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1. 2018 Decisions of public interest

   ...considered – David and Parker considered – Parker distinguished – plaintiff has standing -challenge not possible – judicial review can be brought for alleged breach of natural justice where other avenues are closed. [2018] NZEmpC 123 Roach v Nazareth Care Charitable Trust Board (Judgment of Judge K G Smith, 19 October 2018) UNJUSTIFIED DISMISSAL – 90-DAY TRIAL – DEFINITION OF EMPLOYEE – whether second employment agreement contained invalid trial period as plaintiff had been previo...

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2. Waitangi Tribunal Te Aroha Maunga Settlement process report [pdf, 2.8 MB]

   ...spirits who inhabit its misty peaks . The Hot Springs at Te Aroha, because they flow out of the heart of the mountain, are also part of the mountain, and also partake of the tapu associations of the mountain . The Hot Springs symbolise the giving, caring nature of the mountain and the ancestors . The hot springs which lie at the foot of Mount Te Aroha were a very special place to our ancestors . They rise out of the base of the tapu mountain, and right underneath Te Ruinga’s pa site at...

3. McKeogh v Attorney-General [2020] NZHRRT 39 [pdf, 368 KB]

   ...financial support under this Act, educational, budget management, and (where appropriate) parenting requirements; and (iii) on people receiving certain financial support under this Act, social obligations relating to the education and primary health care of their dependent children. [68] Mr Hogan pointed out the social security system is tailored to the needs of individuals and their families, with support targeted to those most in need of assistance. Financial support is targeted t...

4. Proactive release - Security Information in Proceedings Legislation Bill.pdf [pdf, 2.2 MB]

   © Crown Copyright, Creative Commons Attribution 4.0 International (CC BY 4.0) Hon Kris Faafoi Minister of Justice Proactive release – Security Information in Proceedings Legislation Bill Date of issue: 7 December 2021 The following documents have been proactively released. Some information has been withheld on the basis that it would not, if requested under the Official Information Act 1982 (OIA), be released. Where that is the case, the relevant section of the OIA has been note

5. [2022] NZEmpC 223 FGH v RST [pdf, 688 KB]

   ...[11] Ms D then had some text exchanges with Ms H’s father, who in one communication said Ms H had been unwell. She had become unfit to work. He eventually met with Ms D and Mr E, Ms D’s manager, when he told them Ms H had been in care. There is a dispute as to whether Ms H’s father also said this information was not to be passed on, in particular to Ms C, who had been ultimately responsible for managing Ms H’s return-to-work in late 2019/early 2020. [12] Ms H...

6. [2023] NZEnvC 280 Titirangi Protection Group Incorporated v Auckland Council [pdf, 3 MB]

   IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 280 IN THE MATTER of appeals under section 120 of the Resource Management Act 1991 BETWEEN TITIRANGI PROTECTION GROUP INCORPORATED (ENV-2021-AKL-093) THE TREE COUNCIL (AUCKLAND) INCORPORATED (ENV-2021-AKL-094) Appellants AND AUCKLAND COUNCIL Respondent AND WATERCARE SERVICES LIMITED Applicant Court: Chief Environment Court Judge D A Kirkpatrick

7. [2017] NZEmpC 56 Nel v ASB Bank Ltd [pdf, 179 KB]

   ...disclosed to any other person without leave of the Court. (d) The confidentiality of names of ASB customers must be respected; if documents referring to such persons are to be produced to the Court at the hearing, the possibility of appropriate protective orders may need to be considered at that stage. Categories F and G: F: Email communications, correspondence, notes, minutes, any documentation whatsoever and/or recordings relating to “the list of actions” by the d...

8. [2023] NZEnvC 239 Nelson-Marlborough Fish & Game Council v Marlborough District Council [pdf, 4.2 MB]

   ...and Te Rūnanga o Ngāi Tahu Te Rūnanga o Ngāti Kuia Trust Te Rūnanga a Rangitāne o Wairau The New Zealand King Salmon Co. Limited Top of the South Wood Council Transpower New Zealand Limited Ravensdown Limited Royal Forest and Bird Protection Society of New Zealand Incorporated Waka Kotahi NZ Transport Agency Wine Marlborough Limited Yachting New Zealand Incorporated 7 Table 2: Withdrawn appeal points Appellants Provision Environmental Defence Society...

9. LCRO 21-2017 AJ v AK [pdf, 298 KB]

   ...Lawyers’ Professional Responsibility has said:18 Various terms are implied into retainers as a matter of law, giving effect to the nature of the relationship created thereby. The basic implied term requires lawyers to use their best endeavours to protect client interests, and to exercise reasonable care and skill in carrying out by all proper means the client instructions under the retainer [citation omitted]. … Also implied into the retainer are terms authorising the lawyer to do...

10. LCRO 8/2020 PA v ZN (21 December 2022) [pdf, 306 KB]

    ...concerned the Committee which said that “the submission of an inaccurate document to the court, which could potentially mislead the court and bring about an unjust outcome, is a very serious issue.” It considered that Mr PA “should have carefully turned his mind to [the long history between himself and Mr ZN] before swearing his affidavits” and that he had failed to do so.13 [35] It was the Committee’s view that there had been “a reckless disregard as to the accuracy of...