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1. [2018] NZEmpC 76 Marx v Southern Cross Campus Board of Trustees [pdf, 382 KB]

   ...in person Rachel J Scott and L Cole, counsel for defendant Judgment: 9 July 2018 JUDGMENT OF JUDGE M E PERKINS Introduction [1] Mrs Sandra Marx was employed by the Southern Cross Campus Board of Trustees (SCC) as a Resource Teacher of Learning Behaviour (RTLB). She claims that she commenced such employment on 25 November 2011. SCC agrees that she accepted an RTLB position in November 2011 but was to commence employment on 25 January 2012, and she did s...

2. Rudd - Horowhenua 11 Part Reservation Trust (2017) 368 Aotea MB 201 (368 AOT 201) [pdf, 287 KB]

   ...allocated for spending on eight targeted projects. The fund is held and managed by Horizons on behalf the Lake Accord initiative. Most of the eight projects are either underway or have already been completed. Three projects are being held up at the resource consent stage. The consents are being opposed by Vivienne Taueki. [10] Mr Sword pointed out that the first agenda item of every trustee meeting is conflicts of interest. This is a standing agenda item and the recording of up...

3. Mercury NZ Ltd v Cairns - Pouakani River Bed (2022) 277 Waiariki MB 174 (277 WAR 174) [pdf, 417 KB]

   ...that it did not:34 The presumption does not arise as a necessary incident of the title obtained in the Maori Land Court unless the circumstances of the investigation indicate that the riparian owner has the riverbed. In the case of major tribal resources and natural features of value to the tribe whether the riparian owner takes title to the riverbed or lakebed requires investigation of the status of the land beyond the boundaries of the title. For these reasons, I consider the H...

4. Austin v Accident Compensation Corporation (Treatment Injury) [2023] NZACC 59 [pdf, 257 KB]

   ...treatment. (2) Treatment injury does not include the following kinds of personal injury: (a) personal injury that is wholly or substantially caused by a person’s underlying health condition: (b) personal injury that is solely attributable to a resource allocation decision: (c) personal injury that is a result of a person unreasonably withholding or delaying their consent to undergo treatment. (3) The fact that treatment did not achieve a desired result does not, of itself, c...

5. Regulatory Impact Statement: Regulatory regime for the new alcohol laws. [pdf, 300 KB]

   ...to pay, and their level of responsibility (outlined in more detail in the following section). Assessment of offender’s abi l i ty to pay and level of responsibil i ty 27. The proposals take into account young peoples’ limited financial resources, potential non-payment, subsequent escalation, and potential additional costs for the young person and the criminal justice system. If an unpaid fee is lodged with the Court it immediately incurs a $30 filing fee and there is a potenti...

6. Coronial Services Annual Report 2016-2017 [pdf, 1.8 MB]

   ...this year are listed on page 29 of this Annual Report. This year has been a busy one, with an increase from last year in the number of deaths over which coroners took jurisdiction. At the beginning of 2018 we hope to have in place additional legal resources to assist coroners with their high workload. I hope you enjoy reading this overview of coronial work for the period 1 July 2016 to 30 June 2017. Her Honour Judge Deborah Marshall Chief Coroner DECEMBER 2017 1 Section 105A of the Cor...

7. [2006] NZEmpC AC 52/06 Simpsons Farms Ltd v Aberhart [pdf, 143 KB]

   ...the Employment Relations Law Reform Bill, the Minister summarised s103A as follows: Overall, the test is to be an objective one. This is not a radical revamp of the dismissal law. It draws from existing case law and fits well within good human resources practice. [58] Although not, or at least not only, in s103A, Parliament contemporaneously legislated expressly for minimum requirements of procedural fairness in employment relationships including, in particular, the circumstances...

8. LCRO 34/2023 PI v SY (27 June 2024) [pdf, 253 KB]

   ...importance that the lawyer is able to advise the client as to the scope of the appeal, and, in particular, whether there are any jurisdictional impediments to advancing the appeal. [67] It is self-evidently pointless for a lawyer to engage a client’s resources in advancing an impotent appeal. [68] And there were limitations on Mr PI’s ability to address, in the District Court, all the matters he wished to have challenged. [69] The District Court had no jurisdiction to consider the...

9. Nelson Standards Committee v Grey [2023] NZLCDT 33 (4 August 2023) [pdf, 271 KB]

   ...activities. There is no gap between the two divisions in a lawyer’s life.8 Context and conduct under examination [10] Ms Grey is an experienced Nelson-based lawyer who practises in the field of public law, with an emphasis on human rights, resource management law and medico- legal matters. [11] As well as her legal qualifications, Ms Grey holds a science degree with majors in microbiology and biochemistry, as well as a Royal Society of Health Diploma in Public Health Inspection...

10. Te Korowai Tiaki o Te Hauauru Incorporated v Te Rūnanga o Ngati Tama Trust - Te Rūnanga o Ngāti Tama Trust (2020) 425 Aotea MB 203 (425 AOT 203) [pdf, 309 KB]

    ...arrived in Aotearoa). (3) In subsection (2), customary rights means rights according to Maori customary law, including— (a) rights to occupy land; and (b) rights in relation to the use of— (i) land: (ii) other natural or physical resources. [12] The term “Ngati Tama area of interest”, as used in s 10, is defined in s 9 of the 2003 Act as follows: Ngati Tama area of interest means the area that Ngati Tama identify as their area of interest, as set out in Sc...