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1. Hamblyn v Auckland City Council [pdf, 53 KB]

   ...plans and that the bearer did not comply with the required standards. Having made those findings, Mr Vaughan must be held to have a degree of personal liability for actual construction defects. [46] Decisions from the High Court and Court of Appeal have all established that to be personally liable, a director needs to either assume some personal responsibility or needs to be directly involved in carrying out, supervising and/or controlling the defective work that has result...

2. [2019] NZEmpC 132 Chief Executive of Manukau Institute of Technology v Zivaljevic [pdf, 300 KB]

   ...provide that written statement within 14 days of receiving the Employee's request. 15.7 In the event the matter is not resolved by mediation, the matter may be referred to the Employment Relations Authority for decision. Either party may appeal the decision of the Employment Relations Authority to the Employment Court[.] [52] Mr Zivaljevic’s evidence was that, when his employment was terminated, he was initially focussed on the substantive issues, in particular around rede...

3. [2020] NZEmpC 110 Cowan v Kidd [pdf, 327 KB]

   ...rates 10 BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 (PC). 11 Hickman v Turn and Wave Ltd [2011] NZCA 100, [2011] 3 NZLR 318 at [248]. This decision was overturned on appeal but not on this point: Hickman v Turn and Wave Ltd [2012] NZSC 72, [2013] 1 NZLR 741. 12 Pretorius v Marra Construction (2004) Ltd [2016] NZEmpC 95, [2016] ERNZ 591 at [70]. http://www.westlaw.co.nz/maf/wlnz/app/link/doc?uci=CASE~N...

4. Pickering v Reihana - Motatau 2 Section 21B2E (2021) 231 Taitokerau MB 103 (231 TTK 103) [pdf, 323 KB]

   ...The applicants were not represented in this proceeding, and so they have not framed their case according to legal principles. In essence, they claim that the house is held on constructive trust for Ngawiki. [30] In Lankow v Rose, the Court of Appeal held that, in order to recognise a constructive trust, the applicant must show:13 (a) Contributions, direct or indirect, to the property in question; (b) The expectation of an interest therein; (c) That such expectation is a reaso...

5. Government Response to Te Aka Matua o te Ture | Law Commission Report: The Use of DNA in Criminal Investigations | Te Whakamahi i te Ira Tangata i ngā Mātai Taihara [pdf, 825 KB]

   ...expectation of privacy), under section 21 of the NZBORA and wider privacy values.12 These are related to bodily integrity, bodily autonomy and the protection of personal information for the individual and their familial connections. 10. The Court of Appeal has also noted that retention of DNA profiles on the databanks enables ongoing monitoring by the state.13 The effects of the regime may also have discriminatory impacts, engaging the right to freedom from discrimination under s...

6. Apo v Hudson - Maraenui No 141 and other blocks (2019) 227 Waiariki MB 43 (227 WAR 43) [pdf, 293 KB]

   ...satisfactorily; or (b) because of lack of competence or prolonged absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [27] The leading authority on the removal of trustees is Rameka v Hall.2 The Court of Appeal in this case held that there is a two-stage test to determine whether a trustee should be removed. Firstly, the court must be satisfied that the trustee has breached his or her responsibilities. Secondly, if so, the Court must deci...

7. COVID-19 Public Health Response Bill [pdf, 205 KB]

   ...17 R v Briggs [2009] NZCA 244 at [85] per Arnold J. 67. To trigger the concept of detention there must be a “substantial intrusion on personal liberty”,18 whether a physical deprivation or a statutory constraint. The Court of Appeal has held that:19 “An arrest or detention is arbitrary if it is capricious, unreasoned, without reasonable cause: if it is made without reference to an adequate determining principle or without following proper procedures.” 68. For...

8. Haretuku - Succession to Pirihira Te Whatu [2020] Chief Judge's MB 142 (2020 CJ 142 [pdf, 367 KB]

   ...Māori Act 1993, and recognising that Māori land is a taonga tuku iho to be retained by the owners their 4 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 5 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2020 Chief Judge’s MB 156 whānau and hapū, I consider that it is necessary in the interests of justice to remedy this mistake. [17] As this second Registrar’s Report has not been circulated to the parties, I am...

9. [2019] NZREADT 52 - Grewal (25 November 2019) [pdf, 190 KB]

   ...We order that he is to pay a fine of $15,000 to the Authority, within 20 working days of the date of this decision. [60] 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 _____...

10. [2021] NZEmpC 93 Gestro v Relph [pdf, 287 KB]

    ...must determine the real nature of the relationship by taking all relevant matters into consideration, as just discussed. 4 Three Foot Six Ltd v Bryson [2004] 2 ERNZ 526 (CA) at [31] per McGrath J dissenting, this approach being undisturbed on appeal to the Supreme Court. 5 Franix Construction Ltd v Tozer [2014] NZEmpC 159, [2014] ERNZ 347 at [44]; citing Singh v Eric James and Associates Ltd [2010] NZEmpC 1 at [16]. 6 Prasad v LSG Sky Chefs New Zealand Ltd [2017] NZEmpC 150, [2...