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1. CAC10056 v Ferguson [2013] NZREADT 30 [pdf, 22 KB]

   ...had a distinguished real estate career ...” [7] We do understand the hardship for the defendant to which he referred. The defendant then stressed that he took these charges seriously but seemed to be saying that he has been denied the truth of matters. He states that the process of this case has taken a massive toll on him and his family. He puts it that “we simply do not have the funds to fight the process or take action against those that have provided false statements to take p...

2. [2016] NZEmpC 46 Ngawharau v Porirua Whanau Centre [pdf, 72 KB]

   IRITANA HOROWAI NGAWHARAU v THE PORIRUA WHANAU CENTRE TRUST NZEmpC WELLINGTON [2016] NZEmpC 46 [2 May 2016] IN THE EMPLOYMENT COURT WELLINGTON [2016] NZEmpC 46 EMPC 14/2014 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN IRITANA HOROWAI NGAWHARAU Plaintiff AND THE PORIRUA WHANAU CENTRE TRUST Defendant Hearing: (on the papers by submissions filed on 1 July and 14 December 2015)...

3. [2014] NZEmpC 52 Ryan v Bryan [pdf, 62 KB]

   ...and Ms Bryan obtains a compliance order from the Authority or pursues other enforcement mechanisms against Mr Ryan, his challenge to the Authority’s determination may become effectively academic. [9] In these circumstances, the interests of justice require that an interim order staying execution or other enforcement of the Authority’s determination of 19 December 2013 is made. This will be as follows. [10] Until further order of the Court, Chanelle Bryan is not to commence...

4. BORA Te Hiku Claims Settlement Bill [pdf, 280 KB]

   ...respect of the interpretation and implementation of the Deed of Settlement or the Settlement legislation. 4 7.Legislative determination ought not conventionally to fall within the scope of judicial review. 5 However to the extent that any excluded matters could be susceptible to judicial review, the relevant clauses constitute a justified limit on the right affirmed by s 27 (2) of the Bill of Rights Act. Excluding subsequent challenge is a legitimate incident of the negotiated settlem...

5. [2018] NZEmpC 23 Propellor Property Investments Ltd v Elsegood [pdf, 135 KB]

   ...exercised judicially and according to principle. I note two key principles. There must be evidence before the Court justifying the exercise of the discretion. The overriding consideration in the exercise of the discretion must be the interests of justice. 2 North Dunedin Holdings Ltd v Harris [2011] NZEmpC 118. [9] When the Court comes to consider exercising its discretion under s 180 there are seven considerations that h...

6. BORA Ngāti Manuhiri Claims Settlement Bill [pdf, 286 KB]

   ...than in respect of the interpretation and implementation of the deed of settlement or the Act. 7. Legislative determination of a claim would not conventionally fall within the scope of judicial review [3]. However, to the extent that any excluded matters could be susceptible to judicial review, cl 14 constitutes a justified limit on the right affirmed by s 27(2) of the Bill of Rights Act [4]. Excluding subsequent challenge is a legitimate incident of the negotiated settlement of claims...

7. [2020] NZEmpC 47 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 337 KB]

   ...incurred by him after the Court’s judgment on the preliminary issue was released. Costs up to that stage have been dealt with.3 [5] The Court has a discretion in relation to costs.4 That discretion must be exercised in the interests of justice and in accordance with established principles. Since January 2016 the discretion has been assisted by a Guideline Scale.5 It is intended to support, as far as possible, the policy objective that fixing costs should be predictable, ex...

8. [2022] NZEmpC 191 McDermott v Employment Relations Authority [pdf, 172 KB]

   ...empowered to order any party to a proceeding to pay any other party such costs and expenses as are considered reasonable. [4] A costs award is discretionary. That discretion must, however, be exercised on a principled basis and in the interests of justice. The primary principles to apply in exercising that discretion are that costs follow the event and the unsuccessful party is to make a reasonable contribution to the costs incurred by the successful party.2 [5] The power confer...

9. [2024] NZEmpC 87 Hadfield v Atlas Concrete Judgment [pdf, 168 KB]

   SHANE HADFIELD v ATLAS CONCRETE LIMITED [2024] NZEmpC 87 [23 May 2024] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2024] NZEmpC 87 EMPC 123/2024 IN THE MATTER OF an application for leave to extend time to file a challenge to a determination of the Employment Relations Authority BETWEEN SHANE HADFIELD Applicant AND ATLAS CONCRETE LIMITED Respondent Hearing: On the papers Appear...

10. Regulatory Impact Statement Regulatory Regime for the new Alcohol Laws [pdf, 254 KB]

    | 1 Regulatory Impact Statement: Regulatory Regime for the new Alcohol Laws Agency Disclosure Statement This Regulatory Impact Statement (RIS) has been prepared by the Ministry of Justice. It sets out the options for the regulatory regime required to give effect to the Sale and Supply of Alcohol Act 2012, due to fully commence on 18 December 2013. One constraint on the analysis was the impact of the regulations supporting the definition of the principal busin...