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1. [2025] NZEmpC 179 VXO v Health New Zealand Te Whatu Ora (Judgment of Judge J C Holden 18 August 2025) [pdf, 168 KB]

   ...by Health New Zealand 1 VXO v Health New Zealand – Te Whatu Ora [2025] NZEmpC 114. of approximately $105,000.2 It therefore applies for an order that VXO pay it $86,876.50 for costs. [3] VXO filed submissions and an affidavit in response to the application. He has applied to the Court of Appeal for leave to appeal the substantive judgment and submits that the issue of costs should be deferred until the outcome of the appeal, with no order for costs being made at thi...

2. Trust law reform

   ...trustees must carry out under law requirements for managing trust information and disclosing it to beneficiaries clear rules around trustee liability.  Clarifying the trustee role could mean in practice trustees need to widen their current level of responsibility. For example, the Act makes it clear that trustees need to be actively involved in trust administration. A trustee will also need to proactively disclose information in some cases. The Act makes it easier to administer trusts The...

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3. Case management process

   ...of that matter. Case management discussions Following an adjournment to case review, the defendant’s lawyer and the prosecutor must discuss the purpose of progressing the case and must jointly complete the CMM. In cases where the Crown has assumed responsibility for the proceedings pursuant to the Crown Prosecutions Regulations 2013, it will be the Crown prosecutor who engages in the discussions with the defendant’s lawyer. The Act is deliberately silent as to how case management discussio...

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   3. Criminal Procedure Act

4. 2011 Decisions of public interest

   ...Relations Act 2000, as amended with effect from 1 April 2011. Change from "would" to "could" in s 103A held to be neither ineffectual nor insignificant. Court held that the legislation contemplates that there may be more than one fair and reasonable response that might justifiably be applied by a fair and reasonable employer in all the circumstances. Amended s 103A confirms the need for an objective approach and the requirement for procedural fairness, while expressing that minor error will not...

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   2. Judgments >
   3. Decisions of public interest

5. Auckland District Law Society v Faleauto [2010] NZLCDT 2 [pdf, 144 KB]

   ...The principles in Bolton v Law Society1 support the application of the ultimate professional sanction, striking off, as appropriate in this case. In the particular circumstances of the charges proven against Mr Faleauto such a penalty is the only response appropriate to protect the public and to ensure the integrity of the profession is upheld. 1 [1994] 2 All ER 486 4 Orders 17 This Tribunal orders; The...

6. BN v U Ltd [2025] NZDT 158 (6 May 2025) [pdf, 172 KB]

   ...is entitled to the refund that he claims. That is because, in my view, the helmet itself was not defective. BN has not complained about its quality, or usefulness as a helmet, but the fact that it does not fit him. I do not think that U Ltd can be responsible for that. BN himself tried on the helmet, and decided that the size was right for him before he purchased it. I do not think that U Ltd was obliged to measure his head, or to take any further steps to ensure that the helmet fitted BN....

7. [2025] NZEmpC 220 A Labour Inspector v Dao (No 9) [pdf, 190 KB]

   ...if the applicant continues to oppose the release of funds for the purposes of legal fees: (a) it will file a memorandum in support of its opposition within two days of receipt of the affidavits; (b) the respondents will file any memorandum in response within two days of receipt of the applicant’s memorandum; (c) the Court will make a decision on the papers. [20] A review hearing will be held, if necessary, at 9.30 am on Thursday 4 December 2025. The following timeta...

8. Ministerial Advisory Group for Victims of Retail Crime

   ...opportunities relating to the detection, prevention, and deterrence of retail crime the experiences, interests, and needs of victims of retail crime and the ways they could be better supported and protected overseas developments, particularly novel and emerging responses to retail crime from other jurisdictions whole-of-society issues that may drive retail crime and require cross-agency collaboration significant policy reviews (including at the scoping and recommendation stages) relating to ret...

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9. N Ltd v L Ltd [2025] NZDT 234 (10 July 2025) [pdf, 202 KB]

   ...the building and therefore the property of the landlord. If LI had intended otherwise, I find he had the obligation to make it clear in the Agreement for Sale and Purchase that something of this nature was included in the sale and would not be his responsibility. CI0301_CIV_DCDT_Order Page 2 of 3 8. As I have found the pump is part of the drainage system and the property of LI, his liability must now be considered under the Lease. Clause 11 states the landlord shall keep and main...

10. Wellington Standards Committee 1 v Shahzad [2025] NZLCDT 43 (6 October 2025) [pdf, 85 KB]

    ...wrongdoing; that publication of aspects of his case will be traumatic and adversely affect his health; and that publication will destroy his future employment prospects. The Standards Committee was squeezed for time in filing its submissions in response because Mr Shahzad obtained a late extension to file additional material. Despite the tight timeframe imposed on it, the Standards Committee has highlighted the shortcomings of Mr Shahzad’s application. We deal with each submiss...