Search Results

1. [2020] NZEmpC 111 Cooper v Phoenix Publishing Ltd [pdf, 218 KB]

   ...Publishing Ltd (No 2) [2020] NZEmpC 11. 6 Peter Reynolds Mechanical Ltd t/a The Italian Job Service Centre v Denyer (Labour Inspector) [2016] NZCA 464; [2017] 2 NZLR 451; [2016] ERNZ 828. [17] In Peter Reynolds v Labour Inspector the Court of Appeal indicated a range of factors will be relevant in assessing the level of a fine. They include the nature of the default (whether it is deliberate or wilful), whether it is repeated, without excuse or explanation, and whether it i...

2. LCRO 12/2018 NH and EW v TL and [KT Law] (17 February 2020) [pdf, 102 KB]

   ...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: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. 1 Deliu v Hong [2012] NZHC 158, [2012] NZAR 209 at [39]–[41]. 6...

3. [2022] NZEmpC 232 Kang v Saena Company Ltd [pdf, 249 KB]

   ...Kim said that costs should accordingly lie where they fall. Principles [11] Clause 19 of sch 3 of the Employment Relations Act 2000 (the Act) governs the award of costs in the Court. The principles are well known and are set out in Court of Appeal judgments including Victoria University of Wellington v Alton-Lee,7 Binnie v Pacific Health Ltd,8 and Health Waikato Ltd v Elmsly.9 Where the Court is not assisted by an assessment of costs under the scale, a “starting point at 66 pe...

4. [2023] NZEnvC 074 Currie v Palmerston North City Council [pdf, 385 KB]

   IN THE ENVIRONMENT COURT AT WELLINGTON I TE KOTI TAIAO O AOTEAROA KI TE WHANGANUI-A-TARA Court: IN THE lvIA TIER Decision No. [2023] NZEnvC 074 of an appeal under s 120 of the Resource Management Act 1991 BET\'(!EEN ISOBEL ESTHER CURRIE and BEV AN PHILIP CURRIE AND AND (ENV-2021-WLG-000040) Appellants PALMERSTON NORTH CITY COUNCIL Respondent TOLLY FAR.J.vI LTD (trading as SOUL FRIENDS PET CRElvIATIONS) Environment Judge BP Dwyer Environment Commissioner D...

5. [2023] NZIACDT 27 BT v Li (2 November 2023) [pdf, 209 KB]

   ...Act 2009, s 61 (absolute discretion to grant a visa in a special case). 3 Complaint made to Ms Li [8] The complainant wrote to Ms Li on 23 May 2023 seeking clarification of the decision to pursue two s 61 requests, following a Ministerial appeal. According to the complainant, a request under s 61 was likely to be futile. [9] Ms Li replied the next day, 24 May 2023. She said using s 61 was a proper approach as the client did not want to leave New Zealand. He agreed to it befo...

6. [2025] NZEmpC 102 The Secretary for Education v New Zealand Post Primary Teachers' Association Incorporated Te Wehengarua [pdf, 190 KB]

   ...rise to litigation, is that collective agreements in the education sector include terms that bind the employers, and terms that bind the Secretary. In The Secretary for Education v New Zealand Educational Institute Te Riu Roa Inc, the Court of Appeal held that the Secretary was properly named as the sole respondent in proceedings before the Authority alleging breaches by the Secretary of an obligation that, under the collective agreement, was hers alone.11 While the issue differed...

7. LCRO 19/2024 MT v DB (31 January 2025) [pdf, 156 KB]

   ...scope of review [18] 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...

8. LCRO 168/2023 KM v ZT (30 April 2025) [pdf, 154 KB]

   ...scope of review [37] 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...

9. [2024] NZEmpC 219 Oliver v Biggs [pdf, 228 KB]

   ...to resolve this disputed application. A minute is not appropriate because if the application were to be dismissed, the proceeding would come to an end; and if it is granted, I should not rule out the possibility of an application for leave to appeal being advanced. Background [6] I begin by outlining a brief summary of the background to the four proceedings filed in this Court. [7] The first was commenced on 26 September 2019 against Mr Biggs, who had failed to comply with mu...

10. Davis v Hussey & Ors (Strike Out) [2025] NZHRRT 28 [pdf, 194 KB]

    ...and her written statements of evidence by 21 March 2025. [18] Following the Minute being issued, on that same day, 25 February 2025, Ms Davis filed a memorandum in which she objected to the directions that were made. 7 Whilst Ms Davis had appealed the Tribunal’s strike out decision to the High Court, that appeal does not operate as a stay on the proceeding per s 123(9) of the Human Rights Act 1993 (HRA). 8 In the Minute it was noted that discovery was to be undertaken by the pa...