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1. Wellington Standards Committee 2 v Harper [2020] NZLCDT 29 (11 September 2020) [pdf, 193 KB]

   ...undermined by the absence of a suspension order in the penalties to be imposed, because of the considerable number of mitigating features in this case and the challenging times for all New Zealanders during the pandemic which impact on access to many resources including legal services. 18 Costs [61] Having regard to all of the above factors, and the delay in bringing the matter to this point, including the serial nature of the complaint process itself, and that a face t...

2. [2021] NZEmpC 33 Saipe v Bethell [pdf, 238 KB]

   ...[42] This resolves the preliminary issue and means Mr Saipe’s challenge is unsuccessful. However, for completeness I make the following observations. 12 Creedy v Commissioner of Police [2006] ERNZ 517 (EmpC) at [36]. 13 Disabilities Resource Centre Trust v Maxwell [2021] NZEmpC 14 at [18]. 14 Blue Water Hotels Ltd v VBS, above n 2, at [21]. The letter of 26 November was effective when it was delivered [43] If the personal grievance had been submitted through the...

3. Regulatory Impact Statement: Electoral Amendment Bill Advance Voting "Buffer Zones" and Prohibition on False Statements to Influence Voters [pdf, 200 KB]

   ...can expect. The lack of regulation will decreasingly meet voters’ expectations as advance voting increases. 22. The administration of the status quo, where AVP staff continue to seek voluntary compliance around AVPs, still entails some work and resource from the Electoral Commission. The lack of controls and certainty also increases the risk of disruption inside and around AVPs. The voluntary approach was not always successful at the 2014 election. 23. The perception, even if cases...

4. Pio v Accident Compensation Corporation (Leave to appeal to the High Court) [2024] NZACC 010 [pdf, 240 KB]

   ...Judge Carter made an error of law capable of bona fide and serious argument. Even if the qualifying criteria had been made out, this Court would not have exercised its discretion to grant leave, so as to ensure the proper use of scarce judicial resources and the finality of litigation. This Court is not satisfied as to the wider importance of any contended point of law. 16 [77] Costs are reserved. Judge P R Spiller, District Court Judge

5. M Ltd v KC [2023] NZDT 26 (2 February 2023) [pdf, 145 KB]

   ...16. XT of M Ltd says that all auctions are ‘buyer beware’ and the goods are sold ‘as is where is’, so the risk of quality and authenticity is on the purchaser. XT says that auctions must be operated like this as auctioneers do not have the resources or skills to authenticate the items they sell. He says that M Ltd holds regular auctions of goods and it could not possibly check and authenticate every item that it auctions and does not have the knowledge or experience to do so, and i...

6. KV v LA LCRO 44/2015 (13 December 2016) [pdf, 122 KB]

   ...With respect to Mr LA’s fees, the Committee’s decision is confirmed. 10 Service [53] The general thrust of Mr KV’s complaint is that if he had known before he commenced the appeal what he knows now, he would not have committed his resources to a fight he did not win. He criticises Mr LA’s advice as incomplete and self- serving. He alleges Mr LA did not do enough to ensure he understood the implications of his instructions at the start, did not keep him informed as...

7. Inaia Tonu Nei - Hui Maori - English version WORD [docx, 69 KB]

   ...education, to understand the effect they have on the development of tamariki, to ensure they do not enter the justice pipeline. These sectors must work together and partner with Justice to reform the justice system. · Rangatahi courts need to be better resourced and their use expanded throughout Aotearoa. · Oranga Tamariki is continuing to fail Māori. Recognition of this ongoing failure and leadership in this space must be central to any justice system reform. · Oranga Tamariki curren...

8. Watene v Edwards - Mangaroa X (2021) 87 Takitimu MB 190 (87 TKT 190) [pdf, 321 KB]

   ...of a meeting to discuss his use of the land. [17] In addition, Mr Edwards acknowledged that it was appropriate for all the trustees to be removed given what he described as their neglect and, effectively, mismanagement of the trust land and resources. He referred to what was described as the trustees’ failure to renew the lease that had been entered into with his father, James Edwards, and also the alleged inability of those trustees to properly consult and engage with the bene...

9. Henton v CAC302 & Barfoot & Thompson Ltd [2015] NZREADT 70 [pdf, 243 KB]

   ...opening of a hearing about the Court’s time being taken up with an appeal from an interlocutory decision. To the contrary, it is to be expected. 20 However, notwithstanding Justice Cooper’s initial reservations concerning the use of judicial resources, the issue for determination by the Court was one of substantial importance to the industry, and the decision in House v Real Estate Agents Authority [2013] NZAR 1136 has provided useful guidance, as indicated by the fact that it has...

10. [2023] NZEmpC 11 New Zealand Air Line Pilots’ Assoc IUOW Inc v Airways Corp of New Zealand Ltd [pdf, 282 KB]

    ...is interpreted. 11 See New Zealand Air Line Pilots’ Assoc Inc v Air New Zealand Ltd [2017] NZSC 111, [2017] 1 NZLR 948, [2017] ERNZ 428; Firm PI 1 Ltd v Zurich Australian Insurance Ltd [2014] NZSC 147, [2015] 1 NZLR 432; and Bathurst Resources Ltd v L&M Coal Holdings Ltd [2021] NZSC 85, [2021] 1 NZLR 696. [48] Having made that observation, the collective agreement does not prevent other agreements being made between Airways and an individual ATC. There is noth...