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1. Keen v Corrections (Extension of Time) [2023] NZHRRT 17 [pdf, 85 KB]

   ...defendant may only file a statement of reply late if leave has been granted by the Tribunal, as required by regulation 15(3) of the Human Rights Review Tribunal Regulations 2002. [4] The parties have jointly sought an extension to the date for filing the statement of reply to 14 July 2023, being four weeks after the date when an amended statement of claim will be filed. The extension is sought as Mr Keen is now represented by Ms Hill who is in the process of re-drafting the statement...

2. [2012] NZEmpC 120 McLeod v National Hearing Care (NZ) Ltd [pdf, 110 KB]

   ...an application for leave to file a challenge out of time BETWEEN SUSAN MCLEOD Applicant AND NATIONAL HEARING CARE (NZ) LTD Respondent Hearing: (on the papers - affidavits dated 25 January 2012, 18 May 2012 and submissions filed 21, 28 May 2012 and 12 June) Counsel: David McLeod, representative for the applicant Richard Harrison, counsel for the respondent Judgment: 27 July 2012 INTERLOCUTORY JUDGMENT OF JUDGE A D FORD The application [1] The...

3. [2013] NZEmpC 36 Detection Services Ltd v Pickering [pdf, 139 KB]

   ...determination beyond the issues raised by the respondent, and challenging the Authority’s finding of unjustified dismissal. This was consistent with the approach that counsel for the applicant had previously flagged. The application to extend time for filing a challenge followed, and has been staunchly opposed by the respondent. [8] The proposed statement of claim challenges de novo the finding of unjustified dismissal and pleads that the respondent’s contribution should be...

4. Kupa Snr v DJ Whitfield and Sons Ltd – Omahu 4C Section 6 (2015) 45 Takitimu MB 219 (45 TKT 219) [pdf, 439 KB]

   ...proposed new purchasers have written confirmation of finance. Mr Bloor on behalf of Douglas Whitfield opposes the application for rehearing. Issues [3] The principal issues for determination are first, whether the application for rehearing was filed in time and should be granted. Second, whether the order complained of should be annulled or affirmed. Background [4] Omahu 4C Section 6 Block is Māori freehold land comprising 13.772 ha. There are presently four beneficial ow...

5. [2019] NZEmpC 22 Zhang v Telco Asset Management Ltd [pdf, 319 KB]

   ...JUDGMENT OF JUDGE B A CORKILL Introduction [1] This judgment resolves Mr Zhang’s application for leave to extend time for bringing a non-de novo challenge to a determination of the Employment Relations Authority (the Authority).1 It was filed some 23 days after the expiration of the 28-day period allowed for bringing challenges under the Employment Relations Act 2000 (the Act).2 1 Zhang v Telco Asset Management Ltd [2018]...

6. [2013] NZEmpC 177 Kereru Investments Ltd v Meads [pdf, 56 KB]

   ...1 The determination had found that the plaintiff was Ms Meads’ employer and that Ms Meads had been unjustifiably suspended and dismissed. The Authority ordered Kereru Investments Ltd to pay Ms Meads various amounts totalling $9,175 plus filing fees. The statement of claim was filed by Mr Scott Guthrie who the Authority noted was one of two directors of the plaintiff company. The other was Ms Michelle Guthrie. [2] In a minute dated 27 June 2013, Chief Judge Colgan requeste...

7. [2018] NZEmpC 62 Talbot Agriculture Ltd v Wate [pdf, 290 KB]

   ...of this proceeding is set down for 9 and 10 July 2018. [2] On 24 May 2018, the plaintiff sought an adjournment, because of the recent adjustment to the directions timetable granting an application by the defendant to extend the time for him to file evidence. The revised timetable required his evidence to be filed and served no later than 4.00 pm on 29 May 2018. The timetable was also revised to accommodate an opportunity for the plaintiff to file evidence in reply, if it wished...

8. [2022] NZACC 73 – Brown v ACC (3 May 2022) [pdf, 149 KB]

   ...his supraspinatus tear of the right shoulder. [3] On 22 March 2022, Mr Brown lodged an appeal against the Reviewer’s decision of 31 August 2021. Judge Henare issued an Initial Minute which directed that Mr Brown formally apply for leave to file the appeal out of time and set out the reasons why the appeal was filed late. [4] On 28 March 2022, Mr Brown submitted that his appeal was filed late because: the Corporation’s new decision, identical to its previous (quashed) decision...

9. [2023] NZEmpC 40 Straayer v Employment Relations Authority [pdf, 180 KB]

   ...Adriaanus Straayer against his former employer, WorkSafe New Zealand (WorkSafe).1 The proceeding was struck out, with costs reserved. 1 Straayer v Employment Relations Authority [2022] NZEmpC 184. [2] On 7 November 2022, WorkSafe filed an application for costs, which was opposed by a submission from Mr Straayer filed on 28 November 2022. [3] However, prior to that date, on 14 November 2022, Mr Straayer filed an application for stay of proceedings, that is, of the app...

10. Defend a claim

    ...paragraphs. You should respond to every fact/allegation and say whether you accept or reject the allegation made. If you reject an allegation, you should briefly say why and, if appropriate, give your own version of the matter. Your signature and the date you filed the Statement of Reply. You must provide the Tribunal with an original plus three copies of your Statement of Reply. A copy of your Statement of Reply must also be sent to the plaintiff(s). If you don’t defend a Statement of Claim...

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