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1. [2022] NZEmpC 145 Pilgrim v Attorney-General [pdf, 940 KB]

   ...That might, in part, be informed by the fact that the well-resourced employer was best placed, if it took issue with the employee’s version of events, to lead relevant evidence through its own witnesses. Ultimately the Court’s task is to do justice as a matter of equity and good conscience — and the route to a just and equitable outcome may vary from case to case. Inadmissible opinion [100] A further ground of objection relates to “inadmissible opinion”, which the seco...

2. Derringer Trust v Upton [pdf, 19 KB]

   ...spouting correctly. He noted internal damage as a result of the leaks. [14] The assessor attended during the repairs and noted the need for the dwelling to comply with the newer requirements for weathertightness. [15] The assessor noted other matters, including poor design and lack of workmanship in regard to a number of features. I accept that these amounted to 20% of the value of the necessary repairs. [16] Mike Antecich also prepared an expert’s report. In it he outl...

3. BORA Juries (Jury Service and Protection of Particulars of Jury List Information) Amendment Bill [pdf, 368 KB]

   ...Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omiss...

4. BORA Oaths Modernisation Bill [pdf, 290 KB]

   ...of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions....

5. Marsden - Waikawa Village Sec 1B2A (2003) 102 South Island MB 91 (102 SI 91) [pdf, 257 KB]

   ...have never sold any land which they have inherited or succeeded to and do not intend to sell any other land. They are in fact retaining other interests in Maori land for the benefit of future generations. Counsel concluded that in the interests of justice, where the primary objectives of the Act cannot be met, the Court should resort to a fall back position of giving effect to the wishes of the owners. Decision Although there are several applications before the Court, they all stem f...

6. [2019] NZEmpC 164 Packwood v ANZ Bank New Zealand Ltd [pdf, 202 KB]

   ...her case, it was also apparent she did not have an accurate appreciation of some of the legal concepts involved. However, she exercised a right to represent her own interests, and she should not be penalised for doing so. This is an access to justice issue. [24] Turning to the position of ANZ, this is not a case where the financial circumstances of the successful party are relevant. However, I do take into account the costs it incurred. This was regrettable because after the cha...

7. BU v SI Ltd [2015] NZDT 1460 (10 September 2015) [pdf, 183 KB]

   ...changed back onto the car if the spare tyre is more marginal. If the previously-spare tyre is in good condition and is left on the car, a professional repairer should probably check the torque on his or her own initiative. However, it is quite another matter to suggest that the customer should know to request that the torque be checked, or should be blamed if the professional fails to check the torque. 8. The Serious Crash Unit report notes that ZN’s flat tyre had been repaired (presuma...

8. [2023] NZEnvC 039 Aratiatia Livestock Limited v Southland Regional Council [pdf, 253 KB]

   pSWLP – STAY IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2023] NZEnvC 39 IN THE MATTER of the Resource Management Act 1991 AND of appeals under clause 14 of the First Schedule of the Act BETWEEN ARATIATIA LIVESTOCK LIMITED (ENV-2018-CHC-29) (and all other appellants listed in the Schedule attached) AND SOUTHLAND REGIONAL COUNCIL Respondent Court: Environment Judge J E Borthwick sitting alone under s 279 of the A...

9. 2022 Decisions of public interest

   ...Fechney v Employment Relations Authority (Judgment of Judge J C Holden, 23 March 2022) APPLICATION FOR JUDICIAL REVIEW – Employment Relations Act 2000, s 184 restricts grounds of review for Employment Relations Authority determinations – natural justice not a ground of review – no bad faith by Employment Relations Authority – application declined. [2022] NZEmpC 48 E Tu Inc v Mount Cook Airline Ltd (Judgment of Judge K G Smith, 18 March 2022) MINIMUM WAGE ACT – SLEEPOVER – whether ca...

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10. 10.5 Appendix E: Media and Reporting Protocol in the Youth Court

    ...may be willing to assist in ensuring that a report is accurate and complies with s 438 of the Act; there is no objection to an intended report being submitted to a Youth Court Judge on that basis. If leave is given to publish, then there are certain matters under s 438(3) of the Act that are absolutely prohibited, and which cannot ever be published. A Judge does not need to order suppression of these details as they are automatically suppressed. A Judge can never approve publication of these de...

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    5. Media guide for reporting the courts and tribunals: Edition 4.1 >
    6. 10.0 Appendices