Search Results

1. [2019] NZEmpC 56 Boyd v Blanchard [pdf, 200 KB]

   ...Appearances: M Hardy-Jones, counsel for plaintiff D Beck, counsel for defendant Judgment: 13 May 2019 INTERLOCUTORY JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS (Application for stay of proceedings) [1] The plaintiff has filed a challenge to a determination of the Employment Relations Authority, together with an application for a stay of execution of the orders the Authority made against him.1 The defendant has filed a notice of opposition but advises that sh...

2. EX v UC [2017] NZDT 1011 (24 May 2017) [pdf, 20 KB]

   ...is not durable because of the number of repairs it has undergone since purchase and they wish to reject the dryer and be refunded the purchase price of $499.00, claiming also the cost of the extended warranty of $61.00 and the Disputes Tribunal filing fee of $45.00. Issues Is the EX dryer of acceptable quality as per the Consumer Guarantees Act 1993, specifically is it durable and fit for purpose given the number of repairs carried out between 2013 and 2017? [4] I find...

3. [2018] NZEnvC 224 van der Wilt v Selwyn District Council [pdf, 721 KB]

   ...by the affidavit of India Jane van der Wilt. Section 116 application [3] The s 116 application is made on the following grounds:' (a) the appeal is in relation to three conditions: 2(ii) , 2(iv) and 4(b); (b) no other appeals have been filed in respect of this consent; (c) to allow the consent to commence with the appealed conditions adhered to will not prejudice any party; (d) to allow the consent to commence with the appealed conditions adhered to would not be contrary...

4. Chen v Christchurch City Council [pdf, 19 KB]

   SUMMARY Case: Chen & Ors v Christchurch City Council & Ors File No: TRI 2008-101-000074, 103-105, 112 & 113/ DBH 04221, 04288, 04289, 4290, 04543, 04801 Court: WHT Adjudicator: C Ruthe Date of Decision: 8 May 2009 Background Before the hearing took place for these six claims, all the claimants entered into a settlement arrangement with the first respondent (Christchurch City Council) which resulted in the discontinuance of the claims against it. This determin...

5. [2019] NZEnvC 069 Jacks Point Residential No.2 Limited v Queenstown Lakes District Council [pdf, 701 KB]

   ...no prejudice to any party in this inconsistency being raised at this point, as the other parties could respond to the inconsistency if they have a different interpretation of how the decision reads. [8] No party has raised an issue with the late filing of JPG's memorandum. Nor was any sought that the court should consider a different interpretation . I consider no party will be prejudiced by the court considering JPG's noted inconsistency. It should be clarified now to ens...

6. 2020-12-14 Tom de Pelsemaeker - recommended decisions on submissions [pdf, 106 KB]

   ...another person, my evidence is within my area of expertise. I have not omitted to consider material facts known to me that might alter or detract from the opinions that I express. Recommended decisions on submissions 7 My Evidence in Chief was filed with the Environment Court on 7 December 2020 which included a tracked change version of the plan as Appendix 2 incorporating my recommendations on submissions. 8 In its Minute dated 20 November 2020, the Environment Court advised...

7. ARLA Notice of appeal PLAP [pdf, 261 KB]

   ...send a copy of the notice of appeal to the territorial authority(ies) at the same time as you lodge this appeal. More information about the Authority or their decisions can be found at justice.govt.nz/arla Payment information The fee for filing an appeal is $517.50 (GST included). To confirm how you pay the application fee, please visit the Ministry of Justice website: www.justice.govt.nz/tribunals/arla/forms- and-costs If you need further assistance, then please contact the...

8. Form 11 Application for Reconsideration 15042020 [pdf, 496 KB]

   Templates V10 – November 2016 page 1 11/16 form 11 Application for Reconsideration Legal aid file No. (under section 51 of the Legal Services Act 2011) Applicant details 1. Name of aided person/applicant for legal aid Please PRINT clearly This application is made by the aided person or legal aid applicant. The legal aid provider may however sign on behalf of the applicant provided they have received instructi...

9. ND v FD [2015] NZDT 1479 (19 March 2015) [pdf, 173 KB]

   ...Notice of Appeal may be obtained from the Disputes Tribunal website or from any Tribunal office. The Notice must be filed at the office of which the Tribunal that made the decision, within 28 days of the decision having been made. There is a $200 filing fee for an appeal. If you are outside of time, you must also complete an Application for Leave to Appeal Out of Time. The District Court may, on determination of the appeal, award such costs to either party as it sees fit. Enforcement...

10. [2022] NZEmpC 79 Ngawaka v Global Security Solutions Ltd [pdf, 163 KB]

    ...consistent. The scale does not, however, replace the Court’s discretion. [6] In this case both parties represented themselves at the hearing. Initially, however, Global Security was represented by counsel. The company’s counsel prepared and filed a statement of defence and appeared at two telephone directions conferences in anticipation of which a memorandum was prepared and filed. [7] As a consequence of one of those directions conferences, the proceeding was provision...