Search Results

1. [2019] NZEmpC 139 Zara’s Turkish Ltd v Kocaturk [pdf, 372 KB]

   ...raised by counsel in their submissions. In exercising the discretion in s 221 care would need to be taken to ensure that the application did not have the effect of circumventing the time limits imposed by the Act for raising a personal grievance, filing a statement of problem in the Authority or for challenging a determination. English. It was written on their behalf by a person who translated from Turkish to English, and who wrote a note at the foot of the statement of pr...

2. Shihaku v Mizoguchi [2019] NZIACDT 24 (24 April 2019) [pdf, 169 KB]

   ...limited hearing of the complaint went ahead on 16 December 2016 before the then Tribunal chair (Mr Pearson). It was adjourned part-heard. Directions were given by the Tribunal on 27 January 2017. 4 [20] An amended statement of complaint was filed by the Registrar with the Tribunal on 8 February 2017. Additional grounds of complaint relating to the deed were added. [21] An interlocutory decision was issued by the Tribunal (Mr Pearson) on 19 June 2017.1 It dismissed the a...

3. Ngamotu v Ngamotu - Karatia 3B 2A 2B 2B (2019) 223 Waiariki 44 (223 WAR 44) [pdf, 308 KB]

   ...Rangimarie Ngamotu provides that the whānau house is to be given to the executors for the use and benefit of Rangimarie Ngamotu’s children. Te tono - The application [4] The executors of the estate of Rangimarie Ngamotu, the applicants, have filed pursuant to ss 231 and 238 of Te Ture Whenua Māori Act 1993. They seek a review and enforcement of obligations of the Hape and Rangimarie Ngamotu Whānau Trust. The applicants submit the trustees have not carried out their legal...

4. CNI Iwi Land Management Limited [pdf, 274 KB]

   ...relation to the usual requirements of the RMA as to service of this notice on other persons. Attachments 28. Waivers and directions have been made by the Environment Court in [2020] NZEnvC 063 in relation to the usual requirements of the RMA to file a copy of the appellant’s submissions and/or further submissions on PC1, the Council’s decision, and a list of the names and addresses of each person required to be served with the notice of appeal, and the date of service on ea...

5. NA v OI [2021] NZDT 1313 (24 February 2021) [pdf, 255 KB]

   ...of the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside 20 days if you have been granted an ex...

6. DF Ltd v TS Ltd [2021] NZDT 1315 (21 April 2021) [pdf, 233 KB]

   ...of the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 days if you have been granted an...

7. [2019] NZEmpC 198 Jobbitt v 4 Seasons Indoor Outdoor Living (2014) Ltd [pdf, 379 KB]

   ...requirements of s 67B(1) and (2) of the Act, that it was entitled to rely on the trial period provision in Mr Jobbitt’s employment agreement to preclude him from pursuing a dismissal grievance against it. [17] A statement of defence was not filed by 4 Seasons. Instead, after the time to file one had elapsed, it belatedly applied to strike out the statement of claim. Strike out application [18] The grounds of the application seeking to strike out the proceeding were that it:...

8. [2020] NZEmpC 37 Kang v Lee [pdf, 353 KB]

   ...urgently, without notice, because of a recent turn of events in the Authority, giving rise to concerns about Mr Lee’s intentions. [13] The investigation meeting is scheduled for 6 April 2020. Preparation is well advanced. The parties have filed and served briefs of evidence and, in all respects, matters appear ready for the Authority to consider. Against that background, Mr Lee has belatedly sought an adjournment of the meeting, claiming that he has an urgent need to travel...

9. Port of Tauranga Limited Submissions - 6 December 2017 [pdf, 161 KB]

   ...the way in which the scope of the ASCV was not addressed until this point. 11 At [SO]. 4 10. After commenting earlier that the range of outcomes available is limited to those raised in submissions and narrowed by the terms of the appeals filed, 12 in relation to this relief, the Court specifically found that: [50] ... We agree that, in jurisdictional terms, such an increase in landward extent would not have been reasonably signalled by the nature of the submission originally...

10. T Ltd v CS Ors [2021] NZDT 1552 (10 August 2021) [pdf, 236 KB]

    ...of the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 working days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 20 working days if you have...