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1. Zhang & Cao v Chen [2018] NZIACDT 47 (16 November 2018) [pdf, 153 KB]

   ...omitted negligence and dishonest or misleading behaviour as grounds of complaint. The complainant says that the Registrar failed to discharge her statutory function; if grounds were to be omitted, she should have given notice of the right to appeal that decision pursuant to s 45(5) of the Act. The full grounds appeared in the statement of complaint, and the Registrar’s failure should not limit the grounds. [6] In relation to the decision in Mizoguchi v Immigration Advisers Com...

2. Clarke - Poukawa Patangata Ahu Whenua Trust (2020) 86 Takitimu MB 52 (86 TKT 52) [pdf, 198 KB]

   ...have then resulted in the election of trustees who may not have held the complete supprot of the owners, it would appear that there was sufficient support for the nominees, taking into account the principles set out in the decision of the Court of Appeal Clarke v Karaitiana.5 In that case the Court confirmed that the views of the owners will be extremely important to the determination by this Court as to which nominees are the most appropriate for appointment: [51] The touchsto...

3. BORA Employment Relations (Protection of Young Workers) Amendment Bill [pdf, 290 KB]

   ...a. it draws a distinction on one of the prohibited grounds of discrimination; and b. the distinction involves material disadvantage to one or more classes of individuals. 7. In Ministry of Health v Atkinson, the Court of Appeal held that “differential treatment on a prohibited ground of a person or group in comparable circumstances will be discriminatory if, when viewed in context, it imposes a material disadvantage on the person or group differentiated against...

4. Maunsell - Te Paroa Lands Trust (2003) 101 Whakatāne MB 35 (101 WHK 35) [pdf, 372 KB]

   ...Waikato-Maniapoto ACMB 34. This case also concerned the election of trustees to a Maori Reservation where the Lower Court, following a hui of beneficiaries, made orders removing trustees and appointing replacements. The Appellant, who was a beneficiary, appealed both orders. The Maori Appellate Court held that as the trustees who were removed had expressed a desire resign,. there was no issue with those orders. However, had any of the trustees disputed their resignations they would have e...

5. BORA Misuse of Drugs Amendment Bill (No3) Supplementary Order Paper [pdf, 101 KB]

   ...We understand that the rationale for including provisions in the SOP that override the Bill of Rights Act is to avoid the risk that certain regulations or orders in council will be struck down as being ultra vires as a consequence of the Court of Appeal decision in Drew v Attorney General [2002] 1 NZLR 58. 15. However, we note the scope of section 49 of the SOP (see paragraph 8 above), and the range of factors the Minister must have regard to before making recommendations. We consider th...

6. [2022] NZEmpC 58 GF v Comptroller of the New Zealand Customs Service [pdf, 192 KB]

   ...in accordance with s 103A of the Employment Relations Act 2000. 5 Smith v Attorney-General [2020] NZHC 836. 6 Benge v Air New Zealand Ltd [2011] NZEmpC 26 at [16]-[18]. [16] I return to principle, as enjoined to do by the Court of Appeal in Price Waterhouse v Fortex Group Ltd:7 In marginal cases, it is better to avoid generalities and rules of thumb, and to return to principle. The pleader and the Court simply ask “in the circumstances of this claim, is that statem...

7. Tautari - Estate of Wairua Hinerupe Fairburn (2019) 200 Taitokerau MB 1 (200 TTK 1) [pdf, 88 KB]

   ...Appointment of trustees [5] Section 222 of Te Ture Whenua Māori Act sets out the relevant factors for the appointment of trustees to a trust constituted under Part 12 of the Act. [6] There are no specific disqualifying factors in s 222. The Court of Appeal decision Clarke v Karaitiana is the leading authority on the appointment of trustees.2 In that case the Court confirmed that the views of the owners will be compelling, unless there are relevant disqualifying considerations:...

8. [2022] NZEnvC 012 Ngati Paoa Trust Board v Kennedy Point Boatharbour Limited [pdf, 92 KB]

   ...and the Trust Board's status as a "not for profit" charitable entity. [16] I acknowledge that such factors may be relevant to some extent in a costs claim, however they cannot offer a complete shield. As previously held, bringing an appeal in the public interest does not exempt a party from a costs award, and a party's status as a "community group" does not absolve it from liability for costs.8 I do not accept these factors in this case. Costs on the de...

9. LCRO 201/2017 ZK v XM (29 June 2018) [pdf, 288 KB]

   ...scope of review [22] 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 tha...

10. [2023] NZEmpC 111 Lu v Young [pdf, 226 KB]

    ...Higgs, something more than disappointment at the result in the Authority is required to justify a stay of execution.6 [12] Turning to the factors set out above, there is no evidence that, if the stay is not granted, the plaintiffs’ right of appeal will be rendered ineffectual. I accept that the challenge has been brought and will be pursued in good faith. [13] There is no effect on third parties; nor are there novel or important questions involved in the case. Further, there...