Search Results

1. Steele v Commissioner of Police (Jurisdiction) [2025] NZHRRT 21 [pdf, 220 KB]

   ...that actions the subject of the decisions occurred prior to the commencement of the 2020 Act. The parties submissions, however show that courts appear to be moving away from clear delineations between those two types of rights, with the Court of Appeal recognising that the distinction between substantive and procedural rights is not always easy to draw, as “reforms of a procedural character may operate to destroy substantive rights.”34 The House of Lords has cautioned against...

2. [2013] NZEmpC 39 Rittson-Thomas t/a Totara Hills Farm v Davidson [pdf, 150 KB]

   ...Coincidentally, that case also concerned the dismissal on grounds of redundancy of a farm employee but that is of no significance. [48] In Simpsons Farms I said that I did not understand Parliament to have intended the principles stated by the Court of Appeal in GN Hale & Sons Ltd v Wellington Caretakers IUOW 3 to be affected when it enacted the Employment Relations Act and, in 2004, s 103A in particular. That statement may be interpreted to say that an employer only has to pe...

3. [2015] NZEmpC 186 The Commissioner of Salford School v Campbell [pdf, 299 KB]

   ...meeting should be modest.” 10 Parties who choose to incur costs in excess of the current notional daily rate of $3,500 are “entitled to do so but cannot confidently expect to recoup additional sums.” 11 [15] There are several Court of Appeal decisions which have dealt with issues as to the effect of Calderbank offers. I refer to two. The first of those is Health Waikato v Elmsly. 12 There the Court of Appeal in the context of discussion as to the cost effectiveness...

4. Haupini v SRCC Holdings Ltd (Application by Defendant for Costs) [2013] NZHRRT 23 [pdf, 104 KB]

   ...the 2 supporting memorandum placed substantial reliance on the Tribunal’s decision in IDEA Services Ltd v Attorney-General (No. 3) [2011] NZHRRT 21 (28 September 2011). As that decision was then under challenge in the High Court by way of appeal and judicial review the application by the defendant company for costs was adjourned pending the outcome of the High Court proceedings. See the Minute dated 21 May 2012. On 3 December 2012 judgment was given by the High Court in Attorn...

5. [2018] NZEnvC 104 Criffel Deer Limited v Queenstown Lakes District Council [pdf, 5.9 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC 104 of the Resource Management Act 1991 of an appeal under section 120 of the Act CRIFFEL DEER LIMITED (ENV-2017 -CHC-46) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Environment Judge J R Jackson - sitting alone pursuant to section 279 of the Act In Chambers at Christchurch Date of Decision: 2 July 2018 Date of Issue: 2 July 2018...

6. Puna - Rotopounamu 1B3A2C (2018) 70 Tākitimu MB 143 (70 TKT 143) [pdf, 574 KB]

   ...(a) that the trustee has failed to carry out the duties of a trustee satisfactorily; or (b) because of lack of competence or prolonged absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [34] The Court of Appeal in Rameka v Hall identified a two-stage approach for determining whether trustees should be removed under s 240.7 Firstly, have the trustees failed to carry out their duties satisfactorily. Secondly, should the Court exercise its...

7. LCRO 163/2020 DM v TN and EX (9 April 2021) [pdf, 215 KB]

   ...3 Because Mr DM is uncertain about the dates of some events, I have inserted those dates by reference to the Authority's determination which was reached after hearing evidence from relevant witnesses (including Mr DM), and which has not been appealed. 4 This was very soon after Mr DM had been dismissed from his employment and within the 90- day period. 5 This was in early October 20XX, a matter of some two weeks after the expiration of the 90 day period for giving notice of a persona...

8. MacGregor v Craig (Limited Extension of Confidentiality Orders) [2016] NZHRRT 30 [pdf, 241 KB]

   ...requirement that leave be obtained by any non-party to search the Tribunal file. This second decision, cited as MacGregor v Craig (Rescission of Confidentiality Orders) [2016] NZHRRT 23, will be referred to as the Rescission Decision. [9] Mr Craig appealed the Rescission Decision but not the Substantive Decision. His appeal to the High Court was heard at Wellington on 27 July 2016 before Cull J. Central to his case on appeal was the submission the Tribunal had failed to give sufficien...

9. Legal aid grants December 2020 [xlsx, 84 KB]

   ...is available at www.justice.govt.nz/courts/going-to-court/legal-aid/ Criminal grants Legal aid may be granted in respect of the following criminal matters: (a) criminal proceedings in the District Court, the Youth Court, the High Court, the Court of Appeal, or the Supreme Court: (b) appeals to the Judicial Committee of the Privy Council in criminal proceedings, where the Attorney-General certifies that a question of law of exceptional public importance is involved and that the grant of crimina...

10. Complaints Assessment Committee 408 v Reed [2017] NZREADT 6 [pdf, 226 KB]

    ...that in the light of our findings regarding the breaches of rr 10.2, 10.3, and 9.1, we are not required to consider the issue set out at [24][c]. [52] In its judgment in Barfoot & Thompson Ltd v Real Estate Agents Authority,7 the Court of Appeal summarised the obligations imposed by ss 134 and 135. Briefly paraphrased, the Court said: [a] The client’s consent is effective only if given in the prescribed form and the client is provided with a valuation in accordance with s 1...