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1. [2014] NZEmpC 30 Austin v Silver Fern Farms Ltd [pdf, 165 KB]

   ...years Mr Austin, who now cares for his wife who suffered a stroke after these events, has little or no income. The Employment Relations Authority’s determination [31] Mr Austin’s challenge is by hearing de novo so that it is not an appeal against the Authority’s determination based on its reasoning. The Court must make its own decision on the evidence heard. I nevertheless summarise briefly the determination because it contains some observations that may be relevan...

2. LCRO 110/2017 EB v APPLICATION FOR REVIEW OF A PROSECUTORIAL DECISION [pdf, 262 KB]

   ...2 Zhao v Legal Complaints Review Officer [2016] NZHC 2622 at [25]. 3 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 11 … 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...

3. LCRO 83/2020 BA v SC (18 December 2020) [pdf, 265 KB]

   ...scope of review [34] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:5 … 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...

4. Lealaiauloto-Saofaileta v Accident Compensation Corporation (Treatment Injury) [2023] NZACC 209 [pdf, 257 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2023] NZACC 209 ACR 37/22 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACCIDENT COMPENSATION ACT BETWEEN TULUI LEALAIAULOTO-SAOFAILETA Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 4 October 2023 Heard at: Christchurch / Ōtautahi Appearances: Ms P Tucker for the Appellant Mr C...

5. [2024] NZIACDT 22 – QN v Nandan (29 August 2024) [pdf, 229 KB]

   ...[22] Immigration NZ declined the residence visa for the complainant and her husband in a letter to Ms Nandan on 19 November 2018. It found that the complainant had provided false evidence. A character waiver had not been granted. [23] An appeal to the Immigration and Protection Tribunal (IPT) against the decline of residence was filed by Ms Nandan on behalf of the complainant on 4 January 2019. [24] The complainant asked Ms Nandan by text on 7 May 2019 for her visa status, as...

6. 2024-NZEnvC-047-Waste-Management-NZ-Limited-v-Hauraki-District-Council.pdf [pdf, 1.6 MB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 047 IN THE MATTER the Resource Management Act 1991 AND of an appeal under section 120 of the Act BETWEEN WASTE MANAGEMENT NZ LIMITED (ENV-2021-AKL-000137) Appellant AND HAURAKI DISTRICT COUNCIL WAIKATO REGIONAL COUNCIL Respondents AND MARK OFSOSKE TE KUPENGA O NGĀTI HAKO Section 274 Parties Court: Environment Judge D A...

7. [2024] NZEnvC 050 The Warehouse Limited v Auckland Transport [pdf, 16 MB]

   Eastern Busway Stage 2 Project IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 050 IN THE MATTER OF appeals under section 174 the Resource Management Act 1991 BETWEEN THE WAREHOUSE LIMITED (ENV-2023-AKL-000195) GENERAL DISTRIBUTORS LIMITED (ENV-2023-AKL-000197) PAKURANGA PLAZA LIMITED (ENV-2023-AKL-000198) Appellants AND AUCKLAND TRANSPORT Respondent Court: Environment Judge J A Smith sitti...

8. [2010] NZEmpC 160 Mc Culloch & Ors v NZFS Council [pdf, 181 KB]

   ...exclusive jurisdiction, is higher than it was in the High Court for a stay of the proceeding there. It is certainly more than a mere assertion that there has been a strike and the proceedings relate to that. Even on a question of stay, the Court of Appeal noted in New Zealand Labourers Union v Fletcher Challenge Ltd: 2 … a defendant applying for a stay should usually be granted one if on the pleadings and any supporting evidence he satisfies the High Court Judge that it is rea...

9. EMPC Old dogs new tricks conference presentation [pdf, 239 KB]

   ...(s12) and the right of workplace access to employees by a bargaining representative (ss 13 and 14). Despite attempts from time to time by the Employment Court to do so (most of which were either negated or at least significantly restricted on appeal), 3 it was difficult to engraft onto a statutory obligation to recognise a bargaining agent, what we now know to be obligations of good faith bargaining. Some, but not much, judge-made law supporting good faith bargaining was developed...

10. [2012] NZEmpC 47 TLNZ Auckland Ltd and C3 Ltd v Maritime Union of NZ and Parsloe & Ors and Jennings & 21 ors [pdf, 202 KB]

    ...interim injunction but to all intents and purposes is really an application for final judgment, the plaintiff should demonstrate that it has a “meritorious substantive case.” 3 This is because the defendant will have little or no opportunity to appeal the decision if the injunction is granted and would be deprived of the opportunity of a full hearing to determine the matter on its merits. For these reasons, and taking into account the specialised role of this Court in dealing...