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1. Maruera v Te Runanga o Ngati Maru Taranaki Trust [2020] Chief Judge's MB 965 (2020 CJ 965) [pdf, 500 KB]

   ...breaching their respective constitutional documents and governing legislation, combine administrative operations, including electoral and meeting procedures, to avoid unnecessary duplication of procedures and to promote efficient use of the iwi’s resources F. By way of a postal vote and hui-a-iwi, the members of Ngati Maru (Taranaki) have expressed their support for the establishment of a whenua topu trust for Ngati Maru (Taranaki) and a private trust for Maori Fisheries Act 2004...

2. [2017] NZEmpC 87 Below v The Salvation Army New Zealand Trust [pdf, 259 KB]

   KAREN BELOW v THE SALVATION ARMY NEW ZEALAND TRUST NZEmpC WELLINGTON [2017] NZEmpC 87 [10 July 2017] IN THE EMPLOYMENT COURT WELLINGTON [2017] NZEmpC 87 EMPC 220/2016 IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN KAREN BELOW First Plaintiff AND DAVID BELOW Second Plaintiff AND THE SALVATION ARMY NEW ZEALAND TRUST Defendant Hearing: 22 and 23 May 2017 (heard at Wellington)

3. Johnson v Canterbury/Westland Standards Committee 3 - Outcome of appeal of decisions [2018] NZLCDT 5 and [2018] NZLCDT 21 [pdf, 439 KB]

   ...[147]. owed a duty to warn the Bartles of the risks they faced because of the structure of the proposed transaction and because of the circumstances of the Bartles. Randerson J stated: [149] Since [the solicitor] knew the Bartles had few resources other than their home and were pensioners, it would have been obvious to [the solicitor] that they could not possibly meet their obligations in the event of Blue Chip’s collapse. These matters clearly raised serious issues abo...

4. Privacy Bill - Regulatory Impact Statement - additional policy decisions [pdf, 502 KB]

   ...notification can cause anxiety and distress. This is particularly so if the affected individual is unable to do anything to address the breach, or assess the likelihood of harm (as they may not be told to whom their information has been disclosed). The resource implications of over-notification for the Commissioner and agencies was also raised. Business submitters noted that the threshold in the Bill is out of step with comparable jurisdictions, particularly the EU and Australia. T...

5. [2019] NZEmpC 144 CBA v ONM [pdf, 577 KB]

   ...understand how it could meet its obligations to both her and ONM. [45] Also, on 2 May 2019, evidence for the intended hearing on 7 May 2019 was filed by ONM, being an affidavit from Ms C, and a brief of evidence from Ms D, a member of its Human Resources team. These witnesses provided detailed information as to the steps taken by ONM since the date of settlement, including those summarised above. Ms C acknowledged ONM was adopting a very cautious approach to the RTW issues, and...

6. LCRO 194/2017 MA v NB, OC and PD (20 September 2019) [pdf, 344 KB]

   ...determinations by a Standards Committee (and this Office) where allegations and submissions by (in particular) complainants, are often made in a ‘scatter-gun’ manner and often without merit or substance. It would be an appalling misuse of the resources of Standards Committees and this Office, if the requirement is to specifically address every allegation and submission. [31] I agree with those observations. Obviously enough, what Diplock LJ said about matters of law applies simil...

7. [2019] NZEmpC 187 Byrne v The New Zealand Transport Agency [pdf, 411 KB]

   ...Mr B considered that Mr Byrne became abusive and hung up. [13] It was at that point that Mrs Byrne told Mr A she intended to make a complaint that she was being bullied. Advice was then sought from and given by Mervyn Johnston, Lead Human Resources (HR) Advisor. [14] This led to Mr Johnston asking Mrs Byrne to provide details of the behaviour which had caused her to become concerned or distressed. She provided a detailed complaint on 1 September 2015, which raised concerns abo...

8. LCRO 42/2021 JKL Limited v HC and GD (30 August 2021) [pdf, 277 KB]

   ...and rates. The Committee said that it was satisfied that “there was no basis for complaining about duplication of effort by [Law Firm A]” and that Mr HC’s time had been written off. (g) The matter was of importance to JKL and significant resources were applied to it by the lawyers. [50] For those reasons, including Mr FB’s “stated acceptance … of the outstanding invoices”, the Committee was satisfied that the fees were fair and reasonable and that “[Law Firm A]...

9. 2022-12-07-Decision-on-Application-to-Remove-Counsel-Assisting.pdf [pdf, 390 KB]

   ...Government agencies, albeit both were decided under the former 1994 Regulations. [59] In Greymouth Petroleum v Solicitor-General25 the then-Crown Solicitor for New Plymouth sought dispensation, under Reg 8, to act for a longstanding client in a Resource Management Act prosecution. Greymouth Petroleum had elected trial by jury and sought to engage the Crown Solicitor to act on its’ behalf. The Deputy Solicitor-General (on behalf of the Solicitor-General) declined a dispensation...

10. JC Panel Decision Jurisdiction Redacted [pdf, 436 KB]

    ...stated that the measures introduced by the Bill were: … aimed at maintaining and enhancing public confidence in the judiciary and recognising the fundamental importance in a democracy of ensuring an independent judiciary and addressing judicial resources. [19] The long and often fraught history of the judiciary demonstrates that the removal of a judge and the process undertaken to do so is no small matter. As the Full Court of the High Court in Wilson v Attorney-General observe...