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1. Cabinet paper - Tyson Gregory Redman application for compensation for wrongful conviction and imprisonment: next steps [pdf, 4.4 MB]

   ...J's decision in Pora v Attorney-General [2017] NZHC 2081 and Cabinet's application of that decision to Teina Pora's compensation claim. 46. In Pora v Attorney-General, Ellis J granted a declaration that the Cabiriet Guidelines "permit the quantum of compensation payable to an applicant for non-pecuniary losses to be adjusted for inflation, where it is in the interests of justice to do so". Ellis J explained how she saw "the interests of justice" being a...

2. LCRO 168/2017 AH v OS and VI (21 December 2018) [pdf, 218 KB]

   ...the rule.10 9 Lawyers and Conveyancers Act, s 4(c), (d). 10 The exceptions to the rule, namely circumstances where the disclosure of information protected by the duty is both required (r 8.2) and permitted (r 8.3) are discussed below. Footnote 10 notes that even though information which a lawyer acquires about his or her client, while acting for the client, is in the public domain, such information “will nevertheless be confidential inf...

3. [2008] NZEmpC AC 22/08 NZ Amalgamated Engineering Printing and Manufacturing Union v Marley NZ Ltd [pdf, 80 KB]

   ...B.A. 6445 said: “… the term ‘shift’ does not today connote, as it once did, ‘a relay of workers following each other on a continuous process’. In this particular award, as in others, a ‘shift’ means no more than a period of work permitted at ordinary rates of wages at a time which would otherwise attract overtime rates because the work is performed outside the declared hours.” [42] The Chief Judge also quoted from paragraph [1828] (Shift work), volume 2 of Mazenga...

4. [2015] NZEmpC 214 Goel v Director-General for Primary Industries [pdf, 135 KB]

   ...November 2008, Immigration New Zealand granted Mr Goel a multiple student visa enabling him to study for a graduate diploma in business studies at Massey University in Wellington. Mr Goel arrived in New Zealand on 13 December 2009. His student permit was extended, allowing him to finish his studies in 2010. On 18 February 2010, Mr Goel was granted an "open" work permit allowing him to work in any occupation for any employer in New Zealand. [7] When he travelled to New...

5. Webber v Webber - Motungarara A1B and A2 (2023) 468 Aotea MB 90 (469 AOT 90) [pdf, 305 KB]

   ...block. Injury to the land [30] The applicant also claims that the proposed extension of the bach will cause injury to the land. Therefore, he invokes s 19(1)(a) on that basis, independently of whether there has been trespass by ouster. This is permitted because the references in s 19(1)(a) to “actual or threatened trespass” or “other injury” to any Māori land are independent of each other.13 In determining what constitutes “injury”, physical interference with the lan...

6. Ngatai v Johnson - Tokata A4 (2005) 290 Rotorua MB 19 (290 ROT 19) [pdf, 1.2 MB]

   ...equitable estoppel. In the text Equity and Trusts in Australia and New Zealand, Dal pont and Chambers second edition, at 296 estoppel is explained in these terms: lithe central principle of the SUbstantive doctrine is that, 'the law' will not permit an unconscionable ... departure by one party, [the representor] from the subject matter of an assumption which has been adopted by the other party, [the representee] as the basis of some relationship, course of conduct, act or om...

7. [2011] NZEmpC 103 Muldoon v Nelson Marlborough DHB [pdf, 153 KB]

   ...to such staff. [10] In the case of a “Casual employee”, the definition also reserves to the employer the entitlement to employ casuals “where necessary to meet the demands of service delivery.” That focuses on patient or user needs and permits the employer to use casual staff otherwise than on set hours or days of work, and as and when required, to provide for sometimes unforeseen service delivery demands. Although not applicable to this case, which deals with mental healt...

8. [2015] NZEmpC 82 Smith Crane and Construction Ltd v Hall [pdf, 226 KB]

   ...Division with Smith Crane and Construction Ltd based in Christchurch, New Zealand. Details of employment would be as follows:  A commencement date of as soon as practicable to suit your personal circumstances and on presentation of your NZ Work Permit.  Your usual hours of work would be 7.00am to 5.30pm, five days per week, Monday to Friday (50 hours per week) however you are expected to work hours required to manage the operation as described in the attached job descrip...

9. [2018] NZEmpC 67 Wendco (NZ) Ltd v Unite Inc [pdf, 322 KB]

   ...lawyers wrote to Unite, in response to a strike notice which had been issued that day, stating: Finally, we remind you that during any strike you may not picket unlawfully. This means that you may not picket on private property. You are not permitted to picket on any of Wendy’s property, including stores, car parks, driveways or drive thrus. You are also not permitted to block drive thrus. It is unlawful to intimidate any employee or customer of Wendy’s. If any trespass,...

10. Tuwhangai v Boon - Kawhia U2B [2022] Maori Appellate Court MB 345 (2022 APPEAL 347) [pdf, 313 KB]

    ...Rae v International Insurance Brokers (Nelson Marlborough) Ltd [1998] 3 NZLR 190 at 192 (CA). Particular weight will be accorded in summary judgment proceedings to the need for finality: it is only in exceptional circumstances that the Court will permit further evidence to be filed on appeal: Lawrence v Bank of New Zealand (2001) 16 PRNZ 207 (CA). [26] We are not satisfied that the further evidence is necessary to reach a just decision for three reasons. First, the appellant had amp...