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1. AD & Anor v ZU LCRO 60/2013 (3 March 2014) [pdf, 166 KB]

   ...has wrongly recorded, failed to recognise, or misunderstood. The ADs also say that the Committee’s approach to Mr ZU’s failures was inappropriate, with particular reference to: a. failing to obtain legal aid for the ADs; b. not securing or permitting a High Court Judge to preside over the negotiations that resulted in the ADs signing the Deed; c. inadequately preparing for the settlement meeting; d. not allowing the ADs time to reflect on the agreements they had reached i...

2. [2009] NZEmpC AC 30/09 Masonry Design Solutions Ltd v Bettany [pdf, 74 KB]

   ...and internet system. After Mr Bettany’s dismissal, the company discovered that some of his work had been of such poor quality that it had to be redone at a significant cost to the company. The plaintiff also concluded that he had exceeded the permitted reasonable private use of his company cell phone for which it had paid. [10] Mr Bettany issued proceedings in the Employment Relations Authority alleging that he had been dismissed unjustifiably and seeking monetary co...

3. LCRO 190/2020 JG v VK (23 March 2021) [pdf, 260 KB]

   ...was loaded into the system by Police at 3.06 pm. [13] Regrettably by this stage, Ms JG’s younger son had already boarded a flight to [Country] with his brother and father at 2.14 pm. Immigration NZ subsequently advised that the child had been permitted to travel, “undocumented”. [14] Ms JG says that unbeknown to her, the children’s father had obtained “temporary travel documentation” from the [Country] High Commission. It was Ms JG’s 3 view that these documents...

4. MacGregor v Craig (Rescission of Confidentiality Orders) [2016] NZHRRT 23 [pdf, 225 KB]

   ...order provides: [149.2] An order is made under s 92I(3)(b) of the Human Rights Act 1993 restraining Mr Colin Craig from continuing or repeating the breaches of his confidentiality obligations under the settlement, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the breach or conduct of any similar kind. [53] In the course of the proceedings the Tribunal received closed documents from Ms MacGregor. To protect the confiden...

5. [2022] NZEmpC 183 Butt v Attorney-General [pdf, 372 KB]

   ...to enter into the Record of Settlement as a result of such misrepresentation (if established)? [5] If the plaintiffs were induced to enter the Record of Settlement by a misrepresentation, it will be necessary to consider whether cancellation is permitted under s 37(2) of the Contract and Commercial Law Act 2017 (the Act) or whether damages are appropriate under s 35 of the Act. This will require consideration of the following issues: 1 Butt v The Attorney-General sued on beha...

6. Abyaneh v Auckland City Council [pdf, 175 KB]

   ...12 [36] On 1 August 2005 Mr Abyaneh then lodged a claim with the WHRS and inspections of the property was carried out by the assessor Mr Neil Alvey on 27 September 2005 and 20 October 2005. [37] According to Mr Alvey, Mr Abyaneh would not permit any destructive testing to be applied and apparently only after considerable persuasion was Mr Alvey allowed to carry out some moisture testing - although not as much as he wanted to do. [38] It also has to be recorded that when Mr...

7. 2021-04-23 TAs - MOC - submissions 2 [pdf, 323 KB]

   ...the external context of related legislation, regulations, policies and standards. 5. Where the text and purpose do not align and the purpose is clear, any faults in drafting must not be allowed to obstruct that purpose. Some elaboration is permitted to fill gaps provided that it is consistent with the legislative scheme.1 However, where the text is clear it cannot be given a meaning it is incapable of bearing.2 1 Central Plains Water Trust v Ngai Tahu Properties [2008] NZRMA...

8. Proposals-to-Improve-Court-and-System-Performance.pdf [pdf, 1.1 MB]

   ...to it, to ensure that if Cabinet does agree to it, it would be workable for Police and Crown Law. Allowing a longer timeframe for electing a jury trial 27 I also consider there is potential to reduce delays by changing when the defendant is permitted to elect a jury trial (as opposed to proceeding to a judge-alone trial). Currently, if a defendant wishes to elect a jury trial, this must be done when the defendant pleads not guilty, which is usually by the defendant’s second appeara...

9. BORA Insolvency Law Reform Bill [pdf, 382 KB]

   ...allow a purchaser to acquire good title to the debtor's property, and allow the Court to make an order to re-transfer the property of the bankrupt on the cancellation of an irregular transaction. 54. The objective behind these clauses is to permit the transfer of the bankrupt's property to the creditors in order to discharge the debts. The Assignee acts as a neutral intermediary in these situations. Without vesting the property in the Assignee (a fundamental aspect of the insol...

10. [2007] NZEmpC WC 32A/07 Port of Napier Ltd v Maritime Union of NZ Inc [pdf, 76 KB]

    ...will be unlawful and should be nipped even before it is allowed to bud. Although there are risks attaching to any industrial dispute that includes picketing, those must be assessed realistically and balanced against the law’s requirement to permit persons to act lawfully as they have told the Court they intend to. [56] I do not consider that the plaintiff has established an arguable case at this stage that what the defendants might do will be unlawful and should be restrained fro...