Ministry of Justice

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1. [2013] NZEmpC 228 Edwards v The Board of Trustees of Bay of Islands College [pdf, 143 KB]

   ...non-disclosure [26] Declaring such communications to be privileged under reg 44(3)(c) in the field of employment relations is not unprecedented. Indeed, one of the precedents involved the employment of a teacher by a school. The Court is not aware that permitting some documentary communications to be privileged in these circumstances, on a case by case basis, has caused difficulties over the last 20 years or so: the scarcity of cases is probably the best testament to that. [27]...

2. Ketu - Estate of Te Ringahuia Rangitakatu [2018] Chief Judge's MB 237 (2018 CJ 237) [pdf, 380 KB]

   ...(with the support of Loretta May Gay, Sarita Hug and Virginia Lillian Church) (‘the respondent’) opposing and seeking dismissal of the application. The intentions expressed in the deceased’s will were further interpreted by the respondent as permitting relocation of a house onto the land by Ida Te Iria Kaipara Hiri. [10] Additional correspondence was sent to the Court by Daniella Cesca on 29 April 2018 containing the following statement: A) Concerning the first part of the...

3. Evidence - Noise - Minister for Children - Rhys Hegley - Final [pdf, 424 KB]

   ...40dB LAeq, which readily complies with the 50dB LAeq day time limit. 8.6 Submissions 40 and 50 identified crying at night as a particular issue. Notwithstanding that such crying was, and would likely remain, from the younger children that are permitted under the current designation, I have considered this issue. - 10 - AD-114408-1-3119-V2 8.7 As the crying was reported at night, it must have been indoors which, for security reasons means closed windows. This being the...

4. Kapiarumala v New Zealand Catholic Bishops Conference (Strike-Out Application) [2018 NZHRRT 18 [pdf, 206 KB]

   ...Application) [2014] NZHRRT 60 at [14] to [21] the Tribunal only has jurisdiction over whatever “complaint” has been earlier lodged with the Human Rights Commission. Proceedings before the Tribunal under the HRA are not of an open-ended nature, permitting a general inquiry into all Part 1A and Part 2 issues about which the complainant may feel aggrieved. Rather, the jurisdiction of the Tribunal is confined to the “complaint” 8 lodged with the Commission at first instance....

5. LCRO 32/2022 QP v ZH (28 March 2023) [pdf, 209 KB]

   ...agents for the beneficiaries, since their duty is to act independently. [44] [Law firm K], and the Standards Committee, proceeded on the basis that the firm’s client was [ABC], and that the payment into a bank account held by the Trust was permitted by s 110(2)(b) of the Act. [45] Section 110(2)(b) provides: An incorporated firm that, in the course of its practice, receives money for, or on behalf of, any person– (b) must hold the money, or ensure the money is held, exclus...

6. [2015] NZEmpC 194 Tuala v Linfox Logistics (N.Z.) Ltd [pdf, 122 KB]

   ...be made only where a claim has little chance of success. 18 For the reasons stated above, I do not consider that to be the situation in the present case. I am satisfied that Mr Tuala is a worthy plaintiff with a genuine claim which should be permitted to proceed to a hearing. [54] The plaintiff's application for a stay of the Authority's costs determination pending the outcome of the substantive hearing is granted. 19 The defendant's application for a security...

7. Scarborough v Kelly Services NZ Ltd [2015] NZHRRT 53 [pdf, 73 KB]

   ...application in the High Court under the Crimes Act 1961. And that is where I am going to finish Ms Dickinson’s career if she ever thought about becoming a manager, and Mr McColl’s career as a manager and/or director because dishonest persons are not permitted to manage companies under the Companies Act 1993. [15] As mentioned the making of these unfounded allegations has not assisted Ms Scarborough’s case. We do not, however, detect any malice. Ms Scarborough has convinced he...

8. EA v NR LCRO 130/2015 (31 October 2016) [pdf, 174 KB]

   ...confidence all information concerning a client, the retainer, and the client’s business and affairs acquired in the course of the professional relationship. [47] Ms NR was not required to disclose information pursuant to rule 8.2. She was not permitted to disclose the information pursuant to rule 8.4. There is no suggestion that she used the information for the benefit of any other person, or herself. Nonetheless, given the broad scope of the obligations of confidentiality that a...

9. Waikato Bay of Plenty Standards Committee 1 v H [2013] NZLCDT 7 (18 March 2013) [pdf, 222 KB]

   ...the Auckland District Law Society (7th edition, July 1999), was prepared by the Practitioner and signed by the Vendor and Complainant, dated 3 May 2000 (Agreement). 8 The Agreement contained a standard vendor warranty that all necessary building permits and certificates (including a code compliance certificate) had been obtained. 9 The purchase price for the Property was $205,000. The purchase duly settled on 30 June 2000, with the Complainant taking possession from that time....

10. Beef + Lamb NZ - EiC - J M Chrystal - Agricultural Science - 5 Feb 2021 (corrected) [docx, 1.8 MB]

    0 IN THE ENVIRONMENT COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI TAIAO O AOTEAROA ŌTAUTAHI ROHE ENV-2020-CHC-128 UNDER the Resource Management Act 1991 (RMA) IN THE MATTER of the Water Permits Plan Change - Plan Change 7, being part of a proposal of national significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA OTAGO REGIONAL COUNCIL...