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1. [2023] NZEnvC 074 Currie v Palmerston North City Council [pdf, 385 KB]

   IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Court: IN THE lvIA TIER Decision No. [2023] NZEnvC 074 of an appeal under s 120 of the Resource Management Act 1991 BET\'(!EEN ISOBEL ESTHER CURRIE and BEV AN PHILIP CURRIE AND AND (ENV-2021-WLG-000040) Appellants PALMERSTON NORTH CITY COUNCIL Respondent TOLLY FAR.J.vI LTD (trading as SOUL FRIENDS PET CRElvIATIONS) Environment Judge BP Dwyer Environment Commissioner D...

2. [2023] NZIACDT 27 BT v Li (2 November 2023) [pdf, 209 KB]

   ...Act 2009, s 61 (absolute discretion to grant a visa in a special case). 3 Complaint made to Ms Li [8] The complainant wrote to Ms Li on 23 May 2023 seeking clarification of the decision to pursue two s 61 requests, following a Ministerial appeal. According to the complainant, a request under s 61 was likely to be futile. [9] Ms Li replied the next day, 24 May 2023. She said using s 61 was a proper approach as the client did not want to leave New Zealand. He agreed to it befo...

3. [2025] NZEmpC 102 The Secretary for Education v New Zealand Post Primary Teachers' Association Incorporated Te Wehengarua [pdf, 190 KB]

   ...rise to litigation, is that collective agreements in the education sector include terms that bind the employers, and terms that bind the Secretary. In The Secretary for Education v New Zealand Educational Institute Te Riu Roa Inc, the Court of Appeal held that the Secretary was properly named as the sole respondent in proceedings before the Authority alleging breaches by the Secretary of an obligation that, under the collective agreement, was hers alone.11 While the issue differed...

4. LCRO 19/2024 MT v DB (31 January 2025) [pdf, 156 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 that...

5. LCRO 168/2023 KM v ZT (30 April 2025) [pdf, 154 KB]

   ...scope of review [37] 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 that...

6. [2025] NZLCDT 26 Auckland Standards Committee 1 v Jindal (8 May 2025) [pdf, 136 KB]

   ...The length of time over which the misconduct continued took it outside the realm of a “rush of blood to the head” type of situation. That Mr Jindal failed to take the website down even after a settlement was reached, following his High Court appeal against the District Court decision, was extraordinary. In fact, the website was live for six months. [13] Mr Jindal attempted to justify this in his evidence because he said it was not a term of the settlement. We are not able to...

7. [2024] NZEmpC 219 Oliver v Biggs [pdf, 228 KB]

   ...to resolve this disputed application. A minute is not appropriate because if the application were to be dismissed, the proceeding would come to an end; and if it is granted, I should not rule out the possibility of an application for leave to appeal being advanced. Background [6] I begin by outlining a brief summary of the background to the four proceedings filed in this Court. [7] The first was commenced on 26 September 2019 against Mr Biggs, who had failed to comply with mu...

8. Davis v Hussey & Ors (Strike Out) [2025] NZHRRT 28 [pdf, 194 KB]

   ...and her written statements of evidence by 21 March 2025. [18] Following the Minute being issued, on that same day, 25 February 2025, Ms Davis filed a memorandum in which she objected to the directions that were made. 7 Whilst Ms Davis had appealed the Tribunal’s strike out decision to the High Court, that appeal does not operate as a stay on the proceeding per s 123(9) of the Human Rights Act 1993 (HRA). 8 In the Minute it was noted that discovery was to be undertaken by the pa...

9. [2014] NZEmpC 119 Pact Group v SFWU & PSA [pdf, 271 KB]

   ...later was irrelevant. … The Authority decision was challenged and overturned in the Employment Court: New Zealand Meat Workers and Related Trades Union v Taylor Preston Ltd [2009] ERNZ 54 (EmpC). The employer unsuccessfully sought leave to appeal the Employment Court decision: Taylor Preston Ltd v New Zealand 18 Postal Workers Union Inc v New Zealand Post Ltd EMC Wellington WEC65/96, 3 October 1996. 19 Employment Law (online loo...

10. [2015] NZEmpC 29 Hall v Dionex Pty Ltd [pdf, 330 KB]

    ...the following salient points: “we simply don’t know enough about these employees” and that there appeared to have been “really no or little HR support and strategy outside the US at Dionex.” [72] Mr Erickson referred to the Court of Appeal’s observation in Northern Distribution Union v BP Oil New Zealand Ltd that: 5 The fact that controls were non-existent provided opportunity but not excuse. The fact that others were culpable in countenancing the general pattern doe...