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1. [2020] NZSSAA 8 (30 April 2020) [pdf, 191 KB]

   ...May 2019, she also raised other, broader issues. [8] We have given XXXX the opportunity to present the issues of substance that concern her. Background The District Court proceedings [9] The Ministry brought prosecutions against XXXX which form the background to these proceedings. On 28 April 2015, the Ministry told XXXX that it had information that she was in a de facto relationship which may affect her benefit. The Ministry referred to her request on 17 April 2015 for full...

2. [2023] NZIACDT 22 - OT v Ramos (27 June 2023) [pdf, 150 KB]

   ...distress is not intended as compensation for an inability to obtain residence. It is questionable whether any amount for emotional distress is appropriate. [48] The complainant has also sought $5,000 for legal costs relating to two Ministerial requests. Yet, there is no evidence these costs have been incurred. Equally problematic is that there is no sensible basis for two requests to the Minister. [49] The complainant has additionally sought $4,450 for legal representation an...

3. M Ltd v KC [2023] NZDT 26 (2 February 2023) [pdf, 145 KB]

   ...the Tribunal has the onus of proving his or her claim/counterclaim on the civil standard of proof which is the balance of probabilities (that is, that it is more likely than not). I would like to reassure the parties that I have considered all the information and evidence presented by them when making my determination on the issues, but this order only refers to essential evidence and information material to the issues and is not intended to be a full record of the hearings or of the infor...

4. [2024] NZEnvC 080 Digital Signs Limited v Auckland Council [pdf, 282 KB]

   ...side closest to the motorway; (b) to apply long-life decals of a photo-real image of Pōhutukawa trees on the exterior of the domes; and (c) to fit two LED displays on the side of each dome visible from the motorway. [6] The documents forming the application for a building consent which have been put before the Court clearly show the domes being additional structures located on the roof of the existing building. They show the flattened sides of the domes facing 3 toward...

5. [2009] NZEmpC AC 22/09 EBIIWU & Ors v Carter Holt Harvey Ltd [pdf, 42 KB]

   ...prefer the latter. That is not because the plaintiffs’ witnesses tried to mislead the Court. Rather, their recollections of events, now almost 3 years ago, was more vague and their understanding of what is at least a quasi-legal process for the formation of effective collective agreements, is less acute and informed than that of the other witnesses. [23] I accept the plaintiffs’ evidence that what was discussed at the ratification meeting on 21 July 2006 was the content of the...

6. [2014] NZEmpC 64 Fox v Hereworth School Trust Board No 5 Interlocutory [pdf, 142 KB]

   ...respect of Mrs Fox. Counsel points out that Mr Thomas was not, at the relevant time, directly involved on the subcommittee that dealt with Mrs Fox although he was a Board member of the defendant throughout and was entitled to and did receive information and updates about what was going on. Counsel explains that despite the description of each of the documents contained in the defendant’s document list, the relevant content of each email is different because it contains, within t...

7. [2014] NZEmpc 85 McCartney v Atlas Concrete Ltd and First Union [pdf, 107 KB]

   ...rules?”. [3] The starting point is, therefore, the relevant rules of the Union at the time it declined to continue to represent Mr McCartney in the matter of his personal grievance with his former employer. [4] Mr Cranney has, at the Court’s request, supplied certified copies of the Union’s rules for the years 2007 and 2008. Those were then the rules of the National Distribution Union Inc (NDU) but the fact that the rights and obligations in law of the NDU have been assumed...

8. 2017 NZSSAA 050 (4 September 2017) [pdf, 167 KB]

   ...hearing, the answers to those questions became relatively obvious. [3] At least on the balance of probabilities, the appellant reasonably understood that she was travelling to a Ministry of Social Development (“the Ministry”) office at their request. She should have received $40 on a non- recoverable basis for the particular purpose of this travel. The appellant was not entitled to an accommodation supplement because she was 2 homeless, so did not have any accommodat...

9. Family and Sexual Violence work programme April [pdf, 327 KB]

   ...and ways of working in anticipation of new law. Simplifying and aligning Protection Order and Care of Children applications In support of the changes in the Bill, the Ministry is working to simplify and align protection order application forms and Care of Children Act (COCA) forms. The need to simplify the forms was identified in public consultations on the family violence reforms. The complexity of the current forms means it can be difficult for people to complete them an...

10. Davis - Part Kairakau 2C5B (2003) 171 Napier MB 184 (171 NA 184) [pdf, 2.5 MB]

    ...(135/93) DECISION OF THE COURT On 16 April 2003, at Hastings, I heard Ms Davis and her whanau in support of an application for partition and change of status of 3,400m2 of the block known as Part Kairakau 2C5B. Also appearing were Mr and Mrs Brown, former owners of a majority shareholding in the block. Mr and Mrs Brown had themselves earlier sought to partition their interest in the block for sale. They were consistently unable to win the support of their fellow owners for this cours...