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1. 2017 Decisions of public interest

   ...Perkins, 28 July 2017) LEAVE TO EXTEND TIME TO FILE STATEMENT OF DEFENCE – case law examined – relevant principles considered – close consideration of merits unwarranted due to administrative error – application granted. [2017] NZEmpC 88 AFT in the matter of an application for access to Court documents (Judgment by Judge M E Perkins, 19 July 2017) ACCESS TO COURT DOCUMENTS – application for access to Court file by applicant who is not a party to those proceedings – grounds for appli...

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2. Recommendations recap - issue 7 [pdf, 1.4 MB]

   ...Executive of the New Zealand Police, Department of Corrections, Ministry of Health, Ministry of Justice, New Zealand Customs Service, and the Department of Prime Minister and Cabinet. The Committee’s Terms of Reference encompass all drug related matters including: tobacco, alcohol, illegal and other drugs (including volatile substances). At its recent meeting late last month, the IACD discussed the issue of volatile substance abuse via inhalation and your respective reports. The Co...

3. [2021] NZACC 181 – Tonga v ACC (8 November 2021) [pdf, 308 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 181 ACR 52/19 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 162 OF THE ACT BETWEEN SOSAIA TONGA Applicant AND ACCIDENT COMPENSATION CORPORATION First Respondent AND ALLIANCE GROUP LIMITED Second Respondent Appearances: Mr A Beck for the Applicant Mr C Hlavac for the First Respondent Mr P Winter fo...

4. [2018] NZEmpC 76 Marx v Southern Cross Campus Board of Trustees [pdf, 382 KB]

   SANDRA MARX v SOUTHERN CROSS CAMPUS BOARD OF TRUSTEES NZEmpC AUCKLAND [2018] NZEmpC 76 [9 July 2018] IN THE EMPLOYMENT COURT AUCKLAND [2018] NZEmpC 76 EMPC 200/2017 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN SANDRA MARX Plaintiff AND SOUTHERN CROSS CAMPUS BOARD OF TRUSTEES Defendant Hearing: 12, 14, 15, 16 and 19 March 2018 (Heard at Auckland) Appearances: S Mar...

5. Argyle v Macdee McLennan Construction Ltd & Ors [2012] NZWHT Auckland 30 [pdf, 361 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2010-101-000037 [2012] NZWHT AUCKLAND 30 BETWEEN SIMON WRIGHT AND CHRISTINE ARGYLE Claimants AND MACDEE MCLENNAN CONSTRUCTION LIMITED First Respondent AND DUNCAN MCLENNAN Second Respondent AND PORIRUA CITY COUNCIL Third Respondent AND ALAN HEATHCOTE (Removed) Fourth Respondent AND COLIN PROUSE Fifth Respondent AND GERRY KNOL Sixth Respondent Hearing: 23 June 2011 Appearances: Richard Johnstone

6. [2012] NZEmpC 202 Cruickshank v CE of Unitec Institute of Technology [pdf, 446 KB]

   GARRY WAYNE CRUICKSHANK V THE CHIEF EXECUTIVE OF UNITEC INSITUTE OF TECHNOLOGY NZEmpC AK [2012] NZEmpC 202 [30 November 2012] IN THE EMPLOYMENT COURT AUCKLAND [2012] NZEmpC 202 ARC 108/09 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN GARRY WAYNE CRUICKSHANK Plaintiff AND THE CHIEF EXECUTIVE OF UNITEC INSITUTE OF TECHNOLOGY Defendant Hearing: 3-4 and 6-7 May, 6-7 July 2010, 27 February 2012 And by

7. McElroy & Ors as Trustees of the Shona and Roger McElroy Family Trust v Lay [pdf, 284 KB]

   UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER of an adjudication BETWEEN SHONA KAY McELROY, ROGER IAN McELROY and RUSSELL STUART MELVILLE as Trustees of the Shona and Roger McElroy Family Trust Claimants AND No First or Second Respondents AND STEPHEN BRIAN LAY Third Respondent AND JESSOP TOWNSEND LIMITED Fourth Respondent AND AUCKLAND CITY COUNCIL Fifth Respondent AND ARCHITECTURAL WATERPROOFING LIMITED (in Liquidation

8. [2007] NZEmpC WC 12B/07 Credit Consultants Debt Services NZ Ltd v Wilson & Anor [pdf, 108 KB]

   ...confidential information including full client lists, client revenue, costings, levels of activity between the clients and the company, and complete supplier lists and agreements although Mr Wilson said that his knowledge about these matters was limited to the Wellington and Palmerston North areas. He maintained that he had had no experience in the Auckland region where he attended only one client function 3 or 4 years ago. Mr Wilson told the Court that, while Credit Con...

9. LCRO 160/2016 ET v NE (23 May 2019) [pdf, 203 KB]

   ...his usual practice, which was to ask for $15,000 initially to review the file and initiate the process. [37] Mr NE attached an email he had sent to Mr OC on 27 July 2015 asking what security Mr OC held in his trust account in respect of Mr ET’s matter, and Mr OC’s reply saying he had asked Mr ET to pay $10,000 into his trust account. [38] Mr NE also referred to an email Mr OC had sent to Mr ET telling him that Mr NE had estimated his fee at a maximum of $10,000. Mr NE says that...

10. MFE-You-Mediation-and-the-Environment-Court.pdf [pdf, 673 KB]

    ...parties fully understand what they are agreeing to. Mutual respect The process allows the parties (including the mediator) to develop trust and confidence in themselves, in each other, and in the process. Flexible outcomes If you want, you can discuss matters apart from the appeal during the mediation process – for example, you might want to talk about your business or personal relationships with the other parties. This openness can increase the chances of a satisfactory resolution and ev...