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1. Huata-Kupa v Puna - Puninga 4A1B Trust (2021) 89 Takitimu MB 82 (89 TKT 82) [pdf, 245 KB]

   ...WHAKATAUNGA Ā KAIWHAKAWĀ L R HARVEY Judgment of Judge L R Harvey Hei kōrero tīmatanga Introduction [1] Tania Huata-Kupa seeks the removal of Te Roera Puna as a responsible trustee of Puninga 4A1B Trust. She claimed that Mr Puna had failed to attend duly convened trustee meetings without reasonable excuse, had acted contrary to the duties of a trustee and had assaulted her daughter at a meeting of owners. For these reasons alone, she submit...

2. [2020] NZEmpC 170 New Zealand Technology Group Hawkes Bay Ltd v Flashoff [pdf, 244 KB]

   ...passwords of its various services and has effectively locked NZTG out preventing it from providing those services. He also says the funds going to ETL is the second biggest item of value to NZTG. [15] In a supplementary affidavit filed at the request of the Court, Mr Smith says NZTG’s claims could total $4.3 million for ongoing losses. [16] The Authority established a timetable for the filing of evidence about NZTG’s claims, and directed that an investigation meeting be held...

3. [2019] NZEmpC 198 Jobbitt v 4 Seasons Indoor Outdoor Living (2014) Ltd [pdf, 379 KB]

   ...in good faith with the employee, the employer is not required to comply with section 4(1A)(c) in making a decision whether to terminate an employment agreement under this section; and (b) the employer is not required to comply with a request under section 120 that relates to terminating an employment agreement under this section. [13] The amendments to these sections introduced a restriction, so that an employment agreement containing a trial provision may be entered in...

4. Proactive release - New Compensation Guidelines for Wrongful Conviction and Imprisonment [pdf, 756 KB]

   ...been considered and determined. Initial experience led to amendments to the Guidelines in 2000 and 2001. However, the Guidelines have not been revised, or considered by Cabinet since 2001. Subsequent experience has demonstrated that, in their current form, the Guidelines are difficult to apply consistently and fairly. Teina Pora’s application highlighted the inflationary impact on the rates for non-pecuniary loss, principally loss of liberty, which had not been adjusted since their introducti...

5. [2022] NZEmpC 5 VMR v Civil Aviation Authority [pdf, 519 KB]

   ...to avoid the effect of the applicable legal requirements, or to redeploy them. [2] Subsequently, the plaintiffs raised an employment relationship problem in the Employment Relations Authority. They then sought interim reinstatement to their former positions based on a dismissal grievance. That application was declined.1 [3] The plaintiffs then brought a challenge on a de novo basis. They say that there are serious questions to be tried due to their dismissals, and that the bala...

6. [2012] NZEmpC 173 Gilbert v The Attorney-General in respect of the CE of the Department of Corrections [pdf, 106 KB]

   ...parties but, the defendant says, Mr Gilbert’s conduct hampered significantly this endeavour and, in particular, he failed to provide the defendant with a summary of the total amount that he claimed was owed to him. The defendant says that this information was not provided until Mr Gilbert’s actuary’s brief of evidence was filed and, with respect to some of the information, not until the hearing itself. The defendant says that it was open to seeking resolution of the matter w...

7. [2015] NZEmpC 158 Sealord Group Ltd v Pickering [pdf, 123 KB]

   ...formal application for an award of costs on behalf of the defendant, Mr Pickering. In summary, she seeks a 50 per cent contribution towards Mr Pickering's actual costs which are said to total $92,291, plus GST. Certain other items are also claimed. In response, Mr Kiely, counsel for the defendant, submitted that $20,000 is an appropriate contribution for the plaintiff to make towards the defendant's costs on the de novo challenge. [2] At all material times the defendant,...

8. LCRO 19/2017 VY v WR [pdf, 191 KB]

   ...WR. Review on the papers [39] The parties have agreed to the review being dealt with on the papers. This review has been undertaken on the papers pursuant to s 206(2) of the Act which allows a LCRO to conduct the review on the basis of all information available if the LCRO considers that the review can be adequately determined in the absence of the parties. 6 The Insurance and Financial Services Ombudsman. 8 [40] I have been a...

9. Peita v Accident Compensation Corporation (Backdated Weekly Compensation) [2025] NZACC 31 (20 February 2025) [pdf, 183 KB]

   ...the term “all necessary information” could also include “further medical or financial information”.7 The Court observed that the central focus of Kearney is the principle that the Corporation cannot rely on its own error in failing to request information as a reason for declining to make interest payments. The Court considered this to be an important principle that had not been clearly enunciated in prior authorities. [39] The Court of Appeal proceeded to consider four...

10. Elisara v Aasa [2014] NZIACDT 69 (19 June 2014) [pdf, 193 KB]

    ...Quota scheme. [8.2] To qualify for a visa the complainant had to have an acceptable offer of employment. [8.3] The adviser lodged the visa application with an offer of employment on 11 February 2011 or thereabouts. [8.4] Immigration New Zealand requested further information from the prospective employer and, having received no response, on 8 April 2011 requested further information from the adviser regarding the offer of employment. [8.5] On 23 April 2011, Immigration New Zealand wro...