) [pdf, 243 KB]

   ...findings of breaches of the Rules and the penalties imposed. 2 [4] The role of this Office has been described in a number of High Court judgments. In Deliu v Connell, the Court said:1 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It inv...

4. [2024] NZEnvC 024 Environmental Defence Society Inc v Minister for Environment [pdf, 373 KB]

   ...Forestry (the Ministers); New Zealand Forest Owners Association Inc and Top of the South Wood Council Inc (collectively, the Forestry Interests) who appeared at the hearing as s274 parties. [4] Forest & Bird and Mana Taiao Tairāwhiti joined the appeal as s274 parties. However, they did not appear as they take no position on the jurisdictional issues. 2 Joint memorandum of parties in response to court Minute dated 7 June 2023, dated 19 June 2023, at [6]. 4 These parties...

5. [2023] NZEmpC 179 Pyne v Invacare New Zealand Ltd [pdf, 255 KB]

   ...example, there was a particular breach of the duty to provide access to information and the opportunity to comment on information before a decision was made, analogous to: Zhang v Telco Asset Management Ltd [2019] NZEmpC 151 at [156]–[157]; leave to appeal this decision was dismissed in Zhang v Telco Asset Management Ltd [2020] NZCA 223. 31 Waikato District Health Board v The New Zealand Public Service Assoc Inc [2008] ERNZ 80 (EmpC) at [36]. 32 At [36]. [59] Ms Butcher...

6. Strengthening Consequences for Crime in the Crimes Act 1961 [pdf, 541 KB]

   ...jury trials, as the proposed penalties are above the current two-year threshold to opt for jury trials. Any increases in jury trials could negatively impact on court timeliness. The higher maximum penalties could also result in an increased number of appeals to the High Court or Court of Appeal. 21 However, I consider these proposals will appropriately and comprehensively address the increasing problem with assaults on first responders and prison officers by providing broad coverage a...

7. [2024] NZEmpC 91 (Judgment (No 6) of Judge M S King 28 May 2024) [pdf, 323 KB]

   ...(b) whether there are assets to which the order can apply; and (c) whether there is a real risk that the respondents would dissipate or dispose of the assets, so as to render the respondent judgment proof. [18] In Shore v Narain, the Court of Appeal also emphasised the importance of the overall justice of the case, balancing the need to protect the applicant against prejudice or hardship caused to a respondent or third parties.4 Whether STU has a good arguable case [19] There is...

8. Heng v Walshaw [pdf, 550 KB]

   CLAIM NO: 00734 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER OF an adjudication BETWEEN JOHN MONTGOMERY HENG AND ANNE ELIZABETH HENG Claimants AND CHRISTOPHER WALSHAW AND MARGARET ANNE WALSHAW First respondents (Intituling continued next page) Appearances: Scott Galloway, counsel for the claimants Chris Walshaw, for the first respondents Tim Cleary, counsel for the second respondent John Morrison, co

9. Rangahaua Whanui National Overview volume 1 [pdf, 881 KB]

   ...Settlement of Treaty of Waitangi Claims, Office of Treaty Settlements, December 1994, p 6 2. For a collation of some of the main statements of Treaty principles by the Tribunal and the higher courts, see vol ii, app i. Executive Summaryes .2 2 Court of Appeal in New Zealand Maori Council v Attorney-General in 1987. On the principles of the Treaty, the president of the court, Justice Robin Cooke, said that: (a) ‘[T]he Queen was to govern and the Maoris were to be her subjects; in return...

10. August 2015 National Pānui [pdf, 307 KB]

    Contents: Applications for hearing in AUGUST | HERE-TURI-KÖKÄ 2015: ISSN 1175 - 8120 www.mäorilandcourt.govt.nz www.mäorilandonline.govt.nz AUGUST | HERE-TURI-KÖKÄ 2015 The purpose of the National Pänui / Te Pänui ä Motu is to provide notice to interested parties of hearings being conducted in, and applications received by, the Mäori Land Court. Only applications and sittings that were confi rmed at the time of this publication are listed. For more information, please conta