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1. [2024] NZEmpC 4 Bread of Life Christian Church in Auckland v Chen [pdf, 221 KB]

   ...and I do not consider it is in the interests of justice to do so. Application for a stay of proceedings [36] The plaintiff applies for a stay of execution of the Authority’s determination. It does so on the grounds that: (a) the proposed appeal will be rendered nugatory unless a stay is granted; (b) third parties, being donors of the Trust Board, members of the Church, and those with an interest in the High Court proceedings, will be negatively impacted by the lack of a stay;...

2. INZ (Calder) v Tian [2019] NZIACDT 58 (27 August 2019) Sanctions [pdf, 204 KB]

   ...employment and whether their English language ability satisfied the required threshold. Immigration New Zealand had declined their residence applications on the ground that they did not meet either criteria. On the advice of Ms Tian, all five appealed unsuccessfully to the Immigration and Protection Tribunal (IPT). Decision of the Tribunal [6] In its decision, the Tribunal found that Ms Tian had misunderstood the immigration instructions. She had been wrong to assert that the...

3. [2023] NZEmpC 101 GF v Comptroller of Customs [pdf, 513 KB]

   ...Governments have signed future Governments up to a range of new exemplary conduct) but the point does not need to be decided in the context of this case. 23 Armstrong v Attorney-General [1995] 1 ERNZ 43 (EmpC). The decision was overturned on appeal but not on this point: Attorney-General v Armstrong [1996] 1 ERNZ 344 (CA). See too NZ Educational Institute v Board of Trustees of Auckland Normal Intermediate School [1992] 3 ERNZ 243 (EmpC) at 269. 24 Employment Relations Act 20...

4. Amended affirmation of Mr Gary Taylor 2 December 2016 [pdf, 1.5 MB]

   ...years and are genuinely trying to find equitable and durable solutions. 11. It seems to me that there are signs of a rush to gain approvals to transition to new land uses prior to Plan Change 13 being determined. 12. We are working through the appeal process in the normal way. But meanwhile I consider that the situation has reached a tipping point at which some extraordinary intervention is necessary, at least in the interim. It seems futile to be litigating on a plan change whi...

5. [2016] NZEnvC 248 Northcote Point Heritage Preservation Society Incorporated v Auckland Council [pdf, 5.9 MB]

   BEFORE THE ENVIRONMENT COURT Court: Hearing: Appearances: IN THE MATTER AND BETWEEN AND AND AND Decision No. [2016] NZEnvC 2 Lt 1)' of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act NORTHCOTE POINT HERITAGE PRESERVATION SOCIETY INCORPORATED (ENV-2015-AKL-0001 01) Appellant AUCKLAND COUNCIL Respondent WOODWARD INFRASTRUCTURE LIMITED Applicant AUCKLAND COUNCIL AUCKLAND TRANSPORT CYCLE ACTION AUCKLAND GENERATION ZERO...

6. [2016] NZEmpC 19 O'Shea (Labour Inspector) v Pekanga O Te Awa Farms Ltd [pdf, 247 KB]

   ...breaches continued over a significant period of time, and could not be regarded as an isolated aberration. 9 Idea Services Ltd v Dickson (No 2) [2009] ERNZ 372 (EmpC) at [61]-[62]. 10 The Court of Appeal subsequently approved the approach of the majority Court: Idea Services Ltd v Dickson [2011] NZCA 14, [2011] 2 NZLR 522. [38] However, those failures have to be placed in the context where it was genuinely believed that,...

7. Naera v Fenwick - Whakapoungakau 24 (2017) 169 Waiariki MB 3 (169 WAR 3) [pdf, 292 KB]

   ...are appropriate. 4 (2009) 7 Taitokerau Appellate MB 216 (7 APWH 216) 5 Monschau v Bambler – Tahorakuri A No 1 Section 33A2 Ahu Whenua Trust [2016] Maori Appellate Court MB 383 (2016 APPEAL 383) 6 See Karepa v Te Riini - The Kikorangi and Kareti Karepa Whanau Trust (2016) 144 Waiariki MB 3 (144 WAR 3) citing Samuels v Matauri X Incorporation - Matauri X Incorporation (2009) 7 Taitokerau Appellate Court MB 216 (7 APWH 216...

8. [2006] NZEmpC AC 68/06 Colosimo & Anor v Parker [pdf, 78 KB]

   ...was employed by Mr Mehta personally and not with his company Exotiqa Ltd and that situation did not change before Mr Sheikh's dismissal. I agree with the Tribunal that the employment contract was between Mr Sheikh and Mr Mehta. Mr Mehta's appeal against the Tribunal's findings in respect of Mr Sheikh is dismissed. [30] Much has been made in this case of the fact that Mr Parker was never made aware that Taffy’s Bar Limited was the employer. However, the real issue is...

9. OR v PL LCRO 88 / 2011 (20 August 2012) [pdf, 110 KB]

   ...complaints when it provided in section 138(1)(f) of the Lawyers and Conveyancers Act 2006 that a Standards Committee may determine to take no further action in respect of a complaint if “there is in all the circumstances an adequate remedy or right of appeal...that it would be reasonable for the person aggrieved to exercise.” [23] If the fact that a person would incur costs in pursuing that remedy (rather than making a complaint which is free) were a factor to be taken into acco...

10. BORA Countering Terrorist Fighters Legislation Bill [pdf, 362 KB]

    ...must be returned to the relevant agency. The Court must continue to make the decision or determine the proceedings without regard to the classified information or as if the information had not been available in making the decision subject to the appeal or review. We understand that if the withdrawn classified information was the evidence relied upon by the decision maker, on review or appeal without that evidence the decision will appear to be unsupported by evidence and the challenge b...