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1. [2014] NZEmpC 206 Gapuzan v Pratt & Whitney Air New Zealand Services t/a Christchurch Engine Centre [pdf, 230 KB]

   ...rights of action and liabilities which are personal to the bankrupt, such as defamation and assault, do not vest in the assignees. 20 [31] A yet more recent example of this principle is found in Cork v Rawlins where the English Court of Appeal considered sums paid under two assurance policies effected by Mr Rawlins with Abbey Life Assurance Co Ltd before he became bankrupt. 21 The issue was whether a Whole of Life Policy which provided for earlier payment on receipt of pr...

2. [2014] NZEmpC 54 Hamon v Coromandel Independent Living Trust [pdf, 177 KB]

   ...the concept of causation has caused difficulties in some branches of the law. However, we think it has some utility here … (b) In Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc 6 the Court of Appeal outlined the correct approach to constructive dismissals as follows: 7 In such a case as this we consider that the first relevant question is whether the resignation has been caused by a breach of duty on the part of the employer....

3. Mullane v Attorney-General [2017] NZHRRT 40 [pdf, 417 KB]

   ...correctness of the findings and conclusions reached therein. [12] In relation to the findings made by the Privacy Commissioner at first instance, the same point must be made. The hearing before the Tribunal proceeds as a de novo hearing, not as an appeal. The fundamental principle is that the Tribunal must decide the case on the evidence and submissions received during the course of the hearing. In this case as in all others under the Privacy Act, the Tribunal inevitably receives more...

4. [2020] NZEnvC 018 Taranaki Energy Watch Incorporated v South Taranaki District Council [pdf, 5.4 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Court: Hearing: Appearances: IN THE MATTER AND BETWEEN AND Decision No [2020] NZEnvC 18 of the Resource Management Act 1991 of an appeal under clause 14 of the First Schedule of the Act TARANAKI ENERGY WATCH INCORPORATED (ENV-2016-WLG-80) Appellant SOUTH TARANAKI DISTRICT COUNCIL Respondent Environment Judge J E Borthwick Environment Commissioner J A Hodges Environment Commissioner J T Baines...

5. Otago Standards Committee v Saunderson-Warner [2013] NZLCDT 15 [pdf, 231 KB]

   ...firm and the complainant. [10] We record that the practitioner continued to act for Mr S. This was initially intended to be on a legal aid basis but in fact ultimately was a private retainer, in which the practitioner successfully conducted an appeal. This was clearly a more involved and lengthy brief that the retainer between the firm and the complainant. [11] Finally, we note that the mistaken date (19 November rather than a later, early- December date) has been the cause of...

6. Tamakehu v Te Uamairangi - Ohotu No.1C No.1 Block (2020) 414 Aotea MB 59 (414 AOT 59) [pdf, 223 KB]

   ...well-settled that the prerequisite for removal of a trustee is not simply a failure or neglect of duties, but a failure to perform them satisfactorily, necessitating an assessment of the trustees’ performance.9 [45] In Rameka v Hall, the Court of Appeal identified a two-stage approach for determining whether trustees should be removed.10 Firstly, have the trustees failed to carry out their duties satisfactorily. Secondly, if so, should the Court exercise its discretion to remove t...

7. BORA - Abortion Legislation Bill: Crown Law's advice [pdf, 220 KB]

   ...“born alive” rule, and associated jurisprudence. 5. No foetal right to life arises from the common law or s 8 of the Bill of Rights Act. While the point has not been conclusively determined in New Zealand, decisions of the High Court, Court of Appeal and the Supreme Court in Right to Life New Zealand Inc v Abortion Supervisory Committee are instructive. Personhood and the born alive rule 6. The “born alive” rule is well established in New Zealand and comparable jurisdicti...

8. LCRO 139/2017 ML v OP QR [pdf, 290 KB]

   ...and scope of review [30] The nature and scope of a review have been discussed by the High Court, 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 that...

9. Mercury NZ Ltd v Cairns - Pouakani River Bed (2022) 277 Waiariki MB 174 (277 WAR 174) [pdf, 417 KB]

   ...the Pouakani Blocks on the basis that it remained land held by the hapū of Pouakani under their customs and usages. Some 21 years later Pouakani find themselves back in the Māori Land Court after various proceedings in the High Court, Court of Appeal and the Supreme Court. [6] The Supreme Court issued decisions in 2012 and 2014, being Paki v Attorney- General (No.1),2 and Paki v Attorney-General (No.2).3 A summary of the issues before the Court in those proceedings is set out in...

10. [2021] NZACC 100 – Tutakangahau v ACC (16 July 2021) [pdf, 447 KB]

    ...July 2021] IN THE DISTRICT COURT AT WELLINGTON I TE KŌTI-Ā-ROHE KI TE WHANGANUI-A-TARA [2021] NZACC 100 ACR 305/17 and 225/18 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 151 OF THE ACT BETWEEN IRENE TUTAKANGAHAU Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 14 June 2021 Appearances: J Miller for the Appellant F Becro...