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1. [2018] NZEmpC 43 A Labour Inspector v Smiths City Group Ltd [pdf, 503 KB]

   ...Court: Appearances: Chief Judge Christina Inglis Judge K G Smith Judge M E Perkins C Milnes and A Dumbleton, counsel for the plaintiff K Dunn and M Mau, counsel for the defendant P Cranney, counsel for the intervenor Judgment: 8 May 2018 JUDGMENT OF THE FULL COURT [1] Every morning before Smiths City Group Ltd opens its stores to customers it conducts a short meeting with sales staff. Attendance at these meetings is expected, but no...

2. [2023] NZEmpC 158 Turner v Te Whatu Ora [pdf, 293 KB]

   ...RESPECT OF THE FORMER WAIRARAPA DISTRICT HEALTH BOARD Defendant Hearing: 16-19 April 2023 (Heard at Wellington) Appearances: E Lambert, advocate for plaintiff H Kynaston, E von Veh and G Beverley, counsel for defendant Judgment: 21 September 2023 JUDGMENT OF JUDGE J C HOLDEN [1] Amanda Turner was employed by the Wairarapa District Health Board (DHB) as a registered palliative care nurse working in the community from May 2015 until he...

3. Cole & Anor v Euro-Asia Investments Ltd & Ors [2013] NZWHT Auckland 8 [pdf, 140 KB]

   ...amount to which you would otherwise be liable. [47] Section 17(2) of the Law Reform Act 1936 sets up the approach to be taken. In Findlay v Auckland City Council7 Ellis J held that apportionment is not a mathematical exercise but a matter of judgment, proportion and balance. [48] There is relatively little evidence available to the Tribunal to reach a particularly informed decision on the issue of contribution. The only witness directly involved in construction was Mr...

4. Shaw v Ngati Huarere Ki Whangapoua - Ngati Pu representation (2016) 124 Waikato Maniapoto MB 3 (124 WMN 3) [pdf, 270 KB]

   ...Respondent Hearing: 1 December 2015 123 Waikato Maniapoto MB 54-147 dated 17 May 2016 Heard at Thames Appearances: Mr Hirschfeld for the applicant Mr Majurey for Ngāti Maru Judgment: 14 July 2016. DETERMINATION OF JUDGE M J DOOGAN, MR ROBERT KOROHEKE AND MR WAIHOROI SHORTLAND Copies to: Charl Hirschfeld, Ranfurly Chambers, PO Box 7728 Wellesley Street, Auckland 1141, charl

5. Zhang & Cao v Chen [2019] NZIACDT 11 (1 March 2019) [pdf, 150 KB]

   ...use of unlicensed staff. The latter was regarded as the most serious offence. [60] Another decision cited by Mr Turner is MSC v Scholes [2013] NZIACDT 71, where a penalty of $4,500 was ordered. While the complaint was regarded as concerning judgement and competence, there were serious elements involved including the use of unlicensed staff and a conflict of interest. [61] I find that a penalty of $3,000 reflects the level of incompetence and the breach of cl 20(a) of the Code fo...

6. LCRO 76/2018 HS v WA (19 February 2019) [pdf, 175 KB]

   ...view on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. [30] More recently, the High Court has described a review by this Office in the following way:6 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determ...

7. LCRO 68/2016 ZA v YB (23 May 2019) [pdf, 202 KB]

   ...view on the evidence before her. Nevertheless, as the Guidelines properly recognise, where the review is of the exercise of a discretion, it is appropriate for the Review Officer to exercise some particular caution before substituting his or her own judgment without good reason. [26] More recently, the High Court has described a review by this Office in the following way:13 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee deter...

8. Registrars Report 2015-2016 [pdf, 541 KB]

   ...December 2015, shortly after the declining of consent by the Court, and before the Court had considered applications for cost, the applicants (Waiheke Marinas Limited), were placed into liquidation by shareholder resolution. In February 2016 a cost judgment was issued awarding costs to the parties including the Auckland Council and a sum that represented costs to the Crown. At the time of writing this report, it's unclear what likelihood there is for recovery of costs by the parties i...

9. Te Manutukutuku Issue 37 [pdf, 5.7 MB]

   ...specialising in water and soil engineering. He is Na Ian Shearer married with four children and also has two mokopuna. Acting Director Fisheries decision endorses Tribunal On 30 April, Lord Cooke of Thomdon delivered the COUl't of Appeal's judgement fOl' the Te Runanga 0 Muriwhenua vs Te Ro­ nanga Nui 0 Te Upolw 0 te 11m Association Inc Appeal Case, In its decision that the allocation of com­ mercial fisheries quota should go to all Maori, the Court of Appeal endor...

10. 2022-03-10-Recusal-reasons-decision.pdf [pdf, 144 KB]

    ...that individual could be significant in the decision of the case … or if, for any other reason, there were real ground for doubting the ability of the judge to ignore extraneous considerations, prejudices and predilections and bring an objective judgment to bear on the issues before him … In most cases, we think, the answer, one way or the other, will be obvious. But if in any case there is real ground for doubt, that doubt should be resolved in favour of recusal. [42] If my recus...