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1. Eichelbaum v CAC 303 & White [2016] NZREADT 30 [pdf, 134 KB]

   ...[2007] 18 PRNZ 760 at [21] Duffy J noted that: “There is always room for the special case where fresh evidence is admitted, even though it was reasonably available for the hearing at first instance. The discretionary power … is broad enough to permit a Court to allow such evidence to be adduced. Furthermore discretionary authority should never be fettered by fixed guidelines. But such exceptions should be rare …” 3.2 However, the Authority is concerned that, whatever eviden...

2. Auckland Standards Committee 1 v Ms A [2023] NZLCDT 11 (27 April 2023) [pdf, 180 KB]

   ...disciplinary history. Like the s 242(1)(g) order, this is designed to protect her employers while she is receiving the supervision she requires and to protect the public. We found our jurisdiction to make this order under s 242(1)(h)(iii). That subsection permits conditions in relation to employment. By dealing with our concern to protect the public and future employers in this manner, we find ourselves freer to consider name suppression for Ms A. In part, this requirement ensures t...

3. [2023] NZEmpC 64 Whangamata Golf Club Inc v Harwood [pdf, 261 KB]

   ...duty imposed by or under the COVID-19 Public Health Response Act 2020 not to carry out work (however described) unless they are— (i) vaccinated; or (ii) required to undergo medical examination or testing for COVID-19; or (iii) otherwise permitted to perform the work under a COVID- 19 order: (b) an employee whose employer has determined the employee must be vaccinated to carry out the work of the employee. (2) For the purposes of subclause (1)(b), the employer must give the...

4. Brown v New Zealand Post Ltd (Strike Out) [2024] NZHRRT 21 [pdf, 207 KB]

   ...or prolix.8 A statement of claim must be accurate, clear and intelligible, and must provide sufficient particulars to enable the defendant to be fairly informed of the case to be met. Due allowance may be made for lay litigants, but they are not permitted to file incomprehensive claims if that causes prejudice and injustice to the defendant and significant inconvenience for the Tribunal.9 [9] The jurisdiction to strike out a proceeding as an abuse of process includes where there has...

5. Regulatory Impact Statement Privacy Act 1993 Information Sharing Amendments [pdf, 100 KB]

   ...are therefore open to differing interpretations. This has sometimes led to disagreements between agencies about when information sharing is permissible. There are also views that the Privacy Act makes sharing information inefficient or does not permit enough information to be shared in justifiable cases. 4 Agencies need greater certainty. 5 Non-legislative factors also contribute to concerns about the status quo. For example, codes of ethics or professional standards may be develo...

6. [2024] NZEmpC 115 VGM v JXC [pdf, 224 KB]

   ...award but rather to protect the defendant against further costs. Analysis [36] Rule 5.45(2) clearly states: A Judge may, if the Judge thinks it is just in all the circumstances, order the giving of security for costs. The rule does not permit the Court to order the giving of security for the sums potentially owing to the defendant; it only permits an order relating to the costs of the defendant in the current proceedings. [37] The quantum of security is a matter of discre...

7. [2019] NZEmpC 195 The Chief Executive of the Department of Corrections v JCE [pdf, 377 KB]

   ...of process for the following reasons: (a) the challenge is moot because the outcome will have no practical effect on the parties before the Court; and (b) there are no circumstances that would allow a challenge that is otherwise moot to be permitted to proceed. [13] The application contained two supplementary grounds. One of them was that it would be a breach of natural justice to allow the proceeding to continue, because the outcome may affect other corrections officers, and...

8. BORA Corrections Amendment Bill (No 2) [pdf, 325 KB]

   ...expression. Freedom of expression includes the right to seek, receive, and impart information and opinions of any kind in any form. Prisoners' Mail 7. Clause 14 of the Bill repeals and replaces section 107(1) of the Act. New section 107(1) permits an authorised officer to read correspondence between a prisoner and another person for the purpose of ascertaining whether it may be withheld under section 108(1). Currently, section 107(1) authorises only the prison manager to read pris...

9. Hearn v Parklane Investments Limited [pdf, 105 KB]

   ...“notice, demand, requisition of requirement” for the purposes of clause 6(1). It was therefore held that there was no breach of contract at this point. Secondly, the extent of repairs to the garage floor undertaken by the tenants indicated that a permit or building consent was required. The Morars were unaware that such repairs were undertaken until after such repairs had been done, and no such permit was obtained. The Tribunal therefore found that the Morars knew about the issues...

10. Appendix-13-Combined-Section-92-NOR-and-Resource-Consents.pdf [pdf, 771 KB]

    ...require DSIs for all identified pieces of land where the PSI cannot conclude that it is ‘highly unlikely that there will be a risk to human health if the change of use is made’ (Regulation 8(4) and/or that the soil disturbance component cannot meet permitted activity thresholds (Regulation 8(3))? 182. The PSI states that the risk screening system is based on the Ministry for the Environment (MfE) Contaminated Management Guideline No 3: ‘Risk Screening System’. 32 Could...