Search Results

1. [2016] NZEmpC 36 Western Bay of Plenty DHB v McInnes [pdf, 155 KB]

   ...Employment Relations Act 2000 (the Act). 2 In essence the object of the Act is to build productive employment relationships through the promotion of good faith. 3 [7] The approach to interim injunctions has recently been stated by the Court of Appeal in NZ Tax Refunds v Brooks Homes Ltd. 4 It can be summarised as follows. An applicant must establish that there is a serious question to be tried. Consideration must be given to the balance of convenience, and the impact on the p...

2. LCRO 53/2020 YJ v GK (22 April 2021) [pdf, 280 KB]

   ...will address the entire complaint as requested by Mr YJ, apart from the allegations of criminal conduct. That does not mean that every allegation made will be specifically referred to in this decision. That approach is endorsed by the Court of Appeal where in R v Nakhla (No 2), it said:20 The court is not obliged in giving its reasons for judgment to traverse every argument submitted to it. Review Mr YJ’s allegations [82] In his application for review, Mr YJ asserts that the...

3. COURTS126-Lets-talk-court-booklet-2019-Print.pdf [pdf, 3.8 MB]

   ...paying a fine. The victim advisor or police officer in charge of the case should tell you whether the defendant was found guilty or not guilty, what the sentence was and what it means. They should also tell you whether the defendant is going to appeal the decision. This is when the defendant asks to have their case or sentence considered again. LET’S TALK COURT | 27 You may feel like talking to someone after the case has finished. You could talk to the police officer in char...

4. [2024] NZEnvC 024 Environmental Defence Society Inc v Minister for Environment [pdf, 373 KB]

   ...Forestry (the Ministers); New Zealand Forest Owners Association Inc and Top of the South Wood Council Inc (collectively, the Forestry Interests) who appeared at the hearing as s274 parties. [4] Forest & Bird and Mana Taiao Tairāwhiti joined the appeal as s274 parties. However, they did not appear as they take no position on the jurisdictional issues. 2 Joint memorandum of parties in response to court Minute dated 7 June 2023, dated 19 June 2023, at [6]. 4 These parties...

5. LS v MIS [2021] CEIT-2020-0024 [pdf, 387 KB]

   ...an election; [and] (g) the making of inquiries by the insurer, even where it creates expectations upon the insured, will not ordinarily amount to an election… [23] There was an additional step, regarding delay, however this was rejected on appeal while the other elements were approved.8 5 Domenico Trustee Ltd v Tower Insurance Ltd [2015] NZHC 981 at [37]–[75]. 6 At [37] (footnotes omitted). 7 At [71] (footnotes omitted). 8 Tower Insurance Ltd v Domenico Trustee Ltd [2015] N...

6. LCRO 76/2022 & 81/2022 PF v BA (13 May 2024) [pdf, 243 KB]

   ...findings of breaches of the Rules and the penalties imposed. 2 [4] The role of this Office has been described in a number of High Court judgments. In Deliu v Connell, the Court said:1 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust. It inv...

7. National Panui April 2023 MLC [pdf, 798 KB]

   ...Broughton with Jo-An Kelsen, Brendon Broughton, Ariana Hurunui-Neil and Serena Fiso as trustees A20230002545 59/93 Rakaipaka Puriri Whaanga 1D1D Roadway Block - and an interim injunction order made at 247 Waikato Maniapoto MB 94-96 on 21/12/2022 - Appeal from a provisional determination (Respondents: Hohua Warren Hemi & Motoko Hemi as Trustees of the Hemi Whänau Trust) Paenga-Whäwhä / APRIL 2023 - NATIONAL PÄNUI 9 TAIRÄWHITI At Ruatöria (by Zoom) | https://us06web.zoom.u...

8. [2020] NZEmpC 174 Greetham v Lawter (NZ) Ltd [pdf, 384 KB]

   ...that the concept of causation has caused difficulties in some branches of the law. However, we think it has some utility here, … In Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc, the Court of Appeal outlined the correct approach to constructive dismissals as follows:7 In such a case as this we consider that the first relevant question is whether the resignation has been caused by a breach of duty on the part of the employer....

9. S B v Atia [2018] NZIACDT 4 (19 February 2018) [pdf, 310 KB]

   ...client, and need to remain objective. The discussion goes on to note that disclosure must be complete2, with “perfect good faith”, the lawyer must secure informed consent; and there a potential need for independent advice. [40] The Court of Appeal also discussed the principles applying to lawyers in Sims v Craig Bell & Bond [1991] 3 NZLR 535, where it observed the relationship between lawyers and their clients is one recognised in equity as a fiduciary one. That relationsh...

10. Heta v Ministry of Social Development [2013] NZHRRT 8 [pdf, 117 KB]

    ...of the benefits obtained in those periods was reduced to $51,000. The other two counts alleged Ms Heta fraudulently completed Work and Income review forms on two occasions. [10] The 12 month sentence of imprisonment was successfully challenged on appeal, the Court of Appeal substituting a sentence of eight months imprisonment. See Heta v R [2012] NZCA 267 (22 June 2012). THE FIRST COMPLAINT – THE COLLECTION OF INFORMATION [11] It is a general principle, reflected in information...