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1. Estate of Kearney v Accident Compensation Corporation (Leave to appeal to the High Court) [2025] NZACC 25 (17 February 2025) [pdf, 195 KB]

   ...Based on the above considerations, Mrs Tebbs Kearney has not established Judge Sinclair made any error of law capable of bona fide and serious argument. Even if the qualifying criteria had been made out, in consideration of the proper use of judicial resources and the finality of litigation, this Court would not have exercised its discretion to grant leave. Result [26] Accordingly, the application for leave to appeal is dismissed. [27] There is no issue as to costs arising from th...

2. [2025] NZEmpC 61 Faitala and Vea v The Pacific Island Business Development Trust [pdf, 178 KB]

   ...her from pursuing her claims. Further, she says the application is misconceived because Mr Faitala’s claims against the Trust arise from the same restructuring process and Authority determination. In addition, the Trust would expend the same resources and hearing time defending Mr Faitala’s claims as it would defending Mrs Vea’s and Mr Faitala’s claims together at the same hearing. Legal Principles [7] There is no express provision in the Employment Relations Act 2000...

3. [2024] NZEmpC 256 VGM v JXC [pdf, 185 KB]

   ...factors, including:12 8 Employment Relations Act 2000, s 180. 9 Duncan v Osborne Building Ltd (1992) 6 PRNZ 85 (CA) at 87. 10 Employment Court Regulations 2000, reg 64. 11 Grove v Archibald [1998] 2 ERNZ 125 (EmpC) at 128–129; and Bathurst Resources Ltd v L&M Coal Holdings Ltd [2020] NZCA 186, (2020) 25 PRNZ 341 at [19]. 12 Assured Financial Peace Ltd v Pais [2010] NZEmpC 50 at [5]; and Dymocks Franchise Systems (NSW) Pty Ltd v Bilgola Enterprises Ltd (1999) 13 PRNZ 48...

4. [2024] NZEnvC 263 North Canterbury Fish & Game Council v Canterbury Regional Council [pdf, 300 KB]

   FISH AND GAME & EDS v CRC & THE MINISTER FOR THE ENVIRONMENT IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 263 IN THE MATTER of the Resource Management Act 1991 AND an application for declarations under s311 of the Act BETWEEN NORTH CANTERBURY FISH AND GAME COUNCIL AND THE ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED (ENV-2023-CHC-138) Applicants AND CANTERBURY REGIONAL COUNCIL AND THE MINISTER FOR T...

5. N Ltd v ZM & DX [2024] NZDT 444 (23 April 2024) [pdf, 208 KB]

   ...intermeddling and exclusivity clauses contain a penalty component because the payment of the full year’s fees, without reduction, is not a genuine pre- estimate of loss because it does not factor in the savings to N Ltd of not having to expend time and resources in the performance of the contract. 21. NN pointed to various other Disputes Tribunal decisions as well as a District Court decision that he says uphold N Ltd’s right to charge the full commission for the year upon cancellati...

6. FO v SQ [2025] NZDT 19 (17 January 2025) [pdf, 128 KB]

   ...26. Although finely balanced I accept FO is entitled to the figure of $267.37, which I consider covers not only the opportunity cost of not receiving the money as promised, but also represents a reasonable contribution to the additional time and resources he will have to spend in selling the vehicle elsewhere. 27. Finally, FO claimed the $234.00 Disputes Tribunal filing fee. However, s 43 of the Disputes Tribunal Act 1988 states that costs associated with the proceedings, which inclu...

7. OIA-124266.pdf [pdf, 2.2 MB]

   ...Office would then draft the Order in Council. 10. Implementation steps would require updates to the relevant IT system (Jury Management System). It would also need a co-ordinated communication effort to manage updates to all the online, web and print resources and information for jurors, including places like the Community Law Centres, Citizen Advice Bureau or any others who are holding and displaying information about jurors’ fees. Next steps 11. We have included text on this proposal in...

8. Merso v Accident Compensation Corporation (Leave to Appeal to High Court) [2025] NZACC 096 [pdf, 216 KB]

   ...application for leave to appeal. [22] Ms Merso has not established Judge Spiller made any error of law capable of bona fide and serious argument. Even if the qualifying criteria had been made out, in consideration of the proper use of judicial resources and the finality of litigation, this Court would not have exercised its discretion to grant leave. The Court is not satisfied as to the wider importance of any contended point of law. Result [23] Ms Merso’s application for le...

9. Iseri v Pocock - Allotment 246D1 Waimana Parish (2024) 328 Waiariki MB 64 (328 WAR 64) [pdf, 223 KB]

   ...utilised more effectively as General land. [14] His desire is to develop the land for a holiday park/health hub with a large organic garden to provide respite for people and their families who are undergoing chemotherapy treatment. Ozgur obtained resource consent from the local council on 23 December 2023 to build five units on the park, however, he has faced financial difficulties and says he cannot secure further lending to finance the project without changing the status of the land...

10. [2007] NZEmpC AC 39A/07 Toll NZ Consolidated Ltd v Rowe [pdf, 102 KB]

    ...NZLR 580; (1990) 3 NZELC 97,486; [1989] 3 NZILR 276 at 278 [14] Section 103A also requires the Court to have regard to all the circumstances at the time. Among these are the employer’s contractual obligations to the employee and the resources available to the employer. In this case, Toll is a major transport company with an HR department, contracted health professionals, and policies to deal with the management of its employees’ health issues and disciplinary processes...