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1. LCRO 160/2024 XT v YQ (27 June 2025) [pdf, 219 KB]

   ...A Review Officer will not normally accept additional evidence on review unless it is genuinely fresh evidence that could not have been put to the Committee. I see no reason to do so in this instance. I have nevertheless decided to be flexible in addressing the various additional particulars of the applicant’s existing complaint that he advanced on review. [53] Having carefully read the complaint, the response to the complaint, the Committee’s decision and the submissions filed in s...

2. [2011] NZEmpC 63 Hally Labels Ltd v Powell [pdf, 232 KB]

   HALLY LABELS LIMITED V KEVIN POWELL NZEmpC AK [2011] NZEmpC 63 [13 June 2011] IN THE EMPLOYMENT COURT AUCKLAND [2011] NZEmpC 63 ARC 35/11 IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN HALLY LABELS LIMITED Plaintiff AND KEVIN POWELL Defendant Hearing: 7, 8 and 10 June 2011 (Heard at Auckland) Appearances: Chris Patterson and Shelley Kopu, counsel for plaintiff Andrew Gallie, counsel for defendant Judgment:

3. [2022] NZEnvC 232 Taranaki Energy Watch Incorporated v Taranaki Regional Council [pdf, 547 KB]

   ...(b) Rule 28; and (c) Rule 30. Section 32AA analysis [7] Section 32AA of the Act requires a further evaluation for any changes to a proposal since the initial s 32 evaluation report. The parties prepared a s 32AA report that evaluates and addresses the key changes proposed to Rules 26, 28 and 30 of the Plan. [8] Rules 26, 28 and 30 govern the drilling of exploration or appraisal wells in the Open Coast Port, Outstanding Value, Estuaries Unmodified and Estuaries Modified Are...

4. Witana v Tau - Omapere Taraire E (2019) 191 Taitokerau MB 1 (191 TTK 1) [pdf, 535 KB]

   ...the strong leadership from its trustees. Sadly, that leadership has fractured. The resulting two factions now say the other should be removed from office. [3] This judgment determines whether any of the trustees should be removed. It also addresses ancillary issues seeking reimbursement from the trust fund, and assistance from the Court to facilitate an annual general meeting. What is this case about? [4] This trust administers six blocks located in the Te Taitokerau district,...

5. [2021] NZEnvC 190 Wolf 2008 Limited v Whangarei District Council [pdf, 347 KB]

   ...grant an extension. It is common ground that the Council has refused to process the application for lapse date extension since the lapse date was reached. The background to this case Wolf was granted a consent on 4 August 2011 to operate a new highway service centre known as Port Marsden Service Centre at 63 Port Marsden Highway, Ruakaka. Whangarei District Council is the relevant consent authority for the purposes of considering an application for extension of the lapse perio...

6. [2013] NZEmpC 1 Gini v Literacy Training Ltd [pdf, 152 KB]

   ...compensation under s 123 of the Act are now well established. They were conveniently summed up by the Court of Appeal in Sam’s Fukuyama Food Services Ltd v Zhang 3 in these terms: [24] We now deal briefly with the applicable principles. In Telecom New Zealand Ltd v Nutter, this Court approved the principle that compensation for lost remuneration is discretionary and that there is no automatic entitlement to an award reflecting the balance of the expected working career of an...

7. Oliver v Accident Compensation Corporation (Personal Injury) [2023] NZACC 208 [pdf, 288 KB]

   ...and any other relevant records. [26] On 10 November 2022, Mr Oliver provided responses to questions put to him by the Corporation, as follows: • Does Mr Oliver have a home in New Zealand which Mr Oliver normally lives in. Yes my permanent address in New Zealand during 2016 was 45 Grand Valley Rise, Glenfield, Auckland. All my personal items such as tools, vehicles and home contents were in this house throughout my travel overseas. I am able to provide an affidavit from my flatm...

8. Nedelcu v Accident Compensation Corporation (Suspension of Entitlements) [2023] NZACC 191 [pdf, 339 KB]

   ...an increased level of support greater than the grant of 30 hours of home and community support from 12 May to 15 June 2021; (c) continuation of Mr Nedelcu’s entitlements which should not have been suspended. [9] Both parties’ submissions addressed the cover/causation and suspension of entitlement issues. [10] Neither party specifically addressed the home help/support issue. But it is plainly a live issue on the face of Mr Nedelcu’s Notice of Appeal and I have determined it...

9. Holden v Hanns [pdf, 48 KB]

   ...application is refused. Hannah Papadopolous 56. The application to join Mrs Papadopolous was deferred as the applicant had not served the application. Consequences of joinder 57. An amended schedule for both cases showing the names and addresses of the parties and their counsel or representatives is attached. 58. Each newly joined party is to be served with this procedural order together with other relevant documents including the WHRS Assessor’s report forthwith....

10. [2020] NZREADT 03 - AJS Rental Realty Ltd (14 February 2020) [pdf, 164 KB]

    ...of the Committee, Ms Woolley did not submit that the Agency’s failure to comply with the audit regulations was “wilful” (that is, a deliberate contravention of the regulations), but submitted that it was “reckless”, in that the Agency knew that it was required to provide the monthly reconciliations to its auditor by the 20th of the following month, and would possibly be in breach of the regulations if it did not do so, but it did not provide the reconciliations to its audito...