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1. BORA Civil Aviation Amendment Bill [pdf, 20 KB]

   ...international flights. The Bill also re-enacts provisions of the Carriage by Air Act 1967 relating to liability for delay in a domestic air service. ISSUES OF CONSISTENCY WITH THE BILL OF RIGHTS ACT Section 27(1) Observance of the principles of natural justice 4. Clause 7 of the Bill inserts a new Part into the Civil Aviation Act relating to the mutual recognition agreement. New section 11C of the Act would enable the New Zealand Director of Civil Aviation to issue a temporary stop n...

2. Shortland v Tipene - Motatau 2 Section 34A1 (2015) 114 Taitokerau MB 212 (114 TTK 212) [pdf, 178 KB]

   ...[17] The principles concerning the grant of an interim injunction are settled. The applicant must show that: 4 (a) There is a serious question to be tried; (b) The balance of convenience is in the applicant's favour; and (c) The overall justice of the case supports the grant of an injunction. Discussion Is there a serious question to be tried? [18] In determining whether there is a serious question to be tried, it is necessary to consider the allegations before the Court,...

3. EI & OI v TS & NS [2023] NZDT 477 (28 August 2023) [pdf, 336 KB]

   ...decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised...

4. M Ltd v G Ltd [2024] NZDT 561 (24 July 2024) [pdf, 189 KB]

   ...3. G Ltd contended at the hearing that they sent the amended invoice to M Ltd, through a sales email that they had previous used and was loaded on their [Software] account. DC, the representative for M Ltd, through whom communications regarding the matter were being made, did not receive the amended invoice. In the intervening period, the car experienced a further fault and M Ltd refunded the purchaser the full price paid for the car. 4. On 13 January 2023, M Ltd arranged for the [veh...

5. Lamberth - Heru Te Kaumaiwa Manning Whānau Trust [2014] Chief Judge's MB 365 (2014 CJ 365) [pdf, 314 KB]

   ...going into a treatise on the grounds for a rehearing it can be said that there are normally two grounds which will substantiate an application for rehearing. The first is some procedural defect which denies to one party his full right to natural justice. The second is the availability of further evidence which is material to the proceedings and could not reasonably have been adduced by the applicant for rehearing at the original hearing. [10] The Maori Appellate Couti decision of He...

6. XQ v T Ltd [2022] NZDT 85 (8 February 2022) [pdf, 214 KB]

   ...decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised...

7. [2025] NZEmpC 87 ELG v KLE (No 7) [pdf, 191 KB]

   ...referred to earlier, a full Court considered the power to order non- publication in Spiga. The majority in that case held that the general principle applying in this Court is the one stated by the Supreme Court in Erceg v Erceg,6 namely that open justice is of fundamental importance.7 In Erceg, the Court held that open justice may be departed from but only to the extent necessary to serve the ends of justice. It concluded that there must be sound reasons for making an order for non-...

8. LCRO 122/2025 MA v HP (30 September 2025) [pdf, 182 KB]

   ...Committee’s decision to Mr MA on 5 June 2025, by email. [16] No issue has been taken with the manner (i.e. by email) in which the Committee’s decision was served on Mr MA. Email is a common, if not the most 5 commonly used, mode of service in matters that come before the Complaints Service and this Office. [17] This mode of communication is consistent with the provisions of the Contract and Commercial Law Act 2017, which at s 211(a) provides that “information is not denied...

9. MT & SC v UC [2025] NZDT 224 (18 June 2025) [pdf, 155 KB]

   ...party is entitled to be put back into the position they would have been in if the breach had not occurred. 15. I find SC and MT are entitled to compensation of $11,024.00. 16. That sum comprises component awards about a range of different matters claimed by SC and MT, which are detailed in the following paragraphs. 17. $2,000.00 is sought for the failure to give late settlement. Having considered the following factors, I award $500.00 for this part of the claim: a. MT and...

10. [2024] NZEmpC 75 Opai v Commissioner of Police [pdf, 161 KB]

    MELISSA OPAI v THE COMMISSIONER OF POLICE [2024] NZEmpC 75 [13 May 2024] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2024] NZEmpC 75 EMPC 116/2024 IN THE MATTER OF an application for leave to extend time to file a challenge to a determination of the Employment Relations Authority BETWEEN MELISSA OPAI Plaintiff AND THE COMMISSIONER OF POLICE Defendant Hearing: On the papers Appear...