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1. [2024] NZEmpC 69 Magnum Hire Ltd v Parker [pdf, 224 KB]

   ...important was whether Mr Parker was prevented from making a breach of contract claim by s 113 of the Employment Relations Act 2000 and thus whether the awards of special damages made by the 18 Although dealing with an application to bring an appeal out of time, the Supreme Court made helpful observations about the necessarily superficial nature of any consideration of the merits of cases at an interlocutory stage in Almond v Read [2017] NZSC 80, [2017] 1 NZLR 801 at [39]....

2. GB v PW LCRO 140/2012 (13 August 2014) [pdf, 142 KB]

   ...much 1 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008. 2 Above n1. 3 Affidavit of Ms GB sworn 2 July 2012 at [22]. 4 Above n 3 at [7]. 3 broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review and the extent of the investigations necessary to conduct that review. Review Hearing [11] The parties attended a review hearing in Auckland on 2...

3. [2013] NZEmpC 245 Bracewell v Richmond Services Ltd [pdf, 83 KB]

   ...destruction or non-alteration as she fears. The defendant’s preparedness to agree to a stay on that condition has been consistently held out to the plaintiff but rejected by her. [22] Although the law on stays of execution of remedies pending appeals has from time to time set out a number of tests to be applied, the overall consideration is where the interests of justice lie until the Court can finally determine the proceeding. [23] I am satisfied that the interests of justice in...

4. AX v ZM LCRO 244/2012 (23 April 2014) [pdf, 173 KB]

   ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review and the extent of the investigations necessary to conduct that review. Discussion [31] At the review hearing Ms AX traversed a wide range of...

5. KB and SB v EQC [2020] CEIT-2020-0021 [pdf, 222 KB]

   ...refer to both protections as being without prejudice. Although I am not bound by the requirements of the Evidence Act, the without prejudice rule is a very important one. In Sheppard Industries Ltd v Specialized Bicycle Components Inc the Court of Appeal discussed the exceptions when evidence of without prejudice communications may be admissible.3 Of these exceptions, three require consideration: (a) when parties have mutually waived the protection of the without prejudice rule;...

6. COVID-19 Response (Courts Safety) Legislation Bill [pdf, 408 KB]

   ...they fail to confirm to the Registrar’s satisfaction that they have met COVID-19 jury requirements. The Registrar may refer the exercise of powers of deferral or excuse to a Judge and any person dissatisfied with a Registrar’s decision may appeal against that decision to a Judge. A Judge may also excuse a person summoned to attend as a juror in the court in which the Judge sits if the Judge is not satisfied that the person meets the COVID-19 jury requirements. 30. A Registrar...

7. [2012] NZEmpC 17 Transpacific Industries Group (NZ) Ltd v Harris & Others [pdf, 90 KB]

   ...matter removed to the Court rather than an investigation meeting and a hearing de novo of a challenge. [24] Ms Stone properly raised the other side of that proposition which is that removal into the Court would deprive the parties of a “right of appeal”. That is undoubtedly correct but, as the Court has observed on previous occasions, that occurs whenever a matter is removed under s 178 and the legislature must have regarded it as an acceptable consequence. [25] Ms Stone qu...

8. ENVC Hearing 6Oct14 NPI Trust Moana Te Waeroa numbered [pdf, 73 KB]

   ...Court,  upholds  the  Mana  of  the  Waitangi  Tribunal  Court  who  uphold  my  own   Mana  as  a  Treaty  Partner  and  ask  that  you  digest  the  importance  of  my  appeal.         8   It  should  be  noted  that  pre  2000,  the  various  Crown  agencies  accepted   representative  of    Waiheke  Island  at  that  time,  was  th...

9. [2008] NZEmpC AC 19/08 Barry v Anoop Investments Ltd [pdf, 37 KB]

   ...between the representatives, culminating in an email dated 19 July 2007 from the defendant’s solicitors in which they confirm that they acted for the defendant “with regard to the Employment Authority matter as well as the Employment Court Appeal”. They regretted the delay in replying and said that they would be seeking to file a defence and went on to refer to the possibility of a settlement. [7] Upon being advised of this communication, Chief Judge Colgan set the matte...

10. [2020] NZEnvC 112 Lindis Catchment Group Incorporated v Otago Regional Council [pdf, 1.2 MB]

    ...year to run). On the other hand if the consents are to commence on 2 October 2021 - which may be realistic since the Joint ORC/LCG submissions dated 17 February 2020 [13] [Environment Court document 85]. 5 (First) Interim Decision has been appealed to the High Court- then only Cluden Station's consent 2003.251.V1 and Kotiti's consent 2001.546 will need to be surrendered. (11) If the consents are to commence soon then there is one other point not directly referred to by...