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1. [2006] NZEmpC AC 49/06 National Distribution Union & Anor v General Distributors & Anor [pdf, 59 KB]

   ...from engaging in unlawful conduct. [29] Taking a purposive approach to s97, it should be interpreted to prevent employers from avoiding the economic consequences of strike or lockout action in all but certain specified respects. As the Court of Appeal noted in Carter Holt Harvey Ltd v National Distribution Union Inc [2002] 1 ERNZ 239, 249: [30] … Section 97 imposes restrictions on the persons employers may employ or engage to do the work of striking or locked out workers. Althou...

2. Aramatua Trust v Proctor - Nuhaka 2C2X (2020) 99 Tairawhiti MB 106 (99 TRW 106) [pdf, 219 KB]

   ...records of this block are not readily available, however, I am bound to give effect to the orders of the Māori Land Court. In other words, the only orders that bind me, are the previous orders of this Court or the Māori Appellate Court, subject to appeals to the superior courts. Ngā take mō te whakataunga – Reasons for Decision [19] The application was filed on behalf of the trustees. They are the legal owners of the blocks subject to the trust. The respondent is one o...

3. Edwardes v Architectural Edge Limited [2017] NZWHT Auckland 2 [pdf, 117 KB]

   ...scale set out by the Courts. [42] In the circumstances of this case, therefore, I consider that a contribution towards the actual costs should be awarded, but I do not consider that there are grounds for ordering indemnity costs. The Court of Appeal in Bradbury v Westpac Banking Corporation 11 recognised the categories in respect of which the discretion may be exercised is not closed but noted the following circumstances in which indemnity costs have been ordered:  The ma...

4. [2022] NZEmpC 30 Cousens v Star Nelson Holdings Ltd [pdf, 210 KB]

   ...requested, however, that leave be reserved to Mr Cousens to be able to bring further applications if the compliance order remains unsatisfied. I deal with that matter at the end of this decision. [14] In Peter Reynolds v Labour Inspector, the Court of Appeal referred to a range of factors to consider in assessing the level of a fine.4 Those factors are not exhaustive but include the nature of the default (that is whether it is deliberate or wilful), whether it is repeated, without...

5. Ritai - Parihaka Papakainga Trust (2021) 437 Aotea MB 64 (437 AOT 64) [pdf, 296 KB]

   ...this Part of this Act the Court shall appoint 1 or more responsible trustees, and may appoint 1 or more advisory trustees and 1 or more custodian trustees. [20] It is well settled that the leading decision on trustee appointments is the Court of Appeal judgment Clarke v Karaitiana.8 In particular, paragraphs [51] and [52] of the judgment make it plain that, in the normal course of events, the views of the trust beneficiaries will be very important. That said, the Court is not boun...

6. CAC20003 v Cooper [2013] NZREADT 11 [pdf, 59 KB]

   ...of same on him to respond. We shall then direct the Registrar to convene a short hearing at which we shall impose the penalty we consider appropriate. [35] Pursuant to s 113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s 116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr G Denley Member ______________________________ Mr J Gau...

7. MacMillan v NZ Parole Board [2013] NZHRRT 3 [pdf, 61 KB]

   ...offender to make submissions to the Board. (7) The Board must give a written copy of every order or determination to the offender who is the subject of the order or determination, along with information about how the offender may exercise any review or appeal rights that he or she has in relation to the order or determination. (8) Any person who publishes information provided under this section in a form that identifies, or enables the identification of, a victim (as defined in section 4 o...

8. Add or Remove a Class Individual Licence or COA [pdf, 226 KB]

   ...under section 65 of the Land Transport Act 1998, or an earlier equivalent provision?  Yes  No Have you ever been ordered by a court to be imprisoned following conviction for an offence and that conviction or order has not been quashed on appeal?  Yes  No In the last 7 years, have you ever been convicted by a New Zealand court of an offence under the Private Security Personnel and Private Investigators Act 2010 or Private Investigators and Security Guards Act 1974 for worki...

9. [2010] NZEmpC 9 Smith v Evolution E-Business Ltd [pdf, 36 KB]

   ...of an inequity” (Gartside v Outram3). This defence has been recognised in New Zealand: European Pacific Banking Corporation v Fourth Estate Publications4 and in European Pacific Banking Corporation v Television New Zealand Ltd 5 the Court of Appeal stated6: What has been called ever since Gartside v Outram the defence of iniquity is an instance, and probably the prime instance, of the principle that the law 2 [1995] 1 ERNZ 1 at...

10. LCRO 10/2016 CT v WN (31 October 2018) [pdf, 255 KB]

    ...WN had concerns as to the credibility of the fresh evidence provided by Mrs CT and suggested to Mrs CT that if she advised the Court that she had been confused as to what was required, then the critical statements could be put before the Court on appeal. Mrs CT refused. Instead, she suggested that it was Mr WN who had failed to put the critical statements before the Court, impliedly asserting Mr WN had been negligent. Mr WN declined. He also declined to continue acting for Mrs C...