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1. [2024] NZEmpC 136 Stellar Elements New Zealand Limited v Amesbury [pdf, 329 KB]

   ...trust and confidence, but also on the legislative requirement for good faith behaviour, and by acknowledging and addressing the inherent inequality of power in employment relationships. [17] In NZ Tax Refunds Ltd v Brooks Homes Ltd, the Court of Appeal confirmed that for interim injunction purposes, an applicant must first establish that there is a serious question to be tried or, put another way, that the claim is not vexatious or frivolous. Then, the balance of convenience must be...

2. [2024] NZEmpC 140 Sharma v Prolife Foods Ltd [pdf, 184 KB]

   ...intervention, which was unsuccessful. [20] At no point did her immigration advisors suggest that she take any steps against Prolife Foods, and she did not seek or obtain employment advice. It was only in June 2023, after she had unsuccessfully appealed her deportation order, that she understood that she could take action against Prolife Foods. Two requirements for leave to be granted [21] Under s 114 of the Act, leave may be granted to raise a personal grievance outside the presc...

3. A-Certificate-of-Approval-Application-form 2024 - Updated Form 20240927.pdf [pdf, 209 KB]

   ...section 65 of the Land Transport Act 1998, or an earlier equivalent provision? Yes No Have you ever been ordered by a New Zealand 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 wor...

4. LCRO 156/2023 PF v NY, WJ and MQ (11 October 2024) [pdf, 247 KB]

   ...scope of review [52] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:3 … 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 that...

5. Pratt v General Distributors Limited [2025] NZHRRT 5 [pdf, 337 KB]

   ...discussed in this decision. 3 Andrew Butler and Petra Butler The New Zealand Bill of Rights Act: A Commentary (2nd ed, LexisNexis, Wellington, 2015) at [17.4.1]. 4 Butcher v New Zealand Transport Authority [2022] NZHRRT 21 at [57]. As the Court of Appeal said in Ngaronoa v Attorney-General [2017] NZCA 351, [2017] 3 NZLR 643 at [119]: “Indirect discrimination under s 65 of the Human Rights Act can arise when a criterion in a law or policy, which is not on its face discriminatory, corres...

6. Flawn v Accident Compensation Corporation (Individual Rehabilitation Plan) [2024] NZACC 142 [pdf, 587 KB]

   IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2024] NZACC 142 ACAR 125/23 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN AMBER FLAWN Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 8 July 2024 Heard at: Invercargill/Waihōpai Appearances: P O’Sullivan for the appellant F Becroft for the respondent Judgment: 26 August 2...

7. LCRO 145/2023 ET v PU (25 February 2025) [pdf, 241 KB]

   ...scope of review [46] The nature and scope of a review was discussed by the High Court in 2012, which said of the process of review under the Act:5 … 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 th...

8. [2025] NZEmpC 115  Otira Stagecoach Hotel Limited v Wright  [pdf, 162 KB]

   ...statement of evidence Mr Wright relied on in the Authority and of a report by Dr Olive Webb who is a registered clinical psychologist. In relation to Dr Webb’s statement, Mr Rowntree advised me that it was relevant to the prospect of pursuing an appeal, presumably in the High Court, arising from Judge Rollo’s decision. [16] I have also received evidence from Robin Nicholl. Mr Nicholl is a retired senior police officer who is now a licensed private investigator. In March 2024,...

9. Equal Pay Amendment Bill [pdf, 303 KB]

   ...c. prevents a person from commencing proceedings in the Authority or the court to the extent that those proceedings concern a review clause ( or a term or condition of an employment agreement based on such a clause); d. requires any challenges or appeals underway relating to a decision of the Authority or court on a review clause to be decided under the amended pay equity framework. 22. I have considered whether these provisions engage the right to judicial review and the right to bring...

10. LCRO 111/2024 MS v PC (24 March 2025) [pdf, 273 KB]

    ...respondent demonstrated a lack of knowledge of and respect for the mediation process; (d) the respondent “…fail[ed] to provide well-founded legal arguments…”, “…made misrepresentations about the litigation risk and incorrectly spoke about the appeals process”, “…made incorrect claims about the next steps and costs…” and “…did not understand what a Calderbank offer was…”; (e) the respondent “…allowed the [other company representatives] to engage in off...