Search Results

1. Proactive release - Improving the justice response to victims of sexual violence [pdf, 7.7 MB]

   ...adult complainant is permitted to give evidence in an alternative way.3 It is not uncommon in sexual violence cases for complainants to give their evidence-in-chief by way of pre-recorded video of their original police interview. However, a Court of Appeal decision in 2011 has limited the use of pre-recorded cross-examination (questioning by the defence lawyer) to rare and exceptional circumstances.4 3 Since amendments to the Evidence Act 2006 came into force in 2017, child witnesses have been...

2. [2024] NZEnvC 296 Eden Epsom Residential Protection Society Incorporated v Auckland Council [pdf, 1.2 MB]

   Eden Epsom Residential Protection Society Incorporated v Auckland Council IN THE ENVIRONMENT COURT AT AUCKLAND I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU Decision [2024] NZEnvC 296 IN THE MATTER OF an appeal under clause 14(1) of Schedule 1 to the Resource Management Act 1991 in relation to Private Plan Change 21 to the Auckland Unitary Plan BETWEEN EDEN EPSOM RESIDENTIAL PROTECTION SOCIETY INCORPORATED (ENV-2020-AKL-079) Appellant AND AUCKLAND COUNCIL Re...

3. Kelly v Tall Poppies Education Limited [2024] NZHRRT 54 [pdf, 339 KB]

   ...that description.” This does not automatically mean that for present purposes the comparator is simply a person without the plaintiff’s disability. Distinction between disability and behaviours [97] In the most recent relevant Court of Appeal decision (B v Waitemata District Health Board10) the Court, applying a decision of the Australian High Court,11 stated that the prohibited ground of psychiatric illness in the HRA is not expressed in a way that includes resultant behavi...

4. [2020] NZEmpC 149 Bay of Plenty District Health Board v CultureSafe NZ Ltd [pdf, 438 KB]

   ...concept. It includes a personal grievance, a dispute and any other problem relating to or arising out of an employment relationship. Such a problem is not confined to disputes between parties to an “employment relationship”. As the Court of Appeal has confirmed, that is because the term has a more expansive application, including “a dispute and any other problem relating to or arising out of an employment relationship”.12 Subsequently, the same court clarified that in orde...

5. [2022] NZEnvC 106 Guardians of the Bays Inc v Wellington International Airport Ltd [pdf, 2.2 MB]

   IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Decision No. [2022] NZEnvC 106 IN THE MA TIER of appeals under s 17 4 of the Resource Management Act 1991 BETWEEN GUARDIANS OF THE BAYS INC (ENV-2021-WLG-000035 & 37) INTERNATIONAL CLIMATE-SAFE TRAVEL INSTITUTE AND (ENV-2021-WLG-000036) Appellants WELLINGTON INTERNATIONAL AIRPORT LTD Respondent Court: Environment Judge B P Dwyer sitting alone under s 279 of the Act Heari...

6. [2014] NZEmpC 213 Hixon v Campbell and Ors substantive [pdf, 264 KB]

   ...consequences of a suggested interpretation.” 12 This suggests that “the context” is not merely the statutory context although that is an essential part of it. Authority for this proposition is the judgment of the New Zealand Court of Appeal in Police v Thompson, 13 which followed the earlier Supreme (now High) Court judgment in Auckland City Corporation v Guardian Trust and Executors Co of New Zealand Ltd, 14 where the Court concluded that the statutory definition of t...

7. [2011] NZEmpC 1 Gyenge v Clifford Lamar Limited [pdf, 221 KB]

   ...suffering at that time I couldn‟t – I would have left long before Emma would – the stress levels that she was suffering were awful. The law [52] The legal principles relating to cases of constructive dismissal were enunciated by the Court of Appeal in Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW 2 and have subsequently been applied in numerous decisions of this Court. Relevantly, the Court of Appeal stated: 3...

8. [2023] NZEmpC 56 Te Whatu Ora – Health New Zealand v Public Service Association, Te Pūkenga Here Tikanga Mahi [pdf, 471 KB]

   ...continues to be, undervalued due to systemic gender-based discrimination. That consequence is part of the interpretative context. [95] The updating of the EP Act involved an unusual process. It followed the important 2014 judgment of the Court of Appeal in Terranova Homes & Care Ltd v Service and Food Workers Union Nga Ringa Tota Inc, where the Court found the Equal Pay Act 1972 in its then form contained a pay equity regime.41 It recommended that this Court establish princ...

9. [2025] NZLCDT 18 National Standards Committee 2 v ZKA (24 March 2025) [pdf, 295 KB]

   ...McLellan did not concede that it was a new approach in the sense that he considered that his argument could fit within the existing legal precedents and that a stricter approach to the “professional” arm of s 7 was justified by a recent Court of Appeal authority in Hardie v New Zealand Law Society [2024] NZCA 90. 4 Section 7(1)(a). 10 made under this Act that apply to the lawyer or incorporated law firm or of any other Act relating to the provision of regulated services...

10. [2023] NZEmpC 105 Pilgrim & Ors v Attorney-General & Ors [pdf, 596 KB]

    ...the Overseeing Shepherd during much of the time that these proceedings are concerned with. [11] Hopeful Christian was sentenced to prison for sex offences against young women within the Gloriavale Community in 1995.12 He did not pursue an appeal against his convictions. He did pursue an appeal against the sentence that had been imposed. The Court of Appeal dismissed that appeal on grounds set out in a judgment of the Court.13 It was apparent that this sequence of events, and...