Search Results

1. [2015] NZEmpC 234 2015 AFT v BCM [pdf, 294 KB]

   ...signs the agreed terms of settlement: 1. The settlement is final and binding on and enforceable by us; and 2. except for enforcement purposes, neither of us may seek to bring those terms before the Authority or Court whether by action, appeal, and application for review, or otherwise; and 3. the terms of the settlement cannot be cancelled under section 7 of the Contractual Remedies Act 1979; and 4. that section 149(4) provides that a person who breaches an agreed t...

2. [2009] NZEmpC WC 29/09 Smith v Attorney-General for Commissioner of Police [pdf, 93 KB]

   ...is to be determined by law that has been superseded. First, because the dismissal took place in mid 2004 before the enactment of s103A of the Employment Relations Act 2000, the test for justification of dismissal is identified by the Court of Appeal in W & H Newspapers Ltd v Oram1. Second, the process that led to Mr Smith’s dismissal was not the more recently adopted mainstream employment law. Rather, it was the former process by which a police officer faced first a Tribuna...

3. Legal aid grants December 2021 [xlsx, 85 KB]

   ...is available at www.justice.govt.nz/courts/going-to-court/legal-aid/ Criminal grants Legal aid may be granted in respect of the following criminal matters: (a) criminal proceedings in the District Court, the Youth Court, the High Court, the Court of Appeal, or the Supreme Court: (b) appeals to the Judicial Committee of the Privy Council in criminal proceedings, where the Attorney-General certifies that a question of law of exceptional public importance is involved and that the grant of crimina...

4. [2020] NZEnvC 027 Lake Road Preservation Society Incorporated v Auckland Council [pdf, 3.6 MB]

   BEFORE THE ENVIRONMENT COURT AT AUCKLAND Decision No. [2020] NZEnvC 027 Hearing: Court: IN THE MATTER OF An application for enforcement orders under section 316 of the Resource Management Act 1991 ("the Act") and an appeal under section 121 of the Act BETWEEN LAKE ROAD PRESERVATION SOCIETY INCORPORATED (ENV-2017-AKL-000187) Applicant for enforcement orders AND LAKE ROAD QUARRY LIMITED and O'CALLAGHAN HOLDINGS LTD AND AND AND (ENV-2019-AKL-000169) A...

5. Legal aid grants June 2023 [xlsx, 83 KB]

   ...is available at www.justice.govt.nz/courts/going-to-court/legal-aid/ Criminal grants Legal aid may be granted in respect of the following criminal matters: (a) criminal proceedings in the District Court, the Youth Court, the High Court, the Court of Appeal, or the Supreme Court: (b) appeals to the Judicial Committee of the Privy Council in criminal proceedings, where the Attorney-General certifies that a question of law of exceptional public importance is involved and that the grant of crimina...

6. LCRO 78/2017 UT v HB (26 June 2019) [pdf, 346 KB]

   ...scope of review [34] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:1 … 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...

7. [2016] NZEmpC 153 Spotless Facility Services NZ Ltd v Mackay [pdf, 272 KB]

   ...what would be described in general contract law as cancellation following a repudiatory breach of contract under s 7 of the Contractual Remedies Act 1979. [67] It is necessary to focus on the way in which courts, and in particular the Court of Appeal, have characterised such a dismissal over the years. There are three potential categories which might give rise to such a dismissal. They were described by Cooke J (as he then was) in Auckland Shop Employees Union v Woolw...

8. [2020] NZREADT 30 Cavanagh (23 July 2020) [pdf, 545 KB]

   ...Agency, which alerted the banks. The total loss to lenders amounted to $3,844,287.37, on loans advanced of $12,988,950. 1 This summary has been prepared by reference to the judgment of the Court of Appeal in Arysomayajula v The Queen [2011] NZCA 633, and the sentencing notes of District Court Judge A E Kiernan in Serious Fraud Office v Cavanagh CRI-2009-004-023457, 22 October 2009. [6] On 3 October 2007, the Real Estate Lice...

9. [2009] NZEmpC WC 17/09 Idea Services Ltd v Dickson [pdf, 84 KB]

   ...paid the minimum rate for an average of 14 hours per day. It upheld the Tribunal’s approach of regarding her as working only when she was physically engaged in carrying out her duties. [49] The case is of very little precedent value. On appeal to the Court it had been argued for the first time that the employee’s hours of work should be based on when she was ready, willing and able to serve the employer. That had not been raised before the Tribunal and s95 of the Employme...

10. [2018] NZEnvC 006 The Wellington Co. Ltd v Save Erskine College Trust [pdf, 23 MB]

    ...KOOTI TAIAO 0 AOTEAROA Court: Hearing: Appearances: Date of Decision: Date of Issue: IN THE MATTER AND IN THE MATTER BETWEEN AND AND Decision No. [201 BJ NZEnvC ~ of the Resource Management Act 1991 ("RMA") of an appeal under s 195 RMA THE WELLINGTON COMPANY LIMITED ("TWC") (ENV-2017 -WLG-000038) Appellant THE SAVE ERSKINE COLLEGE TRUST ("SECT") Respondent HERITAGE NEW ZEALAND POUHERE TAONGA ("HNZPT") Section...