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1. Holmes v Ministry of Social Development [2012] NZHRRT 19 [pdf, 144 KB]

   ...within the prescribed statutory time limit and if not, the nature of the remedy to be granted. [2] In the interests of clarity the two requests will be addressed separately. While the proceedings were consolidated, this was only to allow evidence filed in one of the proceedings to be treated as having been filed also in the other. The objective was to 2 achieve a single hearing on a single body of evidence. Each of the proceedings, however, retained their distinct identity. Th...

2. Proactive-release-Better-Outcomes-for-Victims-Work-Programme_FINAL.pdf [pdf, 1.7 MB]

   ...rather than signify a shift in direction. Strengthening the legal framework to recognise and respond to litigation abuse 65 Finally, I seek Cabinet’s agreement to amend legislation to provide the Courts with greater power to restrain a party from filing family-related applications (including interlocutory applications) or responses to applications that are abusive in nature. I N C O N F I D E N C E I N C O N F I D E N C E 12 66 Current legislative settings allow the...

3. [2007] NZEmpC WC 26A/07 Nimon & Sons Ltd v Buckley [pdf, 22 KB]

   ...interest on some of the remedies awarded. [3] Reflecting that result, I expressed the preliminary view that costs should lie where they fall but left it open to either party to seek an award of costs if so minded. Ms Kennedy has now filed a memorandum seeking an award of costs to the defendant. In response, Ms Brown has filed a memorandum submitting that no order for costs should be made. [4] While Ms Kennedy’s submissions are lengthy and detailed, they make no menti...

4. [2007] NZEmpC AC 35/07 Raymond v Designlink Ltd t/a Rodney Wayne Hairdressing Whangaparaoa & Pipes [pdf, 19 KB]

   ...file and serve, no later than 14 days before today’s hearing, affidavit evidence of their financial and other relevant circumstances and I allowed Ms Raymond a period of seven days before today to do likewise. No affidavits have been filed by Mr and Mrs Pipes and therefore, not surprisingly, Ms Raymond has not been obliged to respond. [3] Mr Harrison, appearing for Mr and Mrs Pipes, has indicated that he was very hopeful that today’s hearing might be obviated by an ag...

5. [2011] NZEmpC 173 NZ Fire Service Commission v NZ Professional Firefighters Union [pdf, 59 KB]

   ...plaintiffs who would then simply discontinue after a long delay should bear at least some additional costs 8 At [29]. consequences. He therefore submitted that costs should be moderate and the filing fee should not be awarded. [12] Whilst I accept the force of Mr Davenport‟s submissions based on the AC Nielsen case, the delays in the eventual discontinuance have no doubt caused the defendants to incur costs which otherwise wo...

6. [2010] NZEmpC 157 Ingham (Labour Inspector) v August Models & Talent Ltd [pdf, 18 KB]

   ...calculated at the rate of 4.8 per cent per annum from 10 December 2009 to the date of payment; • to pay penalties totalling $2,250 for failure to pay minimum wages and for failure to produce time and wage records; and • to pay $140 for Authority filing fees. [6] The Authority’s determination, which I am satisfied was served on the defendant, set out the consequences to it of breach of the Authority’s compliance order. [7] The maximum fine for breach of a s 137 compliance...

7. CJARS - claim form [pdf, 322 KB]

   ...Tribunals Unit at the address at the bottom of this form. 3. If you need more space to answer a question, write “see attached” and you may write your answer on a separate sheet of paper. 4. Make sure you attach all the supporting documents. 5. Please refer to ‘A Guide to Filing a Claim’ to help you with this application. The guide is available at www.justice.govt.nz/tribunals Please fill in all sections below: Part 1: Claimant What is your name? Surn...

8. Hutchison - Torere 64 Incorporation (2014) 109 Waiariki MB 260 (109 WAR 260) [pdf, 142 KB]

   ...committee of management …” 109 Waiariki MB 262 [8] I am going to declare that I am going to investigate the conduct of the election. In undertaking the investigation, I rely on the evidence that was tendered today that was used to justify filing the application. [9] That evidence clearly demonstrates that there were anomalies in the conduct of the election. Therefore, I confirm that the conduct of the election was invalidly undertaken. As a result, the declaration that...

9. [2013] NZEmpC 167 Lewis v JPMorgan Chase Bank N.A. [pdf, 56 KB]

   ...Employment Relations Authority AND IN THE MATTER of an application to recall and reissue a judgment BETWEEN ROBERT LEWIS Plaintiff AND JPMORGAN CHASE BANK N.A. Defendant Hearing: By written submissions filed on 14 and 21 August and 2 and 4 September 2013 Appearances: Michael O'Brien, counsel for plaintiff Rob Towner, counsel for defendant Judgment: 5 September 2013 INTERLOCUTORY JUDGMENT NO 2 OF CHIEF JUDGE G L...

10. Mihaka v Housing New Zealand Corporation (Referral back to Human Rights Commission) [2016] NZHRRT 8 [pdf, 41 KB]

    ...Ms S Shaw for defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 4 March 2016 DECISION OF TRIBUNAL REFERRING COMPLAINT BACK TO HUMAN RIGHTS COMMISSION AND RELATED ORDERS1 Introduction [1] By statement of claim filed on 30 November 2015 Mr Mihaka complains of the decision by Housing New Zealand Corporation (HNZC) to terminate his tenancy. The 90-day notice issued by HNZC was followed by the grant on 24 April 2015 by the Tenancy Tribunal of a possession...