Ministry of Justice

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1. ENVC paper Justice Without Barriers AIJA Conference 2015 [pdf, 456 KB]

   ...Principal Environment Judge Laurie Newhook (NZ), to the AIJA Conference: JUSTICE WITHOUT BARRIERS: Technology for greater access to justice. 21-22 May, Brisbane, Queensland, Australia Introduction [1] I commence with a fairly bold claim that I believe is backed by statistical analysis, that, in contrast to the situation about a decade ago, the Environment Court of New Zealand is one of the more efficient parts of the resource management (planning) system in the cou...

2. [2019] NZEmpC 75 Horizon Concepts Ltd v Hayward [pdf, 435 KB]

   ...Relations Authority held that Mr Hayward was Horizon Concepts’ employee and made a declaration accordingly.1 That determination was challenged by Horizon Concepts. Subsequently, the Authority removed the remaining matters before it, relating to claims for remedies for an alleged personal grievance, to the Court.2 Beginning of the working relationship [4] Mr Wood and Mr Hayward have known each other since the late 1980’s when they both worked in the printing trade. In abou...

3. Deputy Registrar - Mohaka A4B (2021) 102 Tairawhiti MB 177 (102 TRW 177) [pdf, 268 KB]

   ...New Zealand Tairāwhiti District A20210004048 WĀHANGA Under Sections 237, 238 and 239, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Mohaka A4B DEPUTY REGISTRAR Te Kaitono Applicant Nohoanga: Hearing 7 April 2021 (Heard at Hastings) Kanohi kitea: Appearances Arthur Gemmell, Sam Gemmell, Neti Whatuira, in person Bessie Phillips, Padre Phillips, Querida Rewi and others in person Whakataunga:...

4. Yu v CAC 20006 & Guo [2014] NZREADT 60 [pdf, 40 KB]

   ...period was from 27 January 2011 until 30 April 2011. However, the listing agreement had two sections that were incomplete. Mr Yu had not included his email address nor signed off a declaration regarding weathertightness issues. [9] The licensee claims that he contacted Mr Yu about these two matters and was advised to fill in his own email address and forward it to him and to also tick off the disclosure declaration. The licensee states that he filled in his email address but did n...

5. [2010] NZEmpC 22 The Chief of Defence Force v Ross-Taylor [pdf, 55 KB]

   ...employer to do any work for hire or reward under a contract of service; and (b) includes— (i) a homeworker; or (ii) a person intending to work; but (c) excludes a volunteer who— (i) does not expect to be rewarded for work to be performed as a volunteer; and (ii) receives no reward for work performed as a volunteer. (2) In deciding for the purposes of subsection (1)(a) whether a person is employed by another person under a contract of service, the Court or the Autho...

6. [2023] NZEmpC 179 Pyne v Invacare New Zealand Ltd [pdf, 255 KB]

   ...seek to disturb the Authority’s finding that he was unjustifiably dismissed and unjustifiably disadvantaged, or that the company breached its obligations of good faith to him; he does seek to disturb the Authority’s awards. In this regard he claims that the Authority erred in fact and law in its approach to the calculation of both pecuniary (lost wages) and non-pecuniary (compensation for emotional harm) loss, and submits that both awards ought to be set aside and increased awa...

7. [2022] NZEmpC 177 Shah Enterprise IT Ltd v A Labour Inspector [pdf, 240 KB]

   ...lived with Mr Shah while he was employed at Shah Enterprise’s convenience store and paid no rent. Shah Enterprise says he agreed to pay $250 as board but with payment deferred as he was a student and only working part-time. [8] There is no claim for wages for February 2018 to 22 May 2018, but the pay for that period is relevant to the calculations of board and holiday pay. [9] From 23 May 2018, Mr Maradiya was able to work full-time under the student visa until it expire...

8. Canterbury Westland Standards Committee v Parsons [2013] NZLCDT 48 [pdf, 72 KB]

   ...misconduct, was found to be proven. The evidence showed that Mr Parsons should have operated a trust account in respect of money he received from his clients. The Tribunal was satisfied that there had been wilful and reckless breaches of the applicable statute and regulations. [8] The Investigation Charge, of unsatisfactory conduct, (amended from a charge of misconduct as noted) was found to be proven. The Tribunal was satisfied that on the evidence Mr Parsons had been less...

9. [2024] NZEnvC 185 Transpower New Zealand Limited v Central Hawkes Bay District Council [pdf, 5.7 MB]

   ...the Resource Management Act 1991, the Environment Court, by consent, orders that: (1) The appeals are allowed subject to the agreed amendments to the Central Hawke’s Bay Proposed District Plan as set out in Appendices A – L, attached to and forming part of this order; (2) All references to the “LLRZ - Large Lot Residential Zone (Coastal)” in the Central Hawke’s Bay Proposed District Plan shall be amended to “LLRZ – Large Lot Residential Zone”; (3) The following appeals...

10. Final Submissions Summary Report [pdf, 1.1 MB]

    ...tātou Our path ahead Although all reasonable steps have been taken to ensure the accuracy of the information contained in this document, the Ministry of Justice disclaims any and all responsibility for any inaccuracy, error, omission, or any other kind of inadequacy, deficiency, or flaw in, or in relation to, the information; and fully excludes any and all liability of any kind to any person or entity that c...