Ministry of Justice

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1. [2013] NZEmpC 139 NZ Post Primary Teachers’ Assn v Secretary for Education [pdf, 251 KB]

   ...the PPTA. He is employed by the second defendant as a teacher of mathematics. Between March 1974 and January 1998, Mr Gray was an aircraft technician in the Royal Air Force in the United Kingdom. In 1997 he commenced study at Sheffield Hallam University for a Bachelor of Science (Honours) in Mathematics with Education and Qualified Teacher Status. He completed his degree in June 1999. Mr Gray has over 12 years’ teaching experience. In July 2006, he and his family moved to Ne...

2. [2022] NZACC 156 – Chalmers v ACC (16 August 2022) [pdf, 262 KB]

   ...That is an interpretation that we consider, as did the Court in Childs v Hillock, best captures Parliament's intent in the context of a scheme which is underpinned by the concept of “personal injury by accident” and which does not provide universal compensation for sickness or ill-health. So, for example, side effects of chemotherapy of a nature and severity that are encountered reasonably often and occasion no surprise are ordinary consequences of that chemotherapy even if...

3. JR v ST LCRO 57/2015 (2 December 2016) [pdf, 248 KB]

   ...been changed. Introduction [1] Mr JR has applied for a review of a decision by the National Standards Committee to take no further action in respect of his complaint concerning the conduct of Mr ST who, like Mr JR, is a lawyer practising in Auckland. [2] The complaint concerned a costs memorandum filed by Mr ST in a High Court proceeding in which Mr JR was not in any way involved. Background [3] Mr ST had represented parties against whom third party discovery had been sough...

4. [2013] NZEmpC 13 NZ Post Primary Teachers Assn & Gray v Cambridge High School & Secretary for Education [pdf, 174 KB]

   ......the crucial consideration would be whether in the course of negotiations the parties contemplated or might reasonably have contemplated litigation if they could not agree. 32. Similarly, in O’Brien v The New Zealand Home Loan Co Ltd (HC, Auckland, CIV-2010-404-8323, 22 July 2011), Christiansen AJ noted at [26] that, for the purposes of s 57(1) of the Evidence Act: ... the term “dispute” not only covers disputes in the sense of litigation being threatened or seriously co...

5. [2009] NZEmpC AC 28/09 Filta Vacuum Products Ltd v Dolan [pdf, 43 KB]

   FILTA VACUUM PRODUCTS LTD V DOLAN AK AC 28/09 9 July 2009 IN THE EMPLOYMENT COURT AUCKLAND AC 28/09 ARC 74/08 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN FILTA VACUUM PRODUCTS LIMITED Plaintiff AND HUNTER DOLAN Defendant Hearing: By submissions filed on 14 April and 12 May 2009 Judgment: 9 July 2009 JUDGMENT OF JUDGE B S TRAVIS [1] The plaintiff, the former employer of the defendant, has chal...

6. [2013] NZEmpC 3 Association of Professional & Executive Employees Inc v NZ District Health Board [pdf, 145 KB]

   ...the meaning is not clear on the face of the legislation, the Court will regard context and purpose as essential guides to meaning. [18] Consistent with that approach, I also have regard to what the full Court said in Vice-Chancellor of Massey University v Wrigley: 3 [44] We also recognise that our role in this case is not to focus narrowly on the meaning of particular words but rather to give practical effect to the legislation in accordance with both the words used and the purp...

7. HortNZ - EiC - M K Sands - Industry (5 Feb 2021) [pdf, 313 KB]

   Helen Atkins/Louise Ford PO Box 1585 Shortland Street AUCKLAND 1140 Solicitor on the record Helen Atkins Helen.Atkins@ahmlaw.nz (09) 304 0421 Contact solicitor Louise Ford Louise.Ford@ahmlaw.nz (09) 304 0429 IN THE ENVIRONMENT COURT OF NEW ZEALAND ENV-2020-CHC-128 CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Water Permits Plan Change – Plan Change

8. ANDERSON Neville Ian (CSU-2014-DUN-000365) [pdf, 142 KB]

   ...overall consensus on ROP device safety. [44] Since then this issue has been the focus of further research. In 2016 the Quad Bike Workplace Safety Project (QBWSP) was undertaken by the Australian Transport and Road Safety (TARS) Research Centre at the University of New South Wales, under contract to SafeWork NSW. This followed coronial recommendations that such work be undertaken. [45] The QBWSP is described as: “…the largest survey carried out to date of the in-field workplace exp...

9. [2012] NZEmpC 29 Tourism Holdings Limited (trading as CI Munro) v Charlesworth [pdf, 138 KB]

   TOURISM HOLDINGS LIMITED (TRADING AS CI MUNRO) V ANDREW CHARLESWORTH NZEmpC AK [2012] NZEmpC 29 [23 February 2012] IN THE EMPLOYMENT COURT AUCKLAND [2012] NZEmpC 29 ARC 16/11 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN TOURISM HOLDINGS LIMITED (TRADING AS CI MUNRO) Plaintiff AND ANDREW CHARLESWORTH Defendant Hearing: Submissions filed on 24 June, 22 July, 1 and 2 August 2011 Judgment: 23 Fe...

10. [2021] NZEnvC 198 Kaiuma Farm Limited v Marberry Estate Limited [pdf, 259 KB]

    ...M&R will change both the types of hydrological and environmental processes operating, and their frequency. Increased runoff and erosion on the slopes will have a direct adverse effect on Kaiuma Farm, Kaiuma Bay, and Pelorus Sound. 26. It is universally accepted that forestry operations, particularly tracking (for both vehicles and formed by hauler lines) and harvesting, increase runoff, erosion and sedimentation, and the risk of slope instability. It is also generally agreed t...