Search Results

1. [2015] NZEmpC 107 Zespri International Ltd v Yu interlocutory [pdf, 146 KB]

   ...JOSEPH YU Defendant Hearing: 22 June 2015 and by written memoranda filed on 6 and 7 July 2015 (Heard at Auckland) Appearances: M Richards and C Loughlin, counsel for plaintiff P Skelton QC, counsel for defendant Judgment: 8 July 2015 INTERLOCUTORY JUDGMENT OF CHIEF JUDGE G L COLGAN [1] The first issue for decision on this interlocutory judgment is whether the Zespri International Limited’s (Zespri’s) non-de novo challenge to a complianc...

2. Regulatory Impact Statement child witnesses in the criminal courts proposed reforms [pdf, 258 KB]

   ...emotions. Research clearly indicates that the truth or accuracy of a witness’ evidence is not related to their demeanour.9 If jury decisions are influenced by witness demeanour then there is a risk that they will be less likely to make the best judgement from the evidence presented. Issue  Some areas of the criminal justice system treat child victims and child witnesses differently.  Providing additional support to child witnesses in practical ways could improve their experi...

3. [2021] NZACC 150 – Turnbull v ACC (30 September 2021) [pdf, 332 KB]

   ...SECTION 149 OF THE ACT BETWEEN D TURNBULL Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 11 May 2021 Heard at: Dunedin/Ōtepoti Appearances: Mr Sara for the appellant Mr Hunt for the respondent Judgment: 30 September 2021 ________________________________________________________________________ RESERVED JUDGMENT OF JUDGE DENESE HENARE [Claim for cover for a personal injury, Accident Rehabilitation and Compensation Insuranc...

4. [2022] NZACC 154 — Byles v ACC (16 August 2022) [pdf, 366 KB]

   ...SECTION 149 OF THE ACT BETWEEN KENNETH BYLES Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 8 August 2022 Held by AVL Appearances: B Hinchcliff for the Appellant F Becroft for the respondent Judgment: 16 August 2022 RESERVED JUDGMENT OF JUDGE P R SPILLER [Claim for cover – ss 25-26; weekly compensation and suspension of entitlements - s 117(1), Accident Compensation Act 2001] Introduction [1] These are appeals from:...

5. [2022] NZCAA 01 (28 February 2022) [pdf, 338 KB]

   ...time". The Court of Appeal concluded:21 The expression "as a condition of the sale of goods ..." is necessarily wider than "as a condition of the contract of sale of the goods". It is that wider effect that is reflected in the judgments in Adidas and in cases in other jurisdictions. Here, as there, when the true nature of the arrangements is looked at the royalty was payable as a condition of the sale for export (Henry J) and the situation can properly be se...

6. [2025] NZEmpC 179 VXO v Health New Zealand Te Whatu Ora (Judgment of Judge J C Holden 18 August 2025) [pdf, 168 KB]

   ...AND HEALTH NEW ZEALAND – TE WHATU ORA (IN RESPECT OF THE FORMER NORTHLAND DISTRICT HEALTH BOARD) Defendant Hearing: On the papers Appearances: VXO, plaintiff in person D Grindle, counsel for defendant Judgment: 18 August 2025 COSTS JUDGMENT OF JUDGE J C HOLDEN [1] This judgment resolves Health New Zealand – Te Whatu Ora’s application for costs for this proceeding.1 [2] Although Health New Zealand submits it would have been...

7. [2009] NZEmpC AC 14/09 Johnson v Gilligan Business School Ltd [pdf, 21 KB]

   ...to a determination of the Employment Relations Authority BETWEEN CATHY JOHNSON Plaintiff AND GILLIGAN BUSINESS SCHOOL LIMITED Defendant Hearing: By Memoranda of submissions filed on 23 January, 25 February and 6 and 20 March 2009 Judgment: 3 April 2009 JUDGMENT OF JUDGE B S TRAVIS [1] The plaintiff has challenged a determination of the Employment Relations Authority which ordered the plaintiff to pay $3,750 costs to the defendant. This was said by the Aut...

8. [2024] NZEmpC 164 EMPC 363-2021 EMPC 85-2022 Courage & Ors-Pilgrim & Ors v Attorney-General & Ors - Interlocutory Judgment [pdf, 179 KB]

   ...Appearances: B P Henry, counsel for plaintiffs A Boadita-Cormican, counsel for first defendant P Skelton KC and C Pearce, counsel for second, third and fourth defendants R Kirkness, counsel to assist the Court G Baber for New Zealand Police Judgment: 30 August 2024 INTERLOCUTORY JUDGMENT (NO 15 FOR EMPC 363/2021 AND NO 36 FOR EMPC 85/2022) OF CHIEF JUDGE CHRISTINA INGLIS (Applications to access Court documents) Introduction [1] An application has been made by...

9. [2018] NZEmpC 86 Ports of Auckland Ltd v Maritime Union of NZ Inc [pdf, 374 KB]

   ...ZEALAND INC Defendant Hearing: 9 and 10 May 2018, submissions filed 18 and 25 May 2018 (Heard at Auckland) Appearances: J Billington QC and J Mills, counsel for plaintiff S Mitchell and J Lynch, counsel for defendant Judgment: 31 July 2018 JUDGMENT OF JUDGE M E PERKINS Introduction [1] These proceedings involve a challenge to a determination of the Employment Relations Authority (the Authority) dated 10 November 2017.1 The employment r...

10. [2019] NZEmpC 196 A v N Ltd [pdf, 130 KB]

    ...THE MATTER OF an application as to costs BETWEEN A Plaintiff AND N LIMITED Defendant Hearing: On the papers Appearances: S R Fraser, counsel for plaintiff M Beech, counsel for defendant Judgment: 19 December 2019 COSTS JUDGMENT OF JUDGE M E PERKINS [1] On 17 September 2019 this Court issued a judgment on a non-de novo challenge.1 The challenge related to a determination of the Employment Relations Authority...