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1. EMPC Dinner speech Labour Law Society Conference [pdf, 165 KB]

   ...standards are subsumed by legalism. Legalists prepare and present mediation statements that they read to mediators. They take legalistic points about the admissibility of evidence in the Employment Relations Authority and then seek to take those on appeal and consequentially proceedings in the Authority in the 4 meantime. But, as I pointed out, it is not only lawyers who do so and many lawyers conscientiously refrain from doing so. There are some, fortunately not too many...

2. [2019] NZEnvC 102 Hawkes Bay Fish Game Council v Hawkes Bay Regional Council [pdf, 9 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2019] NZEnvC f02. of the Resource Management Act 1991 of an appeal pursuant to clause 14 of the First Schedule to the Act HAWKE'$ BAY FISH AND GAME COUNCIL (ENV-2013-WLG-054) Appellant HAWKE'$ BAY REGIONAL COUNCIL Respondent Court: Environment Judge J J M Hassan Hearing: In Chambers at Christchurch Date of Decision: 7 June 2019 Date of Issue: 7...

3. McGregor v McGregor - John Henry McGregor and Pirihia Maraenui Tapine Whānau Trust (2019) 402 Aotea MB 281 (402 AOT 281) [pdf, 260 KB]

   ...satisfactorily; or (b) Because of lack of competence or prolonged absence, the trustee is or will be incapable of carrying out those duties satisfactorily. [9] The leading authorities on the appointment and removal of trustees are the Court of Appeal judgments Clarke v Karaitiana and Rameka v Hall.5 [10] In Clarke on the issue of appointing trustees the Court held:6 [51] The touchstone is s 222(2) itself. In appointing a trustee, the Court is obliged to have regard to the abilit...

4. LCRO 161/2020 SE v GR (31 March 2021) [pdf, 305 KB]

   ...scope of review [51] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:15 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for tha...

5. CAC 10014 v Charles [2011] NZREADT 13 [pdf, 98 KB]

   ...[33] In the end result therefore the Tribunal imposes the only penalty open to it which is that of a fine and we impose the maximum available to us of $750. In accordance with s 113 of the 2008 Act the Tribunal advises the parties of the right to appeal this decision to the High Court pursuant to s.116 of the 2008 Act. DATED at WELLINGTON this 7th day of July 2011 ______________________________ Judge M Hobbs Chairman...

6. BORA Social Security (Extension of Young Persons Services and Remedial Matters) Amendment Bill [pdf, 306 KB]

   ...beneficiary parents, and 18 and 19 year old beneficiaries considered at significant risk of long term welfare dependency. 7. The Bill makes several changes to the Social Security Act unrelated to the extension of the Youth Service: limiting third party appeals, authorising payment of terminal benefits into deceased beneficiaries’ accounts, and authorising payment of money on payment cards to young people. These changes do not engage the Bill of Rights Act. 8. The Bill also retrospe...

7. M (C M Trust) v Tower Insurance Ltd [2019] CEIT-2019-0012 [pdf, 213 KB]

   ...Distribution Ltd v Chevron New Zealand:4 “Although the extent of reliance needs to be assessed in each case, if it is significant, it is unfair to allow that party to withhold the balance of that legal advice.” [37] However, the Court of Appeal has said a simple reference to having obtained legal advice will not amount to a waiver.5 3 [2015] NZHC 1467, [2016] 2 NZLR 133 at [23]. 4 HC CIV-2002-485-826, 5 September 2008 at [62]. 5 Ophthalmological Society of New Zealand Inc...

8. [2021] NZEmpC 73 Sfizio Ltd v Freeborn [pdf, 213 KB]

   ...of and incidental to the proceeding up to and including the discontinuance. While there remains a discretion under r 15.23, the onus is on the discontinuing plaintiff to persuade the Court to exercise the discretion in its favour. The Court of Appeal has made it clear that the presumption that costs are to be paid is not lightly displaced. (footnotes omitted) [16] In this case, it is not in issue that costs are payable by the plaintiff. In her submissions, Ms Kenworthy accepted...

9. Regulatory Impact Statement Crimes Act Part 8 Offences Against the Person 1961 Amendment Bill [pdf, 85 KB]

   ...associated with the legislative process to amend the Crimes Act 1961. There will be costs associated with the need for Police, Crown Prosecutors and the Judiciary to become familiar with the new offences, and some costs and court time associated with appeals to clarify the interpretation of new provisions. For Police, there will be costs associated with training staff, preparing training materials, and amending the Police Manual. Defence counsel will also need to become familiar with t...

10. [2008] NZEmpC AC 24/08 Panovski v Marine Trimmers and All Awnings 2004 Ltd [pdf, 78 KB]

    ...between the conduct complained of and the personal grievance and third, a determination of the culpability or blameworthiness of that conduct. He also cited Ark Aviation v Newton [2001] ERNZ 133 where, at paragraph [42], the Court of Appeal stated: In our view, matters of which an employer was aware at the time which, directly or indirectly, impacted on its decision to dismiss may be shown to be actions contributing to the situation, or fault on the part of the employee...