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1. Youth Court - history of the Youth Court [pdf, 217 KB]

   ...attention upon the rights of children. Discussions during that year resulted in the establishment of the New Zealand Committee for Children and a National Advisory Committee on the Prevention of Child Abuse.21 Revision of Court structure of Court of Appeal, High Court, District Court with separate Family Court created. Report of the Advisory Committee On Youth and Law In Our Multicultural Society published. Maatua Whangai commenced. The Labour Government established a Working Party to revie...

2. Justice Matters July 2019 [pdf, 3.5 MB]

   ...the Environment Court team is based in Wellington, it oversees cases for the lower North Island between Wellington and Taupō. Most of the Environment Court’s work is underpinned by the Resource Management Act 1991. The Court largely deals with appeals about the contents of regional and district plans and appeals arising out of applications for resource consents. Consent applications may be for land use; a subdivision; a coastal, water or discharge permit; or a combination of these...

3. [2022] NZEmpC 171 Alkazaz v Deloitte (No. 3) Ltd [pdf, 356 KB]

   ...Mr AlKazaz says that agreement was obtained under duress. The law [40] The issue of duress was considered by this Court in Sawyer v Vice-Chancellor of Victoria University of Wellington.13 The Court applied principles set out by the Court of Appeal in McIntyre v Nemesis DBK Ltd.14 The Court of Appeal’s approach can be summarised as follows: (a) Was there a threat or the exertion of illegitimate pressure? (b) If so, did that threat result in being coerced into entering into...

4. [2010] NZEmpC 120 Musa v Whanganui DHB & Anor [pdf, 83 KB]

   ...employment agreement by his employer, the Board, to which Mr Solomon may have been a secondary party under s 134(2). [77] The position is not saved for the plaintiff by judgments such as Peacock v NZ Performance etc Union.2 In that case the Court of Appeal found that the receiver of a company might be liable personally for a penalty for breach of an award pursuant to s 202 of the Labour Relations Act 1987. The essential finding by the Labour Court and the Court of Appeal in Peac...

5. CAC 304 v Chapman [2018] NZREADT 6 [pdf, 300 KB]

   ...Outcome [125] The Tribunal does not find the charge of disgraceful conduct proved. [126] Pursuant to s 113 of the Real Estate Agents Act 2008, the Tribunal draws the parties’ attention to s 116 of the Real Estate Agents Act 2008, which sets out appeal rights. Any appeal must be filed in the High Court within 20 working days of the date on which the Tribunal’s decision is served. The procedure to be followed is set out in part 20 of the High Court Rules. ___...

6. Paraire v Paraire – Part Mangatawa 10 (2015) 105 Waikato Maniapoto MB 67 (105 WMN 67) [pdf, 213 KB]

   ...in the shed. Otherwise it would have been totally unreasonable to expect Mr Paraire, a man of limited financial resources, to expend such a large amount of money on improving the shed. The law [63] In the case of Gillies v Keogh, the Court of Appeal referred to what are known as the five probanda required to be shown by a party seeking to rely upon the doctrine of proprietary estoppel. 29 [64] Richardson J noted that there had been a trend away from the strict application of...

7. Nicholson v Pene - Tauakira No. 2M No.4 (2023) 477 Aotea MB 140 (477 AOT 140) [pdf, 442 KB]

   ...exists. But there must be a link between the applications and the statutory power where jurisdiction is sourced. Such a link does not exist on the facts here. See also Melrose v Porter – Torere Section 58 [2022] Māori Appellate Court MB 209 (2022 APPEAL MB 209). 33 Section 30A, Te Ture Whenua Māori Act 1993. 477 Aotea MB 150 (a) to enable and encourage applicants and persons affected by an application under section 30 to resolve their differences concerning represen...

8. [2021] NZEnvC 187 The Canyon Vineyard Limited v Central Otago District Council [pdf, 1.5 MB]

   THE CANYON VINEYARD LTD v CODC – FINAL IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2021] NZEnvC 187 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN THE CANYON VINEYARD LIMITED (ENV-2019-CHC-137) Appellant AND CENTRAL OTAGO DISTRICT COUNCIL Respondent AND BENDIGO STATION LIMITED Applicant Court: Environment Judge P A Steven Environment Commissioner M C G Mabin...

9. [2007] NZEmpC WC 34/07 Crook v Sovereign Services Ltd [pdf, 76 KB]

   ...Crook. The plaintiff bears the onus of proof. It is clear that all employment agreements have terms implied into them which impose duties on employers to take reasonable steps to maintain a safe workplace, a duty which as noted by the Court of Appeal in Attorney-General v Gilbert3 is informed and given content by the Health and Safety in Employment Act 1992. [10] Section 6 of the Health and Safety in Employment Act 1992 imposes general duties on employers. The duties relevant t...

10. [2019] NZEmpC 49 Mathews v Bay of Plenty District Health Board [pdf, 449 KB]

    ...party, “unless made in writing and signed by both parties”. This replicated the common law position that, whether a 23 Ruddlesden v Unysis New Zealand Ltd [2004] 2 ERNZ 163 (EmpC); leave to appeal declined in Unysis New Zealand Ltd v Ruddlesden [2004] 2 ERNZ 301 (CA); Harris v The Warehouse Ltd [2014] NZEmpC 188, [2014] ERNZ 480 at [73]. 24 Above at [31] and [32]. variation takes the form of an alteration to an exist...