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1. [2023] NZEmpC 181 Henderson Travels Ltd v Kaur [pdf, 296 KB]

   ...2019, she began working in the travel agency where she remained until her meeting with Mr Sikri on 26 November 2019. [19] On the morning of 26 November 2019, Ms Kaur sent Mr Sikri an email enquiring about her unpaid wages. Mr Sikri’s response was a visit to the office about an hour later. [20] Mr Sikri’s explanation for this visit, and the resulting impromptu meeting, was that he intended to discuss with Ms Kaur electrical work to be undertaken in the office that afte...

2. Criminal Fixed Fee schedules 2018 updated 5 October 2023 [pdf, 499 KB]

   ...hours For: • attending leave to Appeal hearing • any agent fees. Conferences Pre-hearing conference(s) – - hearing time * $178 per hour For: • attending pre-hearing conference(s) • any agent fees. Preparation of response to application for leave to appeal Response (by trial or prior appeal counsel)– - preparation $1,800 For: • receiving notice of application for leave • taking instructions, attending the client • identifying...

3. 20240924-Marine-and-Coastal-Area-Takutai-Moana-Customary-Marine-Title-Amendment-Bill.pdf [pdf, 372 KB]

   ...the earlier decision in Ninety Mile Beach.3 Customary rights were assumed to have survived Crown acquisition of sovereignty, unless lawfully extinguished. The exact tests for recognition of customary rights at common law were not determined. 6. In response to the Court of Appeal’s decision, Parliament passed the Foreshore and Seabed Act 2004 (FSA). That Act vested legal ownership of the foreshore and seabed in the Crown and extinguished territorial Māori customary rights in those area...

4. Interim regulatory impact statement - jury trial timeliness [pdf, 2.3 MB]

   ...options. Resourcing implications A reduction in cases progressing along the jury trial pathway will necessarily result in a corresponding increase in those progressing along the JAT pathway. Police (specifically the Police Prosecution Service) is responsible for prosecuting the majority of JATs. Initial assessment indicates that all options would increase the number of cases that Police have responsibility for prosecuting, with flow-on resource impacts. The Solicitor-General is r...

5. 25072025-Electoral-Amendment-Bill [pdf, 581 KB]

   ...invariably be both under- and over-inclusive. However, such a rule appears warranted given the important public interest in voters not being subject to influence when they attend a voting station. Further, a rule defined by a spatial area is a logical response to the potential for activities in proximity to polling stations that may undermine electoral integrity. A clear rule provides certainty. It is also relevant that water is excluded (so may be provided free of charge near polling stations...

6. [2025] NZEmpC 167 Lyttelton Port Company Ltd v Maritime Union of New Zealand and Anor [pdf, 330 KB]

   ...many cases on the meaning of consultation. In short, consultation is not a negotiation and does not require agreement. It involves the statement of a proposal not yet finally decided upon, listening to what others have to say, considering their responses, and then deciding what will be done. The party being consulted must be adequately informed so as to be able to make intelligent and useful responses. Consultation also must be allowed sufficient time, and genuine effort must be ma...

7. Wellington Standards Committee v Sawyer [2013] NZLCDT 47 [pdf, 84 KB]

   ...favour of the practitioner. So too would acknowledgment of error, wrong doing and expressions of remorse and contrition. For example, immediate acknowledgment of wrong doing, apology to a complainant, genuine remorse, contrition, and acceptance of responsibility as a proper response to the Law Society Inquiry, can be seen to be substantial mitigating matters and justify lenient penalties....”. following which a [48] The Standards Committee acknowledged that there are significant...

8. Auckland Standards Committee v van der Zanden [2014] NZLCDT 21 [pdf, 79 KB]

   ...Honour went on to express that the present view of the Court was that the matter ought to be referred to the New Zealand Law Society but before taking that step gave the practitioner “… an opportunity to explain his position on oath.” [18] In response to this the practitioner did indeed file a second affidavit in which the following three paragraphs are of particular importance: “9. Mr Speir, Meredith Connell, was Counsel-on-Instructions when he appeared for the Crown in the...

9. [2011] NZEmpC 97 Quan Enterprises Ltd v Fair [pdf, 65 KB]

   ...January 2011 the vessel docked at the Port of Timaru for a three-day break between trips. Mr Fair went to Sanford’s main office in Timaru to collect the couple’s mail but there was nothing for them. He then contacted his sister-in-law who was responsible for forwarding their mail. She confirmed that mail had been sent and she suggested that he should check the office again in two day’s time. [6] The couple then travelled to Dunedin and when they returned to Timaru at app...

10. [2011] NZEmpC 58 Goodfellow v Building Connexion Ltd [pdf, 66 KB]

    ...today. Mr Wilson is then to have a further 14 days in which to respond. [3] Counsel duly filed memoranda. On behalf of the plaintiff, Mr Zindel filed two memoranda dated 22 July 2010 and 26 July 2010. Mr Wilson then filed a memorandum in response dated 5 August 2010. I gave my costs decision on 22 November 2010. [4] In his memoranda, Mr Zindel only sought an award of costs in relation to the conduct of the proceeding before the Court. He made no mention of the proceeding...