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1. [2013] NZEmpC 1 Gini v Literacy Training Ltd [pdf, 152 KB]

   ...could ever constitute serious misconduct. Legal principles [16] The principles applicable to any assessment of economic loss and compensation under s 123 of the Act are now well established. They were conveniently summed up by the Court of Appeal in Sam’s Fukuyama Food Services Ltd v Zhang 3 in these terms: [24] We now deal briefly with the applicable principles. In Telecom New Zealand Ltd v Nutter, this Court approved the principle that compensation for lost remuneration...

2. Koning v Smith - Matapihi 1A 3D 4C 1 Block (2011) 18 Waikato Maniapoto MB 220 (18 WMN 220) [pdf, 209 KB]

   ...Confiscation Claims (2004) Legislation Direct, Wellington, p 166 at para 6.4, p 263 at para 10.1, p 303 at para 10.8.4 and p 323 at para 11.2.5 and Faulkner v Deputy Registrar – Allotment 5 Parish of Tahawai (2010) Māori Appellate Court MB 643 (2010 APPEAL 643) 18 Waikato Maniapoto MB 225 Tauranga, no Māori land in the Tauranga district has had the status of Māori customary land. All that Judge Milroy did was confirm the existing status of the block which is Māori free...

3. Nixon v Attorney-General [2018] NZHRRT 9 [pdf, 301 KB]

   ...other relationships, making already complex calculations even more so. Mr Hogan stated that apportionment would likely result in increased errors in entitlement calculations which would likely cause MSD to be subject to an increase in reviews and appeals. Issue one – the absence of an assessment in respect of Mr Nixon under s 70B(3) [43] The Crown submitted that Mr Nixon’s claim regarding the discriminatory effect of s 70B(3) on himself must fail because he has never applied...

4. 2021-04-07 - ORC - legal submissions - scope [pdf, 266 KB]

   ...Landowners v Auckland Council [2017] NZHC 138 at [116]. 7 Section 293 of the RMA 25 Section 293 of the RMA empowers the Court to direct changes to a proposed plan or plan, which are not otherwise within its jurisdiction due to the scope of the appeal before it. 26 26 Relevantly, section 293 of the RMA provides: 293 Environment Court may order change to proposed policy statements and plans (1) After hearing an appeal against, or an inquiry into, the provisions of any proposed...

5. BORA Border Security Bill [pdf, 72 KB]

   ...such a person affect any relevant "interest protected or recognised by law"? 44.3 Even if there is a prima facie breach of s 27(2), could it be justified in terms of s 5 BORA? 45. As to the first issue, in light of the recent Court of Appeal decision in Chisholm v Auckland City Council (CA32/02 29 November 2002) it is not clear that an NZIS official making a "decline" decision is to be regarded as a "public authority" within the meaning of s 27(2) BORA. Th...

6. Insley v Huritu - Awanui Haparapara No 4B (2017) 167 Waiariki MB 194 (167 WAR 194) [pdf, 247 KB]

   ...the individual or body; and (b) shall not appoint an individual or body unless it is satisfied that the appointment of that individual or body would be broadly acceptable to the beneficiaries. … [27] In Clarke v Karaitiana the Court of Appeal considered the Court’s discretion in appointing trustees, referring to the provisions in s 222(2). 2 The Court noted: [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the abil...

7. Directory of Official Information G-I [pdf, 830 KB]

   ...established in March 2004 under the Gambling Act 2003. Functions and responsibilities The Commission is an independent statutory decision-making body established under the Gambling Act 2003. The Commission hears casino licensing applications and appeals on licensing and enforcement decisions made in relation to gaming machines and other non- casino gambling activities. The Gambling Commission has the powers of a Commission of Inquiry. Its functions are wide-ranging, and include the f...

8. [2018] NZEnvC 089 Auckland Council v Braines [pdf, 8.2 MB]

   ...[10] Mr Randall's detailed affidavit sets out the background of the Site and the activities on it in detail. This includes prior enforcement action taken by the Council in 2013 which led to an abatement notice and subsequent resolution of an appeal by Mr Braines against that notice by way of orders made in an oral determination of the Court dated 17 September 2013.1 In particular, Mr Randall draws attention to the fourth order which states: The two trailer homes will only be us...

9. [2007] NZEmpC WC 12B/07 Credit Consultants Debt Services NZ Ltd v Wilson & Anor [pdf, 108 KB]

   ...all the circumstances and therefore enforceable against him. Restraint of trade clause [45] The principles to be applied in assessing the reasonableness and therefore enforceability of a restraint of trade clause are well settled. The Court of Appeal has reiterated some of those principles in the context of employment law 3: • Covenants restricting the activities of employees after the termination of their employment as a matter of legal policy are regarded as unenforceable unl...

10. [2010] NZEmpC 11 NZ PSA v Secretary for Justice [pdf, 77 KB]

    ...bargaining; and (ii) communications or correspondence (between or on behalf of the parties before, during, or after negotiations) that relate to the bargaining [43] The leading case determining what is “bargaining” is the judgment of the Court of Appeal in Christchurch City Council v Southern Local Government Officers Union Inc.4 Although that case dealt with whether communications from an employer to employees represented by a union in collective bargaining amounted to the c...