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1. [2023] NZEmpC 170 FGH v RST [pdf, 283 KB]

   ...Act 1990 (NZBORA) which he says affirms the fundamental right to “access to justice”, to support a submission that in exercising this right, costs in this case should lie where they fall. [57] Mr Henderson submitted that a hopeless and irresponsibly conducted case may legitimately expose a plaintiff to the unqualified application of the Guideline Scale. He said that in such circumstances, a plaintiff arguably might have a claim for professional negligence against counsel wh...

2. [2024] NZEnvC 112 Fraser Auret Racing v Rangitīkei District Council [pdf, 644 KB]

   ...measure and report on the cumulative effects on the environment of the construction and operation of the MIDA to inform individual land use resource consent monitoring conditions and the community. The Group Manager – Democracy and Planning is responsible to ensure that ongoing monitoring is undertaken, as set out in the MIDA Comprehensive Monitoring Framework. Without limitation, the MIDA Comprehensive Monitoring Framework ensure that monitoring of traffic at the vehicle entry and e...

3. [2025] NZEmpC 16 The Chief of New Zealand Defence Force v Williams [pdf, 305 KB]

   ...the performance expectations established in your Position Description, your Performance and Development Plan, those directed by your manager and those required by the NZDF to generally meet operational needs. Flexible working You hold a responsible position in the NZDF and will act arrangements with flexibility and adaptability to work commitments. Your actual hours of work will be determined by your manager. Where you are employed in a position involving standard ho...

4. [2024] NZEnvC 281 Save The Maitai Incorporated v Nelson City Council [pdf, 294 KB]

   ..._______________________________________________________________ 2 A: The parties are directed to make the changes to PPC28 set out in this decision and provide a final set of provisions. B: Applications for costs are not encouraged. Any party wishing to apply must do so by 29 November 2024, and any response is to be provided by 13 December 2024. REASONS Introduction [1] Save the Maitai Incorporated (‘STM’/‘appellant’) appealed against the approval by the Nelson Ci...

5. Nisha v South Auckland Muslim Association Incorporated [2024] NZHRRT 68 [pdf, 631 KB]

   ...the Settlement Deed Ms Nisha corresponded with SAMA, seeking clarification on how it intended to implement cl 5 in advance of the 2022 AGM. Ms Nisha emailed SAMA regarding this on 15 December 2021 and again on 5 January 2022 before receiving an initial response on 10 January 2022, followed by a substantive response on 17 January 2022. [9] On 20 February 2022 SAMA gave notice to Ms Nisha and others in SAMA that the 2022 AGM was to be held on 20 March 2022. [10] Following that notification, Ms...

6. [2025] NZEmpC 126 Larsen v Fire and Emergency New Zealand  (judgment of Judge JC Holden, 26 June 2025 [pdf, 210 KB]

   ...information that allowed FENZ to understand his current diagnosis, the timeframe for the health issues to be resolved, and when he would be fit and able to resume full operational station officer duties at St Heliers Station. [32] Mr Larsen’s response again was that he had a record of settlement and that if FENZ did not wish to comply with that record of settlement it needed to enter into discussions with Mr Larsen to reach an alternative agreement. He said he was willing to at...

7. You have been charged with a category 4 offence

   ...you say will arise in the case. You are not required to make this statement, but have the option to do so if you wish. (9)     Crown Evidence The prosecutor for the Crown will then call the Crown witnesses. It is the prosecutor’s responsibility to prove that you are guilty of committing the alleged offence(s) beyond a reasonable doubt. Ensure you take notes as required. If at any time during the course of the evidence you believe that the Crown is leading evidence that is...

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8. Amending Trespass Law Retail Crime [pdf, 403 KB]

   ...Child, the New Zealand Bill of Rights Act 1990 and other international obligations. This is because under these obligations the best interests of the child must be a primary consideration in all decisions affecting them. UNCROC also requires that responses to harmful or antisocial behaviour by children prioritise rehabilitation and inclusion, rather than punitive exclusion from community spaces. 63. If these amendments are to apply to children and young people, there should be a clear...

9. Exemption order Methodist Employment Generation Fund (Northern) Trust [pdf, 28 KB]

   ...organisation that accepts deposits from the public to enable it to perform social lending by providing safe credit to low income people for a range of small businesses. (ii) MEG limits its lending to individuals and businesses it considers socially responsible. (iii) MEG offers defined and limited services to specific customers with robust internal processes that confirm the identity of the applicants and the purpose for which loans provided will be used. (iv) The Management Committ...

10. Exemption order Nelson Enterprise Loan Trust [pdf, 28 KB]

    ...enable it to perform social lending by providing safe credit to low income people for a range of small businesses. (ii) Nelson Enterprise Loan Trust limits its lending to individuals and businesses it considers both socially and environmentally responsible. (iii) Nelson Enterprise Loan Trust offers defined and limited services to specific customers with robust internal processes that confirm the identity of the applicants and the purpose for which loans provided will be used. (iv) T...