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1. [2023] NZEnvC 027 AJ & VF Barr Family Trust v Whakatane District Council [pdf, 1.4 MB]

   AJ AND VF BARR FAMILY TRUST v WHAKĀTANE DISTRICT COUNCIL IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2023] NZEnvC 027 IN THE MATTER OF an appeal under s 120 of the Resource Management Act 1991 BETWEEN AJ AND VF BARR FAMILY TRUST (ENV-2022-AKL-022) Appellant AND WHAKATĀNE DISTRICT COUNCIL Respondent Court: Judge J A Smith Environment Commissioner R M Bartlett Environment Commissioner K A Edmonds...

2. O'Connor v MacDee McLennan Construction Limited [2011] NZWHT Auckland 67 [pdf, 156 KB]

   ...affected. Due to the financial pressures they could not attend their niece’s wedding in Melbourne. [35] Generally an award of $25,000 per unit for occupiers is made based on the decisions of William Young P and Baragwanath J in the Court of Appeal in O’Hagan v Body Corporate 189855 [2010] NZCA 65, [2010] NZLR 445 [Byron Ave], Mok v Bolderson HC Auckland CIV 2010 404 7292, 20 April 2011 and Cao v Auckland City Council HC Auckland CIV-2010-404-7093, 18 May 2011. Accordingly,...

3. [2024] NZEmpC 136 Stellar Elements New Zealand Limited v Amesbury [pdf, 329 KB]

   ...trust and confidence, but also on the legislative requirement for good faith behaviour, and by acknowledging and addressing the inherent inequality of power in employment relationships. [17] In NZ Tax Refunds Ltd v Brooks Homes Ltd, the Court of Appeal confirmed that for interim injunction purposes, an applicant must first establish that there is a serious question to be tried or, put another way, that the claim is not vexatious or frivolous. Then, the balance of convenience must be...

4. [2024] NZEmpC 140 Sharma v Prolife Foods Ltd [pdf, 184 KB]

   ...intervention, which was unsuccessful. [20] At no point did her immigration advisors suggest that she take any steps against Prolife Foods, and she did not seek or obtain employment advice. It was only in June 2023, after she had unsuccessfully appealed her deportation order, that she understood that she could take action against Prolife Foods. Two requirements for leave to be granted [21] Under s 114 of the Act, leave may be granted to raise a personal grievance outside the presc...

5. A-Certificate-of-Approval-Application-form 2024 - Updated Form 20240927.pdf [pdf, 209 KB]

   ...section 65 of the Land Transport Act 1998, or an earlier equivalent provision? Yes No Have you ever been ordered by a New Zealand court to be imprisoned following conviction for an offence and that conviction or order has not been quashed on appeal? Yes No In the last 7 years, have you ever been convicted by a New Zealand court of an offence under the Private Security Personnel and Private Investigators Act 2010 or Private Investigators and Security Guards Act 1974 for wor...

6. LCRO 156/2023 PF v NY, WJ and MQ (11 October 2024) [pdf, 247 KB]

   ...scope of review [52] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

7. Pratt v General Distributors Limited [2025] NZHRRT 5 [pdf, 337 KB]

   ...discussed in this decision. 3 Andrew Butler and Petra Butler The New Zealand Bill of Rights Act: A Commentary (2nd ed, LexisNexis, Wellington, 2015) at [17.4.1]. 4 Butcher v New Zealand Transport Authority [2022] NZHRRT 21 at [57]. As the Court of Appeal said in Ngaronoa v Attorney-General [2017] NZCA 351, [2017] 3 NZLR 643 at [119]: “Indirect discrimination under s 65 of the Human Rights Act can arise when a criterion in a law or policy, which is not on its face discriminatory, corres...

8. Flawn v Accident Compensation Corporation (Individual Rehabilitation Plan) [2024] NZACC 142 [pdf, 587 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 142 ACAR 125/23 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN AMBER FLAWN Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 8 July 2024 Heard at: Invercargill/Waihōpai Appearances: P O’Sullivan for the appellant F Becroft for the respondent Judgment: 26 August 2...

9. Nelson Standards Committee v Ord [2025] NZLCDT 4 (17 January 2025) [pdf, 252 KB]

   ...and other similar applications which, while given civil numbers in the District Court, are ancillary to orders made in its criminal jurisdiction. So far as High Court proceedings are concerned, we consider that Dr Ord should be able to act on appeals from criminal decisions in the District Court, or orders made in ancillary proceedings such as limited licenses. Suppression [42] There is an Order suppressing the name and identifying details of the complainant, including any detail...

10. [2025] NZEmpC 23  LAF v MEC & NIR [pdf, 217 KB]

    ...Kang v Saena Co Ltd:4 [41] The burden is on the plaintiff to satisfy the Court that there is a prospect that the assets will be removed, dissipated or diminished in value. The test is not unduly exacting. In Murren v Schaeffer the Court of Appeal considered this aspect of the test and commented: “The second stage requires the Court to be satisfied there is a danger that judgment will not be satisfied because assets may be removed or dealt with in a way that frustrates the judgm...