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1. MOJ0047 When somebody dies suddenly guide [pdf, 533 KB]

   ...each other and in your community. However, if you feel like you need some more support, the following organisations can help you in a range of ways: ACC For financial support if a family or whānau member has died from an accident. Freephone: 0800 101 996. Website: acc.co.nz/im-injured/financial-support/financial-support-after-death After a Suicide An online support service run by the Mental Health Foundation for families and whānau affected by suicide. Website: afterasuicide.nz Birt...

2. [2011] NZEmpC 152 Blackmore v Honick Properties Ltd [pdf, 178 KB]

   ...oppressive means, undue influence, or duress. On the evidence of HPL’s breach of s 63A(2), I conclude that the company bargained unfairly for Mr Blackmore’s individual employment agreement. Consequences of unfair bargaining for trial period [101] The consequences of such a conclusion are set out in s 69 of the Act and they include, subject to other statutory preconditions, the ability of the Court (acting in this case of removal as the Employment Relations Authority) to vary...

3. [2013] NZEmpC 197 Electrical Union 2001 Inc and Anor v Mighty River Power [pdf, 239 KB]

   ...arguments that the employer needed all employees at work on the occasion of that illness would not justify such retaliatory action. The principle is the same in this case. The clear answer is that such a retaliatory response would not be upheld. [101] If an employee were to be disadvantaged in employment or dismissed as a result of a refusal to consent to a random drug test, it is very difficult to argue that the Authority or the Court could find the statutory tests of justificati...

4. LCRO 18/2021 MB v RP and ND (14 October 2022) [pdf, 265 KB]

   ...acting as trustees of the estate, not in the dual role of trustees and lawyer for the estate. No evidence has been produced, such as a letter of engagement, that they had been retained by the estate to provide legal services to the estate. [101] It follows that in reaching and making their decision it was in best interests of the estate to sell the estate’s interest in the property and invest the sale proceeds in a professionally managed fund, Mr RP and Mr ND were not providing l...

5. Three strikes offences June 2022 [xlsx, 114 KB]

   ...Auckland Manukau 120 127 99 191 198 199 193 129 161 109 South Auckland Papakura 7 10 10 7 12 11 4 2 2 1 South Auckland Pukekohe 6 6 8 1 7 4 1 3 2 1 South Auckland Justice service area total 133 143 117 199 217 214 198 134 165 111 Waikato Hamilton 160 121 131 128 154 185 122 116 101 95 Waikato Huntly 0 3 0 4 4 3 4 1 3 1 Waikato Morrinsville 3 1 1 1 1 2 6 3 3 1 Waikato Te Awamutu 0 2 2 2 3 2 0 0 1 1 Waikato Te Kūiti 0 0 1 1 1 0 0 0 0 0 Waikato Thames 0 0 1 1 1 0 2 3 4 1 Waikato Justice...

6. RF v CN LCRO 254/2012 (3 November 2016) [pdf, 109 KB]

   ...on that day and described as “notice of claim”. This is work of an administrative nature relating to Ms CN’s management of her practice, and not work which should properly have been charged to Mr RF on the basis of a continuing retainer. [101] That is not to say that Ms CN could not subsequently have sought costs of recovering outstanding fees including interest as provided by the retainer, but costs incurred in debt recovery would need to be established as a provable debt, like...

7. Tautari - Succession to David Hugh Peters (2024) 275 Taitokerau MB 263 (275 TTK 263) [pdf, 395 KB]

   ...Recognition of Alyse as a whāngai does not need to affect the ownership of David’s Māori land interests, as pursuant to s 116 of the Act, a Court may provide for those rights where there is no descent relationship. 275 Taitokerau MB 284 [101] As with Ms Hart, David has sought to provide Alyse with a right to occupy the building on Oriwa 1B1 and “free use” of his Oriwa shares. [102] I have already determined that the building was not a principal family home, so s 116(1...

8. [2024] NZEmpC 136 Stellar Elements New Zealand Limited v Amesbury [pdf, 329 KB]

   ...circumstances, such an order may create challenges for Stellar, but they arise from the way in which the company has handled the restructuring. No reason has been advanced by Stellar as to why these challenges could not be managed sensibly. [101] I conclude it is strongly arguable that permanent reinstatement would be practicable. [102] I turn next to the issue of whether permanent reinstatement would be reasonable. In Angus v Ports of Auckland Ltd, a full Court accepted a subm...

9. 3-Strikes-Proactive-Release-OIA-Requests_Final_Part2.pdf [pdf, 19 MB]

   ...Feedback on three strikes Cabinet paper s9(2)(h) Page 97 of 277 The following pages (98-100) have been removed as they are withheld in full under s9(2)(f)(iv).RE LE AS ED U ND ER T HE O FF IC IA L IN FO RM AT IO N AC T 19 82 Page 101 of 277 RE LE AS ED U ND ER T HE O FF IC IA L IN FO RM AT IO N AC T 19 82 Page 102 of 277 RE LE AS ED U ND ER T HE O FF IC IA L IN FO RM AT IO N AC T 19 82 Page 103 of 277 RE LE AS ED U ND ER T...

10. LCRO 55/2024 EFH and KFH v SP and NR (15 October 2024) [pdf, 239 KB]

    ...proceedings is a matter for the court pursuant to s 148 of the Land Transfer Act 2017. In relation to that possibility, I repeat the observation made in the first review decision that the findings I have made are not binding on a court. Decision [101] Pursuant to s 211(1)(a) of the Act, the decision of the Committee is reversed. [102] I determine that no further action be taken on the complaint as against NR under s 138(2) of the Act, as further action against her is inappropriate...