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1. Proactive release - Amendments to the District Court Rules 2014 and High Courts Rules 2016 [pdf, 597 KB]

   ...of the Senior Courts Act 2016 requires the concurrence of the Chief Justice and two or more members of the Committee (at least one of whom must be a High Court Judge) to rules regulating the practice and procedure of the Supreme Court, the Court of Appeal and the High Court. 17. I confirm that the above requirements have been met. Regulations Review Committee 18. There do not appear to be grounds for the Regulations Review Committee to draw the regulations to the attention of the Hou...

2. 20 April 2020 Horticulture New Zealand & The New Zealand Refining Company Limited & Public and Population Health Unit of the Northland District Health Board v Northland Regional Council [pdf, 295 KB]

   ...ENV-2019-349-000018 Horticulture New Zealand v Northland Regional Council The New Zealand Refining Company Limited v Northland Regional Council Public and Population Health Unit of the Northland District Health Board v Northland Regional Council Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Schedule of the Resource Management Act 1991 Appeal By Submitter On Proposed Policy Statement Or Plan pursuant to Clause 14 of the First Sch...

3. [2024] NZEmpC 159 Batta v Auckland Catering Ltd [pdf, 197 KB]

   ...considering an application for a sanction, it is necessary to approach the exercise in a principled way. The first issue is whether a sanction should be imposed at all. [14] In Peter Reynolds Mechanical Ltd v Denyer (Labour Inspector), the Court of Appeal made it clear that the primary purpose of the sanction regime is to secure compliance.7 A further purpose is to impose a sanction for non-compliance.8 Breaching a compliance order is serious and warrants a serious response.9...

4. [2023] NZEmpC 132 A Labour Inspector v Star Moving Ltd [pdf, 224 KB]

   ...in default be fined a sum not exceeding $40,000: (e) order that the property of the person in default be sequestered. [21] The Inspector is seeking today only fines under s 140(6)(d). [22] In Peter Reynolds v Labour Inspector, the Court of Appeal referred to a range of factors to consider in assessing the level of a fine.3 The factors referred to are not exhaustive but include the nature of the default (that is whether it is deliberate or wilful), whether it is repeated, withou...

5. LCRO 18/2023 DS v GX (30 May 2024) [pdf, 135 KB]

   ...scope of review [18] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

6. [2025] NZEmpC 158 Cotton v Gosling [pdf, 193 KB]

   ...Interest on Money Claims Act but, in any event, that Act still applies in relation to the sums the Authority ordered to be paid. [16] In Peter Reynolds Mechanical Ltd t/a The Italian Job Service Centre v Denyer (Labour Inspector), the Court of Appeal held that the purpose of the available sanctions under s 140(6) is to compel compliance with the Authority’s orders and to impose a sanction for not complying with them.5 [17] The Court of Appeal referred to a non-exhaustive range o...

7. [2024] NZEnvC 225 Auckland International Airport Limited v Auckland Transport [pdf, 6 MB]

   Botany to Airport Bus Rapid Transport Project IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU IN THE MATTER OF BETWEEN AND AND Decision [2024] NZEnvC 225 appeals against the decision for Designations NoR 4a and NoR 4b for the Botany to Airport Bus Rapid Transport Project under section 174 of the Resource Management Act 1991 AUCKLAND INTERNATIONAL AIRPORT LIMITED (ENV-2024-AKL-000065) WIRI OIL SERVICES LIMITED (ENV-2024-AKL-0...

8. [2006] NZEmpC WC 10A/06 Timmins v Assure New Zealand Ltd [pdf, 20 KB]

   ...to deal with any order as to costs except to state that there should be no orders as to costs due to the plaintiff’s impecuniosity and his legal aid position. He also submitted it may be premature to deal with the costs until such time as the appeal lodged against the substantive decision has been dealt with. However, for completeness, costs should be determined before then so that the issue of costs can be included in the appeal if necessary. [6] The first question is whether a...

9. [2013] NZEmpC 110 Hall v Westpac NZ Ltd [pdf, 69 KB]

   ...is on the basis that such a level of costs equates to two-thirds of actual reasonably incurred costs. Ms Muir, counsel for respondent, 1 [2013] NZEmpC 66. relies upon previous Court of Appeal decisions dealing with awards of costs in this Court. 2 [4] In addition, based on O’Hagan v Waitomo Adventures Ltd 3 the respondent seeks a further sum of $750 as a contribution towards costs incurred in preparing the applicatio...

10. CAC10064 v Vinodh [2013] NZREADT 21 [pdf, 27 KB]

    ...under s.91 of the Real Estate Agents Act 2008 BETWEEN REAL ESTATE AGENTS AUTHORITY (CAC 10064) Prosecutor AND RAM VINODH Licensed Salesperson Defendant AND Reference No: READT 021/12 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN RAM VINODH Appellant AND REAL ESTATE AGENTS AUTHORITY (CAC 10064) First respondent AND MICHAEL HAWES Second respondent BEFORE THE REAL...