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1. [2019] NZEmpC 65 Rayner v Director-General of Health [pdf, 795 KB]

   ...AND AMANDA RAYNER Defendant Hearing: 9 – 12 and 17 April 2019 (heard at Christchurch) Appearances: A Oberndorfer and A Fechney, counsel for Mrs Rayner D Traylor, counsel for the Director-General of Health Judgment: 27 May 2019 JUDGMENT OF JUDGE B A CORKILL Introduction [1] Mrs Amanda Rayner was an investigator employed by The Ministry of Health (the Ministry). An online submission came to the attention of her managers via the...

2. CAC 304 v Chapman [2018] NZREADT 6 [pdf, 300 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2018] NZREADT 6 READT 022/15 IN THE MATTER OF A charge laid under s 91 of the Real Estate Agents Act 2008 BROUGHT BY COMPLAINTS ASSESSMENT COMMITTEE 304 AGAINST CHRISTOPHER CHAPMAN Defendant Hearing: 6 and 7 November, and 8 December 2017, at Christchurch Tribunal: Hon P J Andrews, Chairperson Mr G Denley, Member Ms C Sandelin, Member Appearances: Mr M

3. [2018] NZEnvC 111 Fright v Christchurch City Council [pdf, 7.8 MB]

   ...plans) as we understand their provisions have been given effect to in the operative District Plan 4 [9] The decision whether to grant or refuse an application for a discretionary activity is made under s 1048 of the Act and the decision entails a judgment that is informed by the matters set out in s 1045 Acknowledging this is an application for a discretionary resource consent, we adopt the approach taken by the Environment Court in Blueskin Energy Limited v Dunedin City Council6 at...

4. McGregor v Jensen [pdf, 89 KB]

   WEATHERTIGHT HOMES TRIBUNAL CLAIM NO. TRI 2008-100-94 BETWEEN JOAN McGREGOR, DAVID GRAHAM SMITH & JOHN PHILLIPS Claimants AND WILLIAM RAYMOND JOHN JENSEN (Bankrupt and therefore Removed) First Respondents AND ANDRE SCOTT KEMP-UPTON (Removed 16 October 2008) Second Respondent AND AUCKLAND CITY COUNCIL Third Respondent AND ROLLO ROOFING LIMITED (Removed 29 November 2007) Fourth Respondent AND MASTERBUIL

5. [2024] NZREADT 23 – CAC 2106 v Hu (29 July 2024) [pdf, 255 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2024] NZREADT 23 Reference No: READT 031/2022 IN THE MATTER OF Charges laid under s 91 of the Real Estate Agents Act 2008 BROUGHT BY COMPLAINTS ASSESSMENT COMMITTEE 2106 AGAINST KUN HU Defendant Hearing in Auckland on 12–14 February, 4 June 2024 Tribunal: D J Plunkett (Chair) G J Denley (Member) P N O’Connor (Member) Appearances: Counsel for the Committ

6. LCRO 154/2024 WK v QM (26 June 2025) [pdf, 256 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. [46] The High Court has also described an LCRO review in the following way:4 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled...

7. LCRO 10/2024 BV and XV v OQ (28 May 2025) [pdf, 298 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. [53] In a later decision, the High Court described a review by a Review Officer in the following way:9 [2] … A review by [a Review Officer] is neither a judicial review nor an appeal. Those seeking a rev...

8. National Standards Committee v Shand [2019] NZLCDT 2 [pdf, 3.2 MB]

   ...31 October 2016 which was the morning of the trial. Mr Bligh was not otherwise able to meet the costs of the trial. Mr Ferguson sought and was granted leave to withdraw from the proceedings. Later that day, Mr Bligh came to court by which time judgment had been entered in favour of EQC and IAG. [24] Subsequently on 16 May 2017, Mr Bligh was successful in having that judgment set aside and was granted reinstatement of the proceedings by Associate Judge Matthews. That decision was...

9. Miscarriage of justice - Scott Watson - K McDonald's supplementary advice March 2013 [pdf, 349 KB]

   ...the Mina Cornelia photograph was also a tactical decision. Asking Ms McNeilly about this photograph also carried risk. In my view there is no basis to question those decisions made by experienced counsel. They were matters for counsel' s judgement. Forensic Examination 85. Blade was seized by Police on 12 January 1998, and subjected to forensic examination. This revealed the vessel had been repainted since 1 January 1998, changing its colour. The defence maintained Mr Wats...

10. [2017] NZEmpC 117 Underhill v Coca-Cola Amatil NZ Ltd [pdf, 429 KB]

    ...KANE JOSEPH UNDERHILL Second Plaintiff AND COCA-COLA AMATIL (NZ) LIMITED Defendant Hearing: 12 June 2017 (Heard at Auckland) Appearances: K and T Underhill, plaintiffs in person B A Smith, counsel for defendant Judgment reissue: 29 September 2017 JUDGMENT OF JUDGE M E PERKINS Introduction [1] These proceedings involve interesting issues relating to the requirements of s 114(1) of the Employment Relations Act 2000 (the Act). A pr...