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1. [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...

2. 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...

3. [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...

4. 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

5. 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...

6. 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

7. Hartley v Balemi [pdf, 401 KB]

   ...any of the actual building work on any of the parts that now leak. He was a director dealing with the company’s business. 8.4.3 Mr Cogswell submits that the leading case on the assumption of personal liability by directors is the Court of Appeal in Trevor Ivory v Anderson [1992] 2 NZLR 517. This case sets out the test to determine whether a director should be seen to have assumed an actual or imputed duty of care to other persons. I accept that I should use Trevor Ivory as...

8. National Panui May 2021 [pdf, 531 KB]

   Contents: Applications for hearing in MAY | HARATUA 2021: ISSN 1175 - 8120 (Print) ISSN 2463-3763 (Online) www.mäorilandcourt.govt.nz www.mäorilandonline.govt.nz MAY | HARATUA 2021 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, plea

9. October National Panui - 2020 [pdf, 509 KB]

   Contents: Applications for hearing in OCTOBER | WHIRINGA-Ä-NUKU 2020: ISSN 1175 - 8120 (Print) ISSN 2463-3763 (Online) www.mäorilandcourt.govt.nz www.mäorilandonline.govt.nz OCTOBER | WHIRINGA-Ä-NUKU 2020 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. F

10. Wall v Fairfax New Zealand Ltd [2017] NZHRRT 17 [pdf, 1.1 MB]

    1 IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2017] NZHRRT 17 Reference No. HRRT 017/2013 UNDER THE HUMAN RIGHTS ACT 1993 BETWEEN LOUISA HARERUIA WALL Plaintiff AND FAIRFAX NEW ZEALAND LIMITED First Defendant AND THE MARLBOROUGH EXPRESS Second Defendant AND THE CHRISTCHURCH PRESS Third Defendant AT AUCKLAND BEFORE: Mr RPG Haines QC, Chairperson Ms GJ Goodwin, Member Mr MJM Keefe JP, Member REPRESENTATION: Ms