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1. [2020] NZSSAA 2 (11 February 2020) [pdf, 217 KB]

   ...must facilitate the prosecution of the appeal. For example, s 12K requires the appellant to lodge a written notice of appeal with the Authority and to send or leave with the Chief Executive a copy of that notice of appeal. At that point it is the job of the Chief Executive to provide any necessary background information to the Authority to assist its assessment of the appeal including “a report setting out the considerations to which regard was had in making the decision or determinat...

2. [2020] NZSSAA 4 (28 April 2020) [pdf, 224 KB]

   ...person’s home had been set up”, “where that person was living” and their “intentions as to the future” are relevant considerations.26 (d) Temporary absences may not change where a person’s home is. For example, absence for a temporary job in Australia for six months, where the worker’s family and house remain in New Zealand may not alter their ordinary residence in New Zealand. However, the strength of, or equivocation in, the intention to return are important.2...

3. [2020] NZSSAA 5 (28 April 2020) [pdf, 204 KB]

   ...military service. The Court also specifically references the instance of a person working in Australia, noting a case of temporary absence where a person retains ordinary residence in New Zealand:25 By way of example, a person who takes a temporary job for six months in Australia but whose family and house remain in New Zealand would remain ordinarily resident in New Zealand despite entertaining the possibility of remaining in Australia depending on the way circumstances pan out. Th...

4. Auckland Standards Committee 1 v Fendall [2018] NZLCDT 26 [pdf, 349 KB]

   ...[20]. 10 doing a little work as a Youth Advocate. She was candid in saying that this was bound up with what remained of her self-image and self-esteem. She had always felt that, [medical information removed], she was able to do a good job for her Youth Court clients. However, Ms Fendall needed the insurance payments to sustain her while she did this. [46] While a good deal of Ms Fendall’s evidence was evasive and less than credible, this was the one aspect of it w...

5. W v EQC [2021] CEIT-2019-0007 [pdf, 820 KB]

   ...there's a consistency between their report and the holes and generally the best evidence is actually what’s under the floor. Well they’ve gone and done that and they’ve got it and when they did the holes they did a really comprehensive job of analysing it and so they measured the depth of the hole and they measured the depth of the core sample on each side – four different places on the bottom of it and they’re all exactly the same length and they explain tha...

6. LCRO 173/2021 KC v TG (6 May 2022) [pdf, 237 KB]

   ...issues could have been approached differently by Mr KC. In particular, he “should simply have ‘stepped’ through the investigation process with Mr TG [rather than approach] the matter as if it was a fait accompli that Mr TG would lose his job, and that this had become a contentious matter.”8 (l) Extensive legal research and a formal witness statement was not appropriate in the context of Mr TG’s employment dispute and otherwise modest financial means. (m) Although Mr...

7. [2022] NZEmpC 233 Baillie v The Chief Executive of Oranga Tamariki – Ministry for Children [pdf, 280 KB]

   ...the recovery of lost wages in that way. Apart from the time he was reinstated on an interim basis Mr Baillie remained unemployed from the date of his dismissal until now. Significant attempts to find employment were unsuccessful, and where the jobs he applied for were in the public service his dismissal from Oranga Tamariki was an effective bar to his application being considered. [95] The financial loss was significant and flows entirely from the decision to dismiss. I exerc...

8. OIA-100246.pdf [pdf, 1.4 MB]

   ...story to the members of the public and not the judge. 5.2.4 Lawyers are Rewarded for Jury Trials It is possible that lawyers are rewarded in a number of ways for electing a jury trial. One reward is that they have more opportunity to do their job. That is, by electing a jury trial there are often more opportunities to talk to a judge about a case – meaning more opportunities to negotiate and reach a resolution. One lawyer in Christchurch noted: You can go all the way to a JAT w...

9. [2023] NZREADT 7 - CAC 2002 v Sun (6 April 2023) [pdf, 309 KB]

   ...salesperson to ensure that the ASPs were correct and completed in all respects before they were signed by the parties. [84] As the Tribunal observed in Ali v Real Estate Agents Authority, completing the ASP is an “essential part” of a licensee’s job and is “what the commission rewards the agent for doing.”5 [85] Ms Sun accepted under cross-examination by Ms Mok that the GST schedules were blank when she took them to Barfoots for processing. She said that she accepted t...

10. Incitement-of-Hatred-Hate-Crime-and-Discrimination_FINAL.pdf [pdf, 559 KB]

    ...proposal is a fairly simple change to add in a new I N C O N F I D E N C E 1 4590ig8zer 2022-11-21 17:24:53 I N C O N F I D E N C E ground to the Human Rights Act’s incitement mechanism without disturbing how it works. The RIS does a good job of articulating the problem and overcomes a lack of directly applicable data by using a range of proxies to build a qualitative picture that supports change. Compliance 8 The Bill complies with the following: 8.1 the principles o...