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1. [2021] NZEmpC 190 Best Health Foods Ltd v Berea [pdf, 183 KB]

   ...a contribution to Ms Berea’s costs. He also submitted that the time spent by Ms Berea’s lawyer was clearly to assist her in crafting a case built on a “fabricated story”. Consequently, no order as to costs should be directed. [6] I requested particulars of the legal fees which had been incurred by Ms Berea. The lawyer involved, Ms Kirsten Maclean, prepared a letter outlining these. In summary, she stated that in the first of two invoices, 3.5 hours of her time had been...

2. [2021] NZEnvC 193 City Rail Link Limited [pdf, 155 KB]

   ...https://www.westlaw.co.nz/maf/wlnz/app/document?docguid=I138d6f8ee02d11e08eefa443f89988a0&&src=rl&hitguid=Ibbcfe31be02511e08eefa443f89988a0&snippets=true&startChunk=1&endChunk=1&isTocNav=true&tocDs=AUNZ_NZ_LEGCOMM_TOC&anchor_Ibbcfe31be02511e08eefa443f89988a0 3 is an appropriate amount to be paid in relation to the expenses incurred by the Court in this matter. [5] Accordingly, the Registrar and City Rail Link Limited have requested that an order fo...

3. [2021] NZEnvC 102 Bay of Islands Maritime Park Incorporated v Northland Regional Council [pdf, 2.9 MB]

   ...information may only be made available to the public if they have been redacted to exclude any confidential information; (c) That part of the hearing at which confidential information is likely to be referred shall be held with the public excluded, if requested. The exclusion of the public does not apply to any party; (d) These orders shall apply to any brief of evidence which refers to or quotes from the confidential information. The brief of evidence: (i) Is to be kept on the...

4. NZ BORA Advice - Electricity Industry Amendment Bill [pdf, 154 KB]

   ...legislation; c. clarifying that the Authority should be able to regulate all parts of distribution access agreements, as it already does for transmission access agreements; and d. improving and clarifying the Authority’s powers to gather information from industry participants for the purpose of carrying out reviews or investigations. 8. The Bill also amends the Electricity Industry Participation Code (the Code), and makes consequential amendments to other enactments. Consiste...

5. [2021] NZEmpC 86 Humphreys v Humphreys [pdf, 171 KB]

   ...agreement rather than decision of the Court). [6] Mr Humphreys’ proceedings have now been before the Court since December 2019; were set down for a provisional fixture in the week of 21 September 2020; and were then allocated later dates at the request of both parties. The Fleming judgment was delivered last month, on 26 May 2021. The Crown has advised that it intends to file an application for leave to appeal within the statutory timeframe for doing so, that it is likely that l...

6. LCRO 9/2021 VG v AJ, BJ, CJ, KN and OP - Directions to Standards Committee (9 August 2021) [pdf, 114 KB]

   ...approach has been rejected by the complainants previously and also at the review hearing. The complainants are however to be provided a further opportunity to reconsider. [8] Following a reconsideration of the determination as directed, I request, pursuant to s 209(1)(c) of the Act, that the Committee provide a follow up report after compliance with this direction. DATED this 9TH day of AUGUST 2021 _____________________ O Vaughan Legal Complaints Review Officer...

7. 2021 NZPSPLA 026 pdf [pdf, 85 KB]

   ...officers who are not to wear uniforms or prominently display their security IDs so that they can blend in with other shoppers. This is why TT was not wearing a security uniform. He was however carrying his security ID and had it available to produce on request. [8] In order to constitute misconduct TT’s either needs to have breached the Act or his conduct needs to be such that a reasonable person would consider it be disgraceful, wilful or reckless. I have viewed the video covera...

8. [2021] NZEmpC 157 HG v Employment Relations Authority [pdf, 167 KB]

   ...replicated in the application to be joined as a third respondent. The Attorney- General acknowledges that the change in status is sought for the purpose of preserving appeal rights over what is said to be an important jurisdictional question. He requests that, if the Court is not minded to grant his application, he remain as intervener. [4] The Employment Relations Authority (the Authority) abides the decision of the Court on the Attorney-General’s application. It will consider i...

9. [2022] NZEmpC 81 Honeybunch Pure Naturals NZ Ltd v Niekerk [pdf, 164 KB]

   ...is to provide a final opportunity for Honeybunch to file an amended statement of claim that fully and fairly informs not only Ms van Niekerk, but the Court, of the issue to be addressed. [10] I have decided that, while I will grant Ms Jolly’s request, it will be subject to conditions which must be adhered to. They are to be expressed as unless orders. [11] That, however, is not the end of the matter. Ms van Niekerk has been put to considerable expense as a result of the present...

10. [2022] NZEnvC 219 Ports of Auckland Limited v Waikato District Council [pdf, 327 KB]

    ...Act, such order being by consent, rather than representing a decision or determination on the merits pursuant to section 297. The Court understands for present purposes that: (a) all parties to the proceedings have executed the memorandum requesting this order; (b) all parties are satisfied that all matters proposed for the Court’s endorsement fall within the Court’s jurisdiction, and conform to the relevant requirements and objectives of the Act including, in particular,...