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1. [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...

2. 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...

3. [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...

4. 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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5. 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

6. CAC20004 v Vessey [2015] NZREADT 46 [pdf, 167 KB]

   ...sabotage having been effected in the heat of the moment, it was a calculated activity by the defendant flowing from his dissatisfaction over business issues with the complainants. He stressed that the defendant did not assist in any way in remedying matters but rather denied the offending until the course of the hearing before us on 2 December 2014. [11] Mr Hodge also put it that the suggestion from the defendant (through his counsel) that compensation to the complainants would contain...

7. AAD v ZZW LTD [2009] NZDT 9 (9 June 2009) [pdf, 70 KB]

   ...the conciliation process. Some of the evidence not put to the Company gave rise to the inference of serious allegations against the Company (e.g., taking of milk to feed calves, improper retention of stock sale proceeds). In relation to two minor matters, invoices were charged to the Company in error. If AAD had gone back to the Company to check all her evidence, this would not have occurred. Whilst minor, these errors added to the overall impression that the proposal was not even-h...

8. BORA Video Camera Surveillance (Temporary Measures) Bill [pdf, 320 KB]

   ...of crime) against any intrusions on individual interests (the reasonable expectation of privacy). [7] • Reasonableness can only be assessed in light of the facts and circumstances of a particular case. It will depend upon both the “subject matter” and the unique combination of “time, place and circumstance” of a particular case. [8] A search is unreasonable if the circumstances giving rise to it make the search itself unreasonable or if a search which would otherwise be...

9. BORA Births, Deaths, Marriages, and Relationships Registration Amendment Bill [pdf, 316 KB]

   ...verification of information relating to births, deaths, marriages, civil unions, name changes, adoptions and sexual assignments and reassignments so as to provide: • a source of demographic information, and information about health, mortality, and other matters important for government; and • an official record of births, deaths, marriages, civil unions, and name changes that can be used as evidence of those events and of age, identity, descent, whakapapa, and New Zealand citizensh...

10. BORA Employment Standards Legislation Bill [pdf, 233 KB]

    ...18. The strict liability offences introduced by the Bill can be defended by proving an absence of fault on the balance of probabilities. In our view, the strict liability offences in the Bill can be justified as these offences turn on particular matters that are peculiarly within the knowledge of the defendant. [6] We consider that it is easier for the defendant to explain why he or she failed to comply with the requirement than it is for the Crown to prove the opposite. 19. We also no