Search Results

1. [2023] NZEmpC 75 Te Whatu Ora Health New Zealand v New Zealand Nurses Organisation Inc [pdf, 266 KB]

   ...occur tomorrow, 24 May 2023, between 1.30 pm and 2.30 pm. [2] The application for urgency was granted and the Court heard argument yesterday. Preliminary issues [3] There were two preliminary issues. The first was that the plaintiff filed two further affidavits purportedly in reply to evidence from the defendant and an issue arose about whether they were to be read. In the end potential difficulties over them and their ambit were resolved by Mx Hornsby-Geluk acceptin...

2. [2024] NZREADT 38 – TX v REAA (22 October 2024) [pdf, 161 KB]

   ...(Member) Representation: The applicant: Self-represented The respondent: F Nizam, M Morrison, counsel SUBJECT TO NON-PUBLICATION ORDER DECISION Dated 22 October 2024 2 INTRODUCTION [1] TX has filed an application for review under s 112 of the Real Estate Agents Act 2008 (the Act) against the determination of the Registrar of the Real Estate Agents Authority (the Registrar) on 5 March 2024 not to pursue a complaint TX made to the Real...

3. [2010] NZEMPC 136 Postal Workers Union v NZ Post Ltd [pdf, 50 KB]

   ...Judge Travis directed the parties to consider whether the matter could proceed by way of an agreed statement of facts without the need for oral evidence. The parties duly agreed to that proposal and an agreed statement of facts was subsequently filed on 7 July 2010. [4] The dispute before the Employment Relations Authority (ERA) in both cases related to whether overtime worked on occasions by postal delivery employees (posties) should be regarded as a component in the calculation o...

4. [2009] NZEmpC CC 19/09 T L Harvey Ltd V Duncan [pdf, 43 KB]

   ...contribution to the costs she has incurred in very largely resisting the plaintiff’s challenge. [46] I invite Ms Ironside and Mr Norris to confer about the quantum of costs with a view to agreement. If they are unable to agree, Mr Norris should file and serve a memorandum within 28 days after today. Ms Ironside will then have a further 14 days in which to file and serve a memorandum in response. A A Couch Judge Oral judgment delivered at 3.30 pm on 20 Nov...

5. [2008] NZEmpC AC 47/08 Allright v Canon NZ Ltd [pdf, 48 KB]

   ...Relations Authority a “preliminary injunction” upholding the restraint of trade (AA 386/08). The plaintiff challenges that determination and the matter proceeded before me today by way of a hearing de novo. [3] The parties have each filed affidavits. Mr Allright and Mr Forbes have done so for the plaintiff. On behalf of the defendant, Mr Manson has sworn an affidavit. In addition, the parties have provided me with an agreed statement of facts. [4] Mr Allright was...

6. [2008] NZEmpC Maritime Union of NZ Inc and ors v TLNZ Ltd and anor [pdf, 46 KB]

   ...ZEALAND INC First Plaintiff AND HENRY NEE NEE AND HENRY TOLEAFOA Second Plaintiffs AND TONY SMART Third Plaintiff AND TLNZ LTD First Defendant AND TLNZ (AUCKLAND) LIMITED Second Defendant Hearing: By memoranda of submissions filed on 19 February and 31 March 2008 (Heard at Auckland) Judgment: 10 April 2008 SUPPLEMENTARY COSTS JUDGMENT OF CHIEF JUDGE GL COLGAN [1] In the substantive judgment given on 21 December 2007 dismissing the union’s and...

7. [2013] NZEmpC 33 Mayne v Polychem Marketing Limited [pdf, 166 KB]

   ...and Miss Kerr, and requested that their cover be reinstated. A meeting was subsequently held between Mr Hirst (of Nuplex) and Mr Mayne. A meeting between Mr Mayne and Mr Tommas followed. No resolution was reached and a claim was subsequently filed in the Authority on 23 March 2010. An employee of PML? [22] On the plaintiff’s analysis he was employed by two employers – PNZ and PML. 8 The defendant submits that while it is conceptually possible to have two employers, Mr...

8. [2015] NZEmpC 188 Randwick Meat Co Ltd v Burns [pdf, 94 KB]

   ...EMPLOYMENT COURT WELLINGTON [2015] NZEmpC 188 EMPC 174/2015 IN THE MATTER OF an application for orders BETWEEN RANDWICK MEAT CO LIMITED Plaintiff AND DALE BURNS Defendant Hearing: (on the papers by submissions filed on 4 August, 4 and 18 September 2015) Counsel: S Waring, counsel for the plaintiff B Buckett, counsel for the defendant Judgment: 21 October 2015 INTERLOCUTORY JUDGMENT OF JUDGE A D FORD Introdu...

9. ENVC paper Wuhan University China study tour 2015 [pdf, 587 KB]

   ...leave being granted. All of this comprises a significant number of layers of appeal, albeit limited in substance and subject to leave above the High Court. The place of the Environment Court in the Resource Management system [3] Most cases filed in the Environment Court are appeals against decisions of councils. In limited numbers of cases there are requests for interpretation of the 2 RMA or national, regional or local plans. The Court has wide powers in all these r...

10. CAC20002 v Brar [2015] NZREADT 59 [pdf, 490 KB]

    ...After hearing Mr Brar's evidence, counsel for the prosecution sought an adjournment to take instructions on amending the charges against Mr Brar in light of his evidence before us. Accordingly, on 18 September 2014, counsel for the prosecution filed a memorandum seeking leave to file an additional charge reflecting Mr Brar's evidence of 3 September 2014. That is a charge of misconduct pursuant to s.73(a) of the Act, particularised as follows: "Signed a document, namely a l...