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1. BORA Legislation Amendment Bill [pdf, 186 KB]

   ...Bill of Rights Act 1990 (‘the Bill of Rights Act’). 2.The Bill updates and re-enacts the Interpretation Act 1999 in the Legislation Act 2012. It addresses technical issues with interpretation rules and requires the publication of disclosure statements for most Government initiated legislation. 3.The Bill re-enacts an existing provision defining a de facto relationship. Clause 36ZE provides that a relationship involving a person aged 16 or 17 years old is not a de facto relationshi...

2. [2012] NZEmpC 79 Premier Events Group Ltd v Beattie [pdf, 248 KB]

   ...grievance that the employee wants the employer to address. [5] It was common ground that Mr Regan did not raise his personal grievance himself by notifying his employer. Nor did any agent of Mr Regan raise the grievance. Rather, Mr Regan lodged a statement of problem in the Employment Relations Authority which outlined his grievance. There was no argument that this document did not raise his grievance with sufficient specificity so that an employer could address the grievance....

3. [2011] NZEmpC 38 French v The Warehouse Ltd [pdf, 80 KB]

   ...October 2009. The Authority‟s was not a determination that it felt able to reach promptly. [12] Ms French filed her challenge in this Court on 18 June 2010 within the 28- day period allowed for doing so. On 12 August 2010 she filed an amended statement of claim incorporating a challenge to the Authority‟s supplementary determination 7 awarding costs in the defendant‟s favour. There was nothing unusual about the amended statement of claim and indeed that is the way the Court...

4. Criminal Cases Review Commission Bill: Approval for Introduction [pdf, 223 KB]

   ...1 Crown Entities Act 2004, s 121 refers. 4 the function and powers of the Commission in legislation allows Parliament to detail their scope and makes them accessible to the public. Impact analysis 26 A Regulatory Impact Statement was prepared in accordance with Cabinet requirements and submitted to Cabinet alongside the paper seeking policy approval in August 2018 [SWC-18-MIN-0087 and CAB-18-MIN-0370]. Compliance 27 The Bill complies with the following: 27....

5. [2017] NZEnvC 062 Pukekohe East Community Society Incorporated v Auckland Council [pdf, 1.8 MB]

   ...= 3 MAY 2017 FINAL DECISION OF THE ENVIRONMENT COURT 2 A. The conditions attached to Watercare's requirement are confirmed with amendments as attached in Appendix 1. B. The conditions attached to the Council's grant of resource consents are confirmed as attached in Appendix 2. C. Costs are reserved. REASONS Introduction [1] The Court issued its interim decision in this case on 1 March 2017,1 confirming Watercare's requirement and the Council's grant o...

6. LCRO 91/2019 CL v BK and AM (31 August 2021) [pdf, 328 KB]

   ...agreement. He referred to the conditions. He advised he “d[id] not see any issues with the title or the agreement”. [9] He also (a) advised Ms CL to request “either a council property search or LIM” to “ensure that all appropriate consents have been obtained” for any alterations to the house, or for the installation of a fuel burner, noting her “advice” she “would check the council records for the property”, and (b) drew Ms CL’s attention to the “warnings pr...

7. [2014] NZEmpC 123 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 73 KB]

   ...third defendants. On that date, being 19 May 2014, senior counsel Mr RB Stewart QC appeared upon belated instructions for the plaintiff. He sought, and by consent (although with some demur by Mr Pollak) was granted leave to file a third amended statement of claim on behalf of the plaintiff. This pleading by the plaintiff substantially truncated the number of previously pleaded causes of action and remedies against the first defendant and deleted the causes of action in th...

8. [2015] NZEmpC 216 Roy v Tamaki College Board of Trustees no 3 interlocutory [pdf, 151 KB]

   ...convenient to deal with the question of settlement of those as part of the substantive hearing. [6] Mr Roy was unrepresented until shortly before the start of the hearing in this Court, which may account for the several consecutive versions of his statement of claim which have been filed, culminating in the last version, on which the case will be decided, being settled by his counsel. [7] The hearing of evidence and submissions took place over a number of days in July and Septembe...

9. RC v ZN LCRO 74/2012 (21 July 2015) [pdf, 55 KB]

   ...RC’s letter was that he would advise “the authorities” of the fact that Ms ZN may have made a false declaration. is “to press, urge, try to force or induce; especially by means of menaces”. [25] If the declaration was correct, then the statement by Mr RC would not have constituted a threat such as to cause Ms ZN to become concerned. It is somewhat difficult to accept the proposition, that a stated intention to take a particular course of action constituted a “threat...

10. SC v QS [2022] NZDT 68 (3 May 2022) [pdf, 485 KB]

    ...contract by a misrepresentation, whether innocent or fraudulent, that person is entitled to damages (a form of compensation) as if the representation were a term of the contract that has been breached. 31. A misrepresentation must be untrue and a statement of past or present fact. SC must show that it is more likely than not that an untrue statement induced her to make the purchase, and that QS intended for her to respond in that way to the representation or used language that would ind...