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1. [2025] NZEmpC 22 Menzies v Corrigan [pdf, 205 KB]

   ...Corrigan’s financial circumstances would prevent him from repaying any money paid to him. [11] Mr Anderson also submitted that the merits of this case are sufficiently clear as to be treated as a critical factor. He says that the Authority was not permitted to make the orders it made against Mr Menzies, that it incorrectly investigated the company’s affairs prior to its liquidation, and that there was a serious breach of natural justice because Mr Menzies was not heard in rela...

2. QQ v R Ltd [2024] NZDT 741 (2 October 2024) [pdf, 223 KB]

   ...than not that the sheets had been removed from the bed by the housekeeping staff prior to the photo being taken and were left in that condition on the bed by QQ and/ or his guest. 33. R Ltd claims that dog hair was found in the room and QQ was not permitted to have a dog in the room. QQ denied bringing the dog into the room and said they stayed in his vehicle overnight. There was no evidence from any member of staff of R Ltd that they saw a dog in the room. QQ accepts that dog hair may h...

3. U Ltd v NP [2024] NZDT 780 (4 November 2024) [pdf, 172 KB]

   ...NP chose and the colour U Ltd were painting over. I am satisfied that that accounts for the additional time and expense involved in this job. Is U Ltd entitled to the amount sought of $6,400.00 or any other amount? 42. Section 43 of the FTA permits the Tribunal to make various orders if it is satisfied that there has been a breach of one of the sections of the FTA dealing with misleading or deceptive conduct in trade. 43. I have calculated a reasonable figure for this job. I fi...

4. [2013] NZEmpC 172 Aviation & Marine Engineers Assn Inc v Air New Zealand Ltd [pdf, 601 KB]

   ...cause of action is another alternative but is also in addition to the second cause of action. It says that if the Court concludes that the Blue Book does cover the employment of employees engaged on line maintenance work, Air New Zealand is not permitted to determine by which collective agreement its employees are, or are to be, covered. The remedies claimed for this cause of action include: a declaration to that effect and that employees performing line maintenance work are en...

5. International Covenant on Civil and Political Rights - 5th report [pdf, 386 KB]

   ...130. The New Zealand Defence Force formally rescinded the policy against women serving in active combat in 2000. The Human Rights (Women in Armed Forces) Amendment Bill was enacted in May 2007 and repealed section 33 of the Human Rights Act, which had permitted the New Zealand Defence Force to discriminate on the basis of gender in active combat roles. In July 2007 New Zealand withdrew its remaining reservation to CEDAW (relating to the service of women in the New Zealand Police and the Ar...

6. Robinson v ACC [2012] NZACA 12 [pdf, 637 KB]

   ...by Parliament's clear provision of the discretion in s 59(5) for payment to be made where it is difficult or impossible to ascertain earnings as an employee for any period: Section 59(5)(b) deals with interim determinations whereas subs (5)(a) permits the Corporation to determine and pay "fair and just compensation without being required to make assessments of relevant earnings and actual earnings". [27] The essence of Mr Peart's argument was that as the Corporation w...

7. Moeahu v Winitana - Waiwhetu Pa No 4 (2013) 310 Aotea MB 172 (310 AOT 172) [pdf, 214 KB]

   ...as a servant or officer of the trust, or that directly or indirectly affects any contract in which that person may be interested or concerned other than as a trustee of another trust. [48] There is no dispute that as a fiduciary a trustee cannot permit any conflict between personal interests and the trustee’s duties to the beneficiaries: Boardman v Phipps. 11 Even a potential conflict of interest is sufficient to render a transaction improper: 12 A reasonable man looking a...

8. [2013] NZEmpC 55 Morgan v Whanganui College Board of Trustees [pdf, 223 KB]

   ...dealing with this issue, and the scheme of the legislation as a whole, in light of which the individual provisions must be interpreted. [8] Section 179 (“Challenges to determinations of Authority”) of the Employment Relations Act 2000 (the Act) permits a party “to a matter before the Authority who is dissatisfied with the determination of the Authority or any part of that determination …” to elect to have the matter heard by the Court. What amounts to a “determinati...

9. Donnelly v Deputy Registrar - Ohinepoutea B [2018] Māori Appellate Court MB 219 (2018 APPEAL 219) [pdf, 478 KB]

   ...to consider the outcome of the AGM election.3 At that hearing there were objections to the way in which the trustees managed the election process. The objections concerned issues around the advertisement of the meeting and whether proxies were permitted or not. The outcome of the hearing was that Chief Judge Isaac gave directions for another meeting to take place to consider the appointment of trustees. Because of the issues affecting the previous election the Chief Judge direct...

10. E82 Martin Te Moni - EIC - Ngaati Whanaunga [pdf, 1.8 MB]

    ...take advantage of potential commercial, cultural and environmental opportunities over that period. Cumulative Effects 78. Waitemataa and the surrounding areas have been significantly modified by past activities and activities that are currently permitted within the area. 79. The Crown acknowledged Ngaati Whanaunga as a maritime tribe, whose mana extended from Mai Matakana ki Matakana well before 1840. For Ngaati Whanaunga along with many other iwi, the sea dominated life for ma...