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1. AD & Anor v ZU LCRO 60/2013 (3 March 2014) [pdf, 166 KB]

   ...defence”, by which the ADs had to convince the GQ that the ADs were completely committed to fighting the GQ, so that even if the GQ were successful at trial, the ADs would have no assets left for the GQ to recover. [39] Mr ZU also referred to the statement of defence and counterclaim he prepared for the ADs, which he says clearly indicate he had come to grips with the information provided. Furthermore, Mr ZU’s view is that in the context of all the information he was provided...

2. Berry v Rondel LCRO 130 / 2011 (26 April 2012) - Penalty Decision [pdf, 143 KB]

   ...part of the outcome, and any arrangement such as Ms Berry asserts existed would therefore need to be endorsed by me. That has not occurred. [21] However, I did undertake to Ms Berry that I would listen to the audio of the hearing and record the statements made by Mr Rondel. 5 [22] Mr Rondel asked during the course of the hearing whether it was open to me to make a compensatory order. At a later time during the hearing the following exchange took place: - Mr Rondel: “is...

3. [2019] NZEmpC 123 Elisara v Allianz New Zealand Ltd [pdf, 319 KB]

   ...other senior employees who had been involved in securing the Prime Account were also investigated. One (employee A) subsequently retired on medical grounds; the other (employee B) left the company on agreed terms. Interim orders were made by consent, prohibiting the publication of their names and the medical information relating to employee A. Permanent orders were subsequently sought by the defendant. I return to this application below. [5] Mr Elisara contends that his dismi...

4. [2019] NZEmpC 159 Allied Investments Ltd t/a Allied Security v Cradock [pdf, 350 KB]

   ...immediate notice. Common-sense suggests that the explanation should be understood to mean that a period of notice was required, as was in fact stated. [34] I turn next to the intended scheme of the trial provisions, as indicated in relevant statements made when the provisions were introduced. These were reviewed in some detail by former Chief Judge Colgan in Smith. I need not repeat the passages he cited. He went on to make these findings: [47] These passages confirm the stat...

5. [2021] NZEnvC 075 Ngati Paoa Trust Board v Heritage New Zealand Pouhere Taonga [pdf, 1.3 MB]

   ...Transport, as part of the Auckland Manukau Eastern Transport Initiative (AMETI) project, is constructing a busway bridge next to the Panmure Bridge on which Lagoon Drive crosses the Tamaki River between the Mokoia headland and Pakuranga. The reinstatement works associated with that project include a proposed commemorative park to mark the location of the Mokoia Pa with mahi toi artwork to serve as a monument to the memory of Nga.ti Paoa tupuna. Auckland Transport has applied to...

6. [2022] NZEmpC 233 Baillie v The Chief Executive of Oranga Tamariki – Ministry for Children [pdf, 280 KB]

   ...what he said. [81] Unlike Oranga Tamariki’s failure to tell Mr Baillie that accepting responsibility would be taken into account, these other deficiencies are not fatal. He knew what Mr Rowe said at the interview because it was recorded by consent, and the recording was sent to him by Mr Rowe and transcribed. While truncating Mr Baillie’s time to comment was problematic, and in other circumstances might have been significant, his responses were considered before the final dec...

7. [2022] NZEnvC 252 Page v Whanganui District Council [pdf, 349 KB]

   ...final enforcement order (in draft) to give effect to the court’s interim decision.4 [12] The interim decision records (in summary) the evidential basis for and against the Council’s application. The evidence referred to includes a written statement from Mr Page, and evidence from Council officers. [13] Evidence from a geotechnical engineer from Opus International Consultants (‘Opus’) led by the Council is also discussed. Opus had prepared a report reviewing an engineeri...

8. [2025] NZREADT 26 - EC & KN v CAC 2204 & ST (18 July 2025) [pdf, 308 KB]

   ...said prior to taking him on a home visit, the vendor told her he did not have family, other than his elderly sister who lived in a rest home in Auckland. The vendor told her his nephew was executor of his will but not EPOA. He did not give NJ consent to find his nephew’s details. [30] NJ said she had a discussion with the vendor about cleaning his home if he was to be discharged there. He remembered that the second respondent, who had lived next door to him, had been a great...

9. [2007] NZEmpC AC 44A/07 Tones v 3D1 Ltd [pdf, 52 KB]

   ...to determine the real nature of the relationship between them. In doing so it is directed by s6 to consider all relevant matters including any matters that indicate the intention of the persons. It is not to treat as a determining matter any statement by the persons that describes the nature of their relationship. [5] All relevant matters include the written and oral terms of the contract between the parties which may contain indications of their common intention about the statu...

10. Lambert v CAC301 & Ors [2015] NZREADT 65 [pdf, 204 KB]

    ...ed) “submit” is defined as “submit v. (submits, submitting, submitted) 1 accept or yield to a superior force or stronger person. 2 (usu. submit something to) subject to a particular process, treatment, or condition.  (submit oneself to) consent to undergo.  agree to refer a matter to a third party for decision or adjudication. 3 present (a proposal or application) for consideration or judgement.  (especially in judicial contexts) suggest; argue.” Meaning 3 is partic...