Search Results

1. [2025] NZREADT 30 – C v REAA & KT & D Ltd (30 July 2025) [pdf, 247 KB]

   ...he did not appeal the Ruling. He is also critical of the Tribunal’s process in permitting further submissions from the second and third respondents. However, Mr C was given the right of reply.14 We expressly reject the allegation of any pre-judgement of the appeal or bias in favour of the licensed respondents. [37] Four substantive issues are raised by Mr C in the appeal. We will deal with each in turn, though they overlap. Failure to market in client’s best interests...

2. [2017] NZEnvC 090 Pierau v Auckland Council [pdf, 2.1 MB]

   ...presence of adverse effects on the ecology, particularly the rare and endangered bird species, of anything like the potential effects from the proposal applying a precautionary approach in that respect. The effects from the proposal would in our judgment be strikingly different, indeed discordant (especially at night) from those activities in the present and likely future environment. [75] Under s104(1)(a) RMA we must, subject to Part 2 of the Act, have regard to any actual and pote...

3. [2017] NZEnvC 090 Pierau v Auckland Council [pdf, 2.1 MB]

   ...presence of adverse effects on the ecology, particularly the rare and endangered bird species, of anything like the potential effects from the proposal applying a precautionary approach in that respect. The effects from the proposal would in our judgment be strikingly different, indeed discordant (especially at night) from those activities in the present and likely future environment. [75] Under s104(1)(a) RMA we must, subject to Part 2 of the Act, have regard to any actual and pote...

4. {2017] NZEmpC 15 Spotless Facility Services NZ Ltd v Mackay [pdf, 143 KB]

   ...LIMITED Plaintiff AND ANNE MACKAY Defendant Hearing: (on submissions dated 5 and 14 December 2016, and 30 January 2017) Appearances: G Ballara, counsel for the plaintiff R Boulton, counsel for the defendant Judgment: 22 February 2017 JUDGMENT (NO 2) OF JUDGE B A CORKILL Introduction [1] In a judgment of 21 November 2016, I considered an allegation brought by Ms Anne Mackay that she had been constructively dismissed by her employ...

5. Wilson - Oue 2B 2C [2025] Chief Judge's MB 185 (2025 CJ 185) [pdf, 976 KB]

   ...Nohoanga: Hearing 14 June 2019, 2019 Chief Judge’s MB 849-870 (Heard at Whangarei) 26 March 2024, 2024 Chief Judge’s MB 370-395 19 June 2024, 2024 Chief Judge’s MB 1439-1443 (Heard at Wellington via zoom) Whakataunga: Judgment date 28 January 2025 TE WHAKATAUNGA Ā KAIWHAKAWĀ MATUA C L FOX Judgment of Chief Judge C L Fox 2025 Chief Judge's MB 186 Hei tīmatanga kōrero Introduction [1] This...

6. [2011] NZEmpC 36 Zhou v CE of DOL [pdf, 232 KB]

   ...Counsel: Rodney Harrison QC and Deborah Manning, counsel for plaintiff Joanna Holden and Andrew Gane, counsel for defendant Una Jagose, counsel for the Director of New Zealand Security Intelligence Service (appearing and heard by leave) Judgment: 15 April 2011 A. The defendant is directed to give the further particulars of his defence in an amended statement of defence and to answer the interrogatories set out in the judgment, both within 30 days of the date of this judgment....

7. Paenga v Te Maari - succession to Eileen Te Atakura Kingi (2020) 425 Aotea MB 248 (425 AOT 248) [pdf, 266 KB]

   ...2018, 386 Aotea MB 267-294 16 May 2017, 369 Aotea MB 230-235 9 February 2017, 64 Tairāwhiti MB 280-288 (Heard at Whanganui and Hastings) Kanohi kitea: Appearances B Gilling for Applicant E Unsworth for Respondent Whakataunga: Judgment 23 December 2020 TE WHAKATAUNGA Ā KAIWHAKAWĀ L R HARVEY Judgment of Judge L R Harvey Copies to: Dr B Gilling, Mahoney Horner Lawyers, P O Box 24515, Wellington bryan.gilli...

8. [2025] NZEmpC 114 VXO v Health New Zealand Te Whatu Ora [pdf, 329 KB]

   ...– TE WHATU ORA (IN RESPECT OF THE FORMER NORTHLAND DISTRICT HEALTH BOARD) Defendant Hearing: 7 – 10 October 2024 (Heard at Whangārei) Appearances: VXO, plaintiff in person D Grindle, counsel for the defendant Judgment: 9 June 2025 JUDGMENT OF JUDGE J C HOLDEN Table of Contents This judgment resolves two challenges ................................................................. [1] NDHB commenced an investigation ................

9. [2011] NZEmpC 7 Smith v Life to the Max Horowhenua Trust [pdf, 94 KB]

   ...THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN MARGARET SMITH Plaintiff AND LIFE TO THE MAX HOROWHENUA TRUST Defendant Hearing: by memoranda filed on 3 and 22 December 2010 Judgment: 8 February 2011 COSTS JUDGMENT OF JUDGE A D FORD [1] I concluded my judgment in this case, dated 15 November 2010, with the following statement in relation to costs: 1 [35] In all the circumstances, my preliminary view is...

10. Monschau v Bamber – Tahorakuri A No1 Section 33A2 (2015) 125 Waiariki MB 260 (125 WAR 260) [pdf, 208 KB]

    ...Section 18(1)(a), Te Ture Whenua Māori Act 1993 IN THE MATTER OF Tahorakuri A No 1 Section 33A2 – Ahu Whenua Trust SHANE MONSCHAU and HARRY TE NGARU Applicant AND BRUCE BAMBER and KATHLEEN BAMBER Respondents Judgment: 13 August 2015 RESERVED JUDGMENT OF JUDGE P J SAVAGE Solicitors: Mr Michael Sharpe, MJC Legal Limited, PO Box 6083, Rotorua 3043 Email: michael@michaelsharp.co.nz Mr Curtis Bidois, East Brew...