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1. [2016] NZEmpC 120 Whanau Tahi Ltd v Dasari [pdf, 211 KB]

   ...(Worldwide Salvage and Towage) Ltd (The Sea Angel) [2007] EWCA Civ 547, [2007] 2 Lloyd’s Rep 517 at [111]. See Planet Kids, above n 4, at [8] and [60]–[62]. 13 The Sea Angel, above n 12, at [111]. [50] The New Zealand Court of Appeal confirmed in Karelrybflot AO v Udovenko that the doctrine of frustration is available in employment cases, but should not be easily invoked with respect to vulnerable employees: 14 … the doctrine of frustration is applicable to cont...

2. [2016] NZEmpC 39 Fox v Hereworth School Trust Board Costs [pdf, 281 KB]

   ...been unable to do so. The plaintiff’s application extends also to costs in the Employment Relations Authority because, although it found in the Hereworth School Trust Board’s (the Board’s) favour, that determination 2 has been reversed on appeal by this Court. [2] The Authority ordered Mrs Fox to pay the Board $21,000 as a contribution towards the defendant’s costs of a three-day Authority investigation in September 1 Fox...

3. Puna v Puna - Rotopounamu 1B1A [2022] Chief Judges MB 28 (2022 CJ 28) [pdf, 335 KB]

   ...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.5 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [33] The Court of Appeal has recently confirmed that the power under s 44(1) falls into two parts:6 The first is an evaluative decision as to whether the order made was “erroneous in fact and law because of any mistake or omission on the part of the cour...

4. Williams v Trustees of Parahirahi C1 (2005) 37 Kaikohe MB 212 (37 KH 212) [pdf, 6.5 MB]

   ...She noted that the reservation trust never owned the kohanga reo building. The arrangement ended when the kohanga reo building was sold by the National Trust. • The payment of $5000 was a financial contribution towards the legal costs ofthe appeal under the Resource Management Act 1991 against the building of the prison on Ngawha Waikaukau lands - within the same tupuna whenua. She noted her view that the payment \vas authorised by the constitution of the trust (its aim, objecti...

5. [2017] NZEmpC 117 Underhill v Coca-Cola Amatil NZ Ltd [pdf, 429 KB]

   ...personal grievance could not have been raised by these two actions. 5 Creedy v Commissioner of Police [2006] ERNZ 517 (EmpC) (emphasis added). It should be noted that Creedy was overturned on appeal, but not on this point of law. See Creedy v Commissioner of Police [2007] NZCA 311; Creedy v Commissioner of Police [2008] NZSC 31, [2008] 3 NZLR 7. 6 Idea Services Ltd v Barker [2012] NZEmpC 112, [2012] ERNZ 454. 7 At [34]. 8 At...

6. MLC 2017 August Outstanding OCR Applications [pdf, 345 KB]

   ...made at 103 Wairoa MB 244-245 on 11 July 2001 - Application to the Chief Judge A20170004176 58/93 Wero Karena Omahu 4C Section 6 - and an order for confirmation of alienation made at 56 Takitimu MB 233-237 (8 February 2017) - Notice of Appeal and Leave to Appeal Out of Time (Respondents Douglas Whitfield and Mark Alexander) A20170004320 45/93 Toni Ngahiriwa Welsh, John Ernest Welsh Talbot Venus Talbot (nee Welsh) or Venus Tawera Werehi or Whetumarama Welsh - and a...

7. [2023] NZIACDT 23 – ED v Dai (11 August 2023) [pdf, 245 KB]

   ...to bear in mind his obligation to write to clients with details of all material discussions and that he was required to personally obtain his clients’ instructions. The Authority regards such a letter as a warning to Mr Dai. Complainant’s appeal to Tribunal [47] On about 11 June 2020, the complainant appealed to the Tribunal against the Registrar’s decision not to pursue the complaint. [48] In her undated letter in support, the complainant says that false information was...

8. Welcome Guide Information for court and tribunal interpreters v4 [docx, 1.7 MB]

   ...requests by the interpreter during a court hearing should be addressed to the judicial officer. The following guidance is from the code of conduct in the Ministry’s Quality Framework: Talking to a judicial officer A judge of the High Court, Court of Appeal and Supreme Court is referred to as “Justice” followed by their surname. A judge of the District Court or other court (such as the Employment Court or Environment Court) is referred to as “Judge” followed by their surname. A jud...

9. Foreman v Sanders – Estate of Rachel Ngeungeu Zister (2013) 63 Waikato Maniapoto MB 286 (63 WMN 286) [pdf, 191 KB]

   ...the Will. 7 Joint memorandum of counsel dated 2 July 2013. 63 Waikato Maniapoto MB 292 4. If the Court answers ‘no’ to any of the above questions then subject to pursuing any right of appeal or review the Estate will not oppose the granting of the applicants’ succession order. [24] The preliminary questions have been useful in focusing the minds of counsel, the witnesses and the Court. The evidence filed was largely based...

10. Wellington Standards Committee v Laglolago [2015] NZLCDT 25 [pdf, 325 KB]

    ...relied on. We therefore reject this challenge to the extent it is an admissibility challenge. Whether the Disciplinary Tribunal has accorded the wrong weight to any conclusions contained in any judgments is a matter able to be addressed when the appeal is considered, although we do not find it necessary to do so in this case. [34] This decision was followed by Her Honour Thomas J in Deliu.12 [35] It is a matter for the Tribunal as to what weight it accords the judicial comment havi...