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1. [2023] NZEmpC 189 Pretorius v Board of Trustees of Taupo Intermediate School [pdf, 285 KB]

   ...strongly in favour of the defendant’s interests where the plaintiff’s claim lacks merit. [16] Both parties strongly assert the merits of the case as being in their favour. [17] This proceeding arises in the context of the COVID-19 Public Health Response (Vaccinations) Order 2021 that came into effect at 11.59 pm on 25 October 2021 (the Order). The Order provided for mandatory vaccinations for education providers. As a science teacher at the School, Ms Pretorius was an “affe...

2. Guide-for-making-an-appeal-to-the-Taxation-and-Charities-Review-Authority.pdf [pdf, 330 KB]

   ...operates as a business group within the Department and the independent Charities Registration Board and ensures that entities continue to conduct charitable purposes and provide public benefit. Charities Services maintains the Charities Register and is responsible for supporting and monitoring charities. It makes decisions by delegation from the Chief Executive of the Department. These decisions relate to: • amendments to the charities register such as approval of a change of balance...

3. National Standards Committee 2 v Tingey [2023] NZLCDT 43 (10 October 2023) [pdf, 169 KB]

   ...that are imposed by professional disciplinary bodies. Those purposes can be summarised in the following way: (a) When deciding what penalty to impose upon a practitioner found guilty of a disciplinary charge, the Tribunal must bear in mind its responsibility to protect the public. This function has been stated on numerous occasions and is reflected in the purposes of the 2006 Act. (b) The Tribunal plays an important role in maintaining public confidence in the profession through...

4. [2025] NZEmpC 39 Alexander v Thorn [pdf, 185 KB]

   ...to file a challenge. His primary submission was that although his challenge is two months late, he was sick during that period. He has provided some medical certificates in support of that claim. He also claims that he was confused about his responsibilities to file documents, partially as a result of having either no advice or poor advice and partially as a result of being on the medication tramadol. In terms of failures to file documents on time in the context of the present a...

5. [2017] NZEmpC 74 Speed v Board of Trustees of Wellington Girls College [pdf, 121 KB]

   ...differences, there are common themes in both cases. Central to both of them are allegations that Wellington Girls did not comply with the Education Act or act in good faith in communications with the Council. Those actions are said to have been directly responsible not only for Mr Speed losing his employment, but also to him being in breach of his immigration visa, and ultimately for being deported. [27] Mr Bates’s primary submission was, however, that one or other proceeding...

6. [2024] NZEmpC 221 Total Property Services (Canterbury) Ltd v Crest Commercial Cleaning Ltd [pdf, 226 KB]

   ...extent of the information Total was required to supply to satisfy pt 6A.1 It held that Total eventually supplied sufficient information to Crest to meet its statutory obligation. However, it was not satisfied with the timeliness of Total’s response and decided that the company’s tardiness warranted a modest penalty. Total was ordered to pay a penalty of $1,000 to the Crown. [5] Subsequently, the Authority ordered Total to pay costs of the investigation meeting.2 The cha...

7. NN v OD v Z Ltd [2024] NZDT 797 (27 November 2024) [pdf, 274 KB]

   ...email that the insurance policy was with Z Ltd and they should contact them for the refund. CI0301_CIV_DCDT_Order Page 2 of 6 9. The applicants have made numerous attempts to follow up with Z Ltd since January 2024. They have either had no response or have been advised that the insurance company has not finalised the matter yet. 10. The applicants are seeking $6,322.50 which consists of $4,900.00 taken for the excess, $122.50 credit card surcharge, $234.00 for the Disputes...

8. [2024] NZREADT 29 - CS v REAA (3 September 2024) [pdf, 256 KB]

   ...paragraph 7 above to the Authority to ensure that weight was given to her version of events as to what was represented by her in relation to the operation of the heating system. [34] The applicant submitted that the licensee knew that the email was in response to a reminder from him (paragraph 6 above) that the licensee show the applicant specifically how to turn off the controls in specific rooms of the property. [35] The applicant attached to his submissions, two screenshots of te...

9. Wellington Standards Committee 1 v McCardle [2025] NZLCDT 3 (10 January 2025) [pdf, 624 KB]

   ...for the signatories (Mr McCardle and Mr S) in relation to the estate. We agree with Mr McCardle’s oral evidence that he is still the Executor, but the Deed coupled with payment of all remaining funds to Mr S smudged Mr McCardle’s role and responsibility. [26] We are not troubled about whether Deeds of Release and Indemnity are common or not in estate administration. As a professional lawyer executor, we find Mr McCardle owed a fiduciary duty to give effect to the will. Refer...

10. Final Env-Reg-Report-2022-23 [pdf, 479 KB]

    ...commissioners to assist them in hearing and determining cases. The Court’s Judicial Resources Manager co-ordinates the Court’s sitting programme. This follows directions from the Chief Environment Court Judge who, pursuant to s 251(2) of RMA, is responsible for ensuring the orderly and expeditious discharge of the business of the Court. 1.4 The Court’s jurisdiction The Environment Court is a specialist court of record established under section 247 of the RMA. It’s...