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1. [2024] NZEmpC 115 VGM v JXC [pdf, 224 KB]

   ...award but rather to protect the defendant against further costs. Analysis [36] Rule 5.45(2) clearly states: A Judge may, if the Judge thinks it is just in all the circumstances, order the giving of security for costs. The rule does not permit the Court to order the giving of security for the sums potentially owing to the defendant; it only permits an order relating to the costs of the defendant in the current proceedings. [37] The quantum of security is a matter of discre...

2. [2019] NZEmpC 195 The Chief Executive of the Department of Corrections v JCE [pdf, 377 KB]

   ...of process for the following reasons: (a) the challenge is moot because the outcome will have no practical effect on the parties before the Court; and (b) there are no circumstances that would allow a challenge that is otherwise moot to be permitted to proceed. [13] The application contained two supplementary grounds. One of them was that it would be a breach of natural justice to allow the proceeding to continue, because the outcome may affect other corrections officers, and...

3. [2024] NZEmpC 219 Oliver v Biggs [pdf, 228 KB]

   DARREN VINCENT OLIVER v STUART DALE BIGGS [2024] NZEmpC 219 [19 November 2024] IN THE EMPLOYMENT COURT OF NEW ZEALAND CHRISTCHURCH I TE KŌTI TAKE MAHI O AOTEAROA ŌTAUTAHI [2024] NZEmpC 219 EMPC 261/2024 IN THE MATTER OF an application for a sanction AND IN THE MATTER OF an application for leave to file amended pleadings BETWEEN DARREN VINCENT OLIVER Plaintiff AND STUART DALE BIGGS Defendant Hearing: On the pa

4. Reti v Smith - Part Lot 7 Deposited Plan 3351 - Petane Marae (2024) 109 Tākitimu MB 1 (109 TKT 1) [pdf, 281 KB]

   ...17), at [11]. 109 Tākitimu MB 7 although I accept this option may not have been feasible given the urgency at play. Rather than exercise one of the available options, the trustees simply authorised payments to themselves that were not permitted under the trust order or the charter. The trustees have therefore breached their trustee duties in receiving such payments. [16] The evidence indicates that Barbara Smith repaid her portion to the trust, because she believed tha...

5. National Standards Committee 1 v Grey [2024] NZLCDT 36 (15 November 2024) [pdf, 193 KB]

   ...definition of unsatisfactory conduct, as “unacceptable, and/or unprofessional”? Background [5] Ms Grey was instructed by the parents of a young baby in respect of whom hospital authorities had sought a guardianship order from the Court to permit blood transfusion. The parents resisted that order to the extent that they sought that any blood used in such a procedure be sourced from a person who was unvaccinated by the COVID-19 vaccine. [6] Ms Grey was instructed late on th...

6. [2022] NZEnvC 175 Greensmith v Auckland Council [pdf, 1.5 MB]

   ...indemnity costs because there are a series of DFC NZ Ltd v Bielf?y factors present. 10 In summary, those include: (a) the arguments advanced by the Council were without substance. Ms Stienstra submits that the construction of the fence was a permitted activity, however the Council refused to engage on this issue despite being so advised by Ms Greensmith's planner, Mr McGarr. Moreover, the Council has not refuted the assertions in the notice of appeal; (b) the Court process...

7. [2022] NZEmpC 134 CultureSafe NZ Ltd v Employment Relations Authority [pdf, 211 KB]

   ...authorisations, the ATA forms did not meet the requirements of s 236 of the Act. He said the concern was that the sentences in question gave CultureSafe the power to make decisions for the grievants. He said this is not what s 236 contemplates or permits. Manuka Health expected the matter to be resolved quickly (as it apparently had been in respect of the other Northland–based employee). [8] On 15 October 2020, the concern about the ATA forms was discussed at a case...

8. Bay of Plenty Regional Council Submissions - 29 November 2017 [pdf, 492 KB]

   ...overlays providing information on known attributes and values to be managed.13 • Generally activities in the CMA require a discretionary resource consent. The presence of an overlay may trigger a non-complying activity status. There are some permitted activities, although these "provide for a relatively narrow range of activities that might be considered acceptable within the coastal marine area."14 • In the Interim Decision on lwi Resource Management the Court proposed...

9. Preece v Hokotehi Moriori Trust (2010) 5 Te Waipounamu MB 83 (5 TWP 83) [pdf, 109 KB]

   ...behind their findings. [40] The reality of this application is that the Court is not being asked to determine whether Ngahiwi Dix is Māori but which group of Māori, Ngāti Mutunga or Moriori, she belongs to. In my opinion s 18(1)(e) does not permit the Court to go that far. It simply requires the Court to determine whether somebody is Māori or a 8 Rekohu Report at [2.7.4] 9 Rekohu Report at [2.7.3] 10 Rekohu Report at [2.6.1]...

10. [2008] NZEmpC WC 8/08 Sealed Air (NZ) v NZ Amalgamated Engineering Printing & Manufacturing Union [pdf, 39 KB]

    ...JA Wilton, Counsel for Defendant Judgment: 19 May 2008 JUDGMENT OF CHIEF JUDGE GL COLGAN [1] This challenge to a determination of the Employment Relations Authority by hearing de novo decides whether the relevant collective agreement permits the employer to direct staff to take staggered meal breaks. The Employment Relations Authority, in a determination issued on 6 December 2007, found in favour of the union’s position that the employer was not entitled to alter unil...