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1. [2024] NZEmpC 28 Keighran v Kensington Tavern Ltd [pdf, 250 KB]

   ...a teenage co-worker who worked with Mr Keighran at the Tavern. The incident led to Police involvement. Mr Keighran was subsequently charged with indecent assault and he was convicted sometime later, well after his employment came to an end (an appeal against conviction has not yet been determined). [6] The complainant (who I will refer to as Ms A) talked to her manager following the incident. The manager raised the issue with Mrs McLean-Woods. In the meantime, members of Ms A...

2. Interim regulatory impact statement - jury trial timeliness [pdf, 2.3 MB]

   ...prominent. Jury trial elections affect category 3 cases, most of which are heard in the District Court. If the number of jury trials in the system is reduced, resulting in an increase in the number of JATs, we expect there will be an increase in appeals heard by the High Court (appeal court for JATs), but a lower number of appeals being heard in the Court of Appeal and Supreme Court (appeal courts for jury trials). The impact of the options in this paper on the senior courts (High Cou...

3. [2015] NZEmpC 127 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 333 KB]

   ...claimed privilege over a number of documents; b Litigation privilege lapses upon the conclusion of the proceeding in question, which means that the defendant cannot claim litigation privilege in respect of documents in the High Court, Court of Appeal, and Supreme Court proceedings between PRI and LSG (refer LSG Sky Chefs New Zealand Ltd v Pacific Flight Catering Ltd & Anor [2014] NZSC 1528). The plaintiff claims that documents that detail the defendant's approach to th...

4. [2014] NZEmpC 206 Gapuzan v Pratt & Whitney Air New Zealand Services t/a Christchurch Engine Centre [pdf, 230 KB]

   ...rights of action and liabilities which are personal to the bankrupt, such as defamation and assault, do not vest in the assignees. 20 [31] A yet more recent example of this principle is found in Cork v Rawlins where the English Court of Appeal considered sums paid under two assurance policies effected by Mr Rawlins with Abbey Life Assurance Co Ltd before he became bankrupt. 21 The issue was whether a Whole of Life Policy which provided for earlier payment on receipt of pr...

5. Otago Standards Committee v Saunderson-Warner [2013] NZLCDT 15 [pdf, 231 KB]

   ...firm and the complainant. [10] We record that the practitioner continued to act for Mr S. This was initially intended to be on a legal aid basis but in fact ultimately was a private retainer, in which the practitioner successfully conducted an appeal. This was clearly a more involved and lengthy brief that the retainer between the firm and the complainant. [11] Finally, we note that the mistaken date (19 November rather than a later, early- December date) has been the cause of...

6. Dudley - Matoa, Whara and Te Karaka Ahu Whenua Trust (2017) 150 Taitokerau MB 151 (150 TTK 151) [pdf, 275 KB]

   ...constituted under 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. [19] The application of s 222(2) of the Act was considered by the Court of Appeal in Clarke v Karaitiana: 11 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the ability, experience and knowledge of the individual concerned. In considering those issues,...

7. Memorandum of Counsel for Wellington International Airport Limited (dated 07 May 2018) [pdf, 1.7 MB]

   ...decision to the High Court. In her judgment. delivered on 6 July 2016, her Honour Justice Clark dismissed NZALPA's concerns, and held that the Director's decision and the process leading to that decision was lawful. On 28 July 2016, NZALPA appealed the High Court Decision to the Court of Appeal. In their judgment delivered on 28 February 2017, the Court of Appeal set aside the Director's decision, and ordered that it be reconsidered. In particular, the Court of Appeal s...

8. Ward-Williams - Ngāti Tānewai 6A section 5 (2003) 123 Aotea MB 159 (123 AOT 159) [pdf, 1.5 MB]

   ...election and requesting a hearing. Deputy Chief Judge Isaac dismissed that application on 29 October 2001 on the grounds that sections 44 and 45 of the Act relate to corrections of errors in orders and that no final order had been made from which an appeal was possible, at 2001 CJMB 200-202. He then suggested that further directions should be sought setting out a timetable to conclude all applications then extant. Minute Book: 123 AOT 163 CASE LAW Maori Reservations In a decision...

9. Otago Standards Committee v Claver [2019] NZLCDT 8 [pdf, 343 KB]

   ...There is also the decision of Cooper v Waikato Bay of Plenty Standards Committee No. 2 of the New Zealand Law Society7 in which the practitioner who was found guilty of misleading the Court was suspended for 18 months, a period which was upheld on appeal. In that matter the Tribunal and Appellate Court had found the practitioner guilty of wilfully and deliberately misleading the Court. We have not quite reached that point in this matter. However, in Mr Claver’s case, there are a...

10. LCRO 28/2017 HK v TX (31 May 2019) [pdf, 205 KB]

    ...they were experiencing at the time of the hearing, pressure asserted on them by their own counsel, and finally, deceptive and misleading conduct on the part of Mr WZ. [12] Ms HK and her husband attempted to have the agreement reached set aside. Appeals filed were unsuccessful. [13] Ms HK believed that Mr WZ had, in various ways, been responsible for her being misled as to the terms of the agreement. [14] I have had the benefit in conducting this review of being very familiar with...