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1. [2018] NZEnvC 161 Taueki v Horowhenua District Council [pdf, 275 KB]

   ...matter which I have considered is Ms Taueki's financial situation. I accept the advice given by Ms Thornton, that Ms Taueki does not have the financial resources to meet a costs claim of any substance. She is a beneficiary and payment of the filing fee in these proceedings was waived by the Registrar. As the Court has observed previously, the appropriate time to have regard to those considerations is at the commencement of proceedings, not at their conclusion. That position is...

2. Gower v KPH Construction Ltd [2010] NZWHT Auckland 2 [pdf, 85 KB]

   ...labourer on site when he had worked together with KPH. [10] In 2004-2005 there was a serious leak to the roof during a storm with gale force winds. This resulted in water coming through the ceiling in the lounge. Later in 2005 Mr Gower filed a claim with WHRS. Page | 4 [11] The assessor, Mr Philip Brown, has produced two reports; the first dated 13 October 2005, and an addendum report dated 13 March 2008. The addendum report identified a further leak to the roof...

3. [2016] NZEmpC 131 A Labour Inspector v Taste of Egypt Ltd [pdf, 89 KB]

   ...avoid their responsibilities to the complainants. [12] The Court was not prepared to proceed on the basis of the Labour Inspector’s belief only, so that additional evidence as to the foundation for that belief had to be obtained. Once it was filed, the Court was satisfied to the requisite level of persuasion. [13] Then the Court considered other factors. The following passage illustrates the range of issues which were considered, and which justified the making of the order:...

4. INZ (Greathead) v Ortiz [2019] NZIACDT 69 (7 October 2019) Sanctions [pdf, 107 KB]

   ...hairdresser in a beauty salon owned by Ms Ortiz and her husband. He lived in the salon and worked seven days a week for up to 10 hours daily, without being paid wages, though he was given some food and cash by Mr Ortiz. [7] A work visa application was filed in July 2015 with Immigration New Zealand by Ms Ortiz on behalf of the client. It sought permission for him to work in the salon. Ms Ortiz advised the agency that he was a volunteer working at the salon without compensation....

5. Khan (Appeal) [2019] NZIACDT 43 (24 June 2019) [pdf, 147 KB]

   ...cousin by email a checklist for an entrepreneur work visa. It was copied to Mr Khan. There was no response to this email. [13] Then on 5 October 2017, the adviser sent both Mr Khan and the cousin by email a form to complete. The adviser’s file discloses no response. [14] The signed service agreement and service acknowledgement was also emailed by an employee of the adviser’s company to the cousin on that same day, 5 October 2017. It was copied to Mr Khan. Complaint [...

6. [2020] NZEmpC 147 Carrigan v The Attorney-General [pdf, 167 KB]

   ...another. Conclusion [20] The first plaintiff is struck out as party to these proceedings; the first defendant remains as party. The plaintiffs are required to re-plead aspects of their claim. Directions have been made timetabling the filing and service of an amended statement of claim and statement of defence to that amended statement of claim, together with a statement of issues. The pleadings relating to the NASC assessment will not be struck out. [21] Costs are...

7. [2021] NZEmpC 58 Martin v Solar Bright Ltd (in liq) [pdf, 223 KB]

   ...liq) [2019] NZERA 463 (Member Hickey). 3 At [17]. 4 Martin, above n 1, at [3]. connection relied on to support the application for a stay. He was asked to provide at least the pleadings in the High Court. [9] In response, Mr Martin filed an affidavit but did not supply the pleadings or any further information about the issues to be decided in the High Court. Instead he concentrated on his concerns that errors were made in the September judgment. [10] Ms Taefi, counse...

8. [2019] NZEnvC 139 West Coast Regional Council v Westland District Council [pdf, 8.2 MB]

   ...- dated 14 February 2019" to "Franz Josef Wastewater Treatment Plant - Key Milestones - dated 25 June 2019"; (d) replace Attachment A of the Orders with Exhibit C to the affidavit of Martin James Ross, sworn on 12 August 2019, filed in support of the application. [3] Exhibit C to Mr Ross' affidavit , entitled "Updated Key Milestones" , is attached to this decision and marked "Attachment A". Background [4] On 25 June 2019, the District Coun...

9. [2019] NZEmpC 116 Watts & Hughes Construction Ltd v de Buyzer [pdf, 235 KB]

   ...If either party disagrees with this, and the parties are unable to reach agreement between them, an application for costs may be made to the Court within 20 working days of the date of this judgment. Any response to such an application must be filed and served within 15 working days of service of the application, with any reply then filed and served within a further five working days. J C Holden Judge Judgment signed at 10.30 am on 4 September 2019...

10. [2018] NZSSAA 29 (7 June 2018) [pdf, 136 KB]

    ...19 April 2012 when he turned 65. This decision was upheld by a Benefits Review Committee (BRC). [2] When the appellant first sought a review of this decision it was considered and declined by the Deputy Chief Executive. The appellant then filed a Notice of Appeal (SSA 78/16). However, as recorded in a minute issued on 21 July 2017 by the Chair of the Authority, a decision by the Deputy Chief Executive does not 2 lead to a right of appeal to the Authority unless tha...