Search Results

1. Expression-of-Interest-High-Court-Judge-2025 [pdf, 305 KB]

   ...turn consult, on a confidential basis, Presidents of relevant District Law Societies and/or respected and trustworthy practitioners. I consent to my name being passed to the Chief Justice, Chief High Court Judge or the President of the Court of Appeal and others deemed appropriate by them, or by the Attorney-General or Solicitor-General as part of the consultation process. I understand that my Expression of Interest form, my curriculum vitae, and any other material supplied and held...

2. LCRO 145/2023 ET v PU (25 February 2025) [pdf, 241 KB]

   ...scope of review [46] The nature and scope of a review was discussed by the High Court in 2012, which said of the process of review under the Act:5 … 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 th...

3. [2025] NZEmpC 115  Otira Stagecoach Hotel Limited v Wright  [pdf, 162 KB]

   ...statement of evidence Mr Wright relied on in the Authority and of a report by Dr Olive Webb who is a registered clinical psychologist. In relation to Dr Webb’s statement, Mr Rowntree advised me that it was relevant to the prospect of pursuing an appeal, presumably in the High Court, arising from Judge Rollo’s decision. [16] I have also received evidence from Robin Nicholl. Mr Nicholl is a retired senior police officer who is now a licensed private investigator. In March 2024,...

4. Pillot - Part Tokaanu B2L(2024) 488 AOT 32 (488 AOT 32) [pdf, 214 KB]

   ...King1: “In Brown v Māori Appellate Court 2, the High Court set out the approach to considering an application for partition. That approach has been adopted by this Court, by the Māori Appellate Court, and was recently endorsed by the Court of Appeal 13. This approach is helpfully summarised in Hammond – Whangawehi 1B3H13: The Court has exclusive jurisdiction to grant partition orders in relation to Māori freehold land in accordance with Part 14 of the Act. That jurisdict...

5. Skipper v Gibson - Ngāti Tawhirikura Hapū Charitable Trust (2025) 498 Aotea MB 148 (498 AOT 148) [pdf, 415 KB]

   ...parcel. Specifically we do not agree that “constituted in respect of” necessarily implies a timing requirement. There is no reason why those 2 Moke v The trustees of the Ngāti Tārawhai Iwi Trust (2019) Māori Appellate Court MB 265 (2019 APPEAL 265) at [74]. 3 Memorandum of Counsel regarding final submissions on Jurisdiction, Cameron Hockley, 21 February 2025, at exhibit g. 4 197 Waiariki MB 141-146; See also above n 2. 5 Above n 1, at [35]. 498 Aotea MB 151 word...

6. Derham v Accident Compensation Corporation (Gradual Process Injury; Suspension of Entitlements) [2025] NZACC 026 (17 February 2025) [pdf, 246 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2025] NZACC 026 ACAR 074/24 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN CARL DERHAM Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 3 December 2025 Heard at: Auckland/Tāmaki Makaurau Appearances: Mr Hinchcliff for the appellant Ms Becroft for the respondent Judgment: 17 Fe...

7. [2025] NZEmpC 61 Faitala and Vea v The Pacific Island Business Development Trust [pdf, 178 KB]

   ...granted. Impact on ability to bring her challenge [16] The evidence before the Court supports Mrs Vea’s submission that if security for costs is ordered, Mrs Vea will be prevented from being able to proceed with her challenge. The Court of Appeal in McLachlan v MEL Network Ltd has noted that where an order will have that effect, it “should be made only after careful consideration and in a case in which the claim has little chance of success. Access to the courts for a genuin...

8. LCRO 130/2021 TF v SM (8 May 2025) [pdf, 276 KB]

   ...What is the nature and scope of the review? [67] The High Court has said of the nature and scope of the process of review under the Act that:8 … 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. 6 Section 206(2) of the Act. 7 Section 206(2A) of the Act. 8 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [3...

9. Equal Pay Amendment Bill [pdf, 303 KB]

   ...c. prevents a person from commencing proceedings in the Authority or the court to the extent that those proceedings concern a review clause ( or a term or condition of an employment agreement based on such a clause); d. requires any challenges or appeals underway relating to a decision of the Authority or court on a review clause to be decided under the amended pay equity framework. 22. I have considered whether these provisions engage the right to judicial review and the right to bring...

10. LCRO 111/2024 MS v PC (24 March 2025) [pdf, 273 KB]

    ...respondent demonstrated a lack of knowledge of and respect for the mediation process; (d) the respondent “…fail[ed] to provide well-founded legal arguments…”, “…made misrepresentations about the litigation risk and incorrectly spoke about the appeals process”, “…made incorrect claims about the next steps and costs…” and “…did not understand what a Calderbank offer was…”; (e) the respondent “…allowed the [other company representatives] to engage in off...