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...the appellant is presently impracticable; and (b) certify that the notice has been read by or to, and approved by, the appellant. (c) undertake that an original notice signed by the appellant will be filed as soon as practicable and prior to any fixture being allocated.
...Personnel and Private Investigators Act 2010 against ETUATE TUANAKI HEARD by way of a virtual haring on 8 September 2022 APPEARANCES Snr Constable A Tangney for NZ Police E Tuanaki – no appearance DECISION [1] The Police have filed a complaint against Etuate Tuanaki on the grounds that he is no longer suitable to be a security worker because of his character, circumstances or background. Mr Tuanaki wrongly gave his security badge to a third party to enable tha...
...appearance for third defendant Judgment: 16 February 2024 CONSENT JUDGMENT OF JUDGE KATHRYN BECK [1] In a determination dated 25 February 2019, the Employment Relations Authority removed to the Court an application which had been filed by the plaintiff.1 1 Bay of Plenty District Health Board v CultureSafe New Zealand Ltd [2019] NZERA 101. [2] The plaintiff and second defendant have reached a full and final settlement of all matters between them in rela...
...CONSENT JUDGMENT OF JUDGE J C HOLDEN [1] The parties have advised that, following a private mediation on 5 May 2023, they have reached a settlement of all parties’ claims, in both EMPC 334/2020 and EMPC 5/2022. They have filed a joint memorandum with this Court seeking orders by consent. [2] Accordingly, the following orders are now made: (a) The “yield” seized and cloned pursuant to the search order obtained in the matter EMPC 334/2020 and held by t...
[2024] NZPSPLA 027 IN THE MATTER OF Complaint by The Police under s 74 of the Private Security Personnel and Private Investigators Act 2010 (the Act) against CARMAN GRAY HEARD remotely on 8 April 2024 APPEARANCES Snr Constable S Su for NZ Police C Gray – no appearance DECISION [1] Police are asking for Carmen Gray’s certificate of approval (COA) to be cancelled as she has recently been convicted on two charges of wilful damage and one charge of trespass.
...Defendant Hearing: On the papers Appearances: No appearance for the plaintiff S Greening and K Hudson, counsel for defendant Judgment: 6 March 2024 COSTS JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS [1] The plaintiff has filed a notice of discontinuance. As is well-established, a plaintiff may discontinue their proceedings at any stage before judgment is given but is, absent agreement, liable to costs on the discontinuance.1 There has been no agreement...
...her to have an individual licence rather than a certificate of approval. [4] I accept Ms Eade’s failure to obtain a licence until now largely arose from a misunderstanding as to the nature of her engagement. Ms Eade advises she is ready to file the required application for a licence as soon as she receives a decision on the complaint made against her. [5] I therefore accept CIPU’s recommendation that a warning only is a sufficient outcome for Ms Eade’s breach of s 23 o...
...slip rule described in r 11.10 of the High Court 1 E Tū Inc v Singh [2023] NZEmpC 155. 2 The correct sum is $32,270.56 not $20,000 lost wages and $5,000 not $3,000 costs. 3 The correct sum is $44,827.54, per counsels’ consent memorandum filed on 29 September 2023, at [5]. Rules 2016, via reg 6 of the Employment Court Regulations.4 The nature of the slips in this case and the reasons underlying them, are set out in a joint memorandum of counsel and supporting aff...
...second respondents.1 The orders were subsequently extended, by consent (until 17 April 2025), the parties were directed to attend urgent mediation, and the matter was set down for a review hearing on 16 April 2025. [2] The parties have now filed a joint memorandum advising that, following their attendance at mediation on 14 April 2025, they have agreed a full and final settlement of all matters arising out of their employment relationship. 1 FAJ v GEK [2025] NZEmpC 45....
...[2] Mr Trow has recently been convicted of theft and shoplifting. These convictions disqualify Mr Trow from holding a certificate of approval (COA). He is also facing two further charges of assaulting police. At the time the police complaint was filed Mr Trow had breached his bail conditions on four occasions. [3] In 2005 and again in September 2021 Mr Trow was deemed unfit to stand trial for several different offences including wounding with intent to cause grievous bodily harm, agg...