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1. Re Apostolakis (Rejection of Statement of Claim) [2016] NZHRRT 35 [pdf, 68 KB]

   ...accepted for filing. This is because the rejection or acceptance of an intended statement of claim is a decision summary in nature. Such decision does not affect a defendant’s statutory right under s 115 of the Act to apply to have proceedings, once filed, dismissed on the grounds they are trivial, frivolous, or vexatious or not brought in good faith. Intending plaintiff must use correct form [5] The forms approved by the Tribunal under the Human Rights Review Tribunal Regulations...

2. [2021] NZIACDT 13 - TI v Malcolm (8 June 2021) [pdf, 220 KB]

   ...to the complainant an email from Immigration New Zealand requesting a certified copy of her passport. It referred to an application having been received on 1 October 2020. This was when the complainant learned of when the application had been filed. It was also the last time that Mr Malcolm communicated with her. The complainant immediately sent a copy of her passport to Mr Malcolm and Immigration New Zealand. [16] On 23 October 2020, Immigration New Zealand wrote to the compl...

3. [2011] NZEmpC 86 Wilson v ABC Developmental Learning Centres NZ Ltd [pdf, 71 KB]

   ...Employment Relations Authority AND IN THE MATTER OF an application for costs BETWEEN SUSAN LEE WILSON Plaintiff AND ABC DEVELOPMENTAL LEARNING CENTRES (NZ) LIMITED Defendant Hearing: on the papers - memoranda filed 23 December 2010, 14 January 2011, 1 February 2011 and 18 February 2011 - affidavits received 17 June 2011 Judgment: 13 July 2011 COSTS JUDGMENT OF JUDGE A A COUCH [1] The plaintiff’s original claims against the defendant...

4. [2010] NZEmpC 75 EBIIWU & Anor v Carter Holt Harvey Ltd & Anor [pdf, 25 KB]

   ...INDEPENDENT INDUSTRIAL WORKERS UNION INC First Plaintiff AND JIM MOENGAROA AND OTHERS Second Plaintiffs AND CARTER HOLT HARVEY LIMITED First Defendant AND KEVIN MACKENZIE Second Defendant Hearing: by memoranda of submissions filed on 22 April and 9 June 2010 Judgment: 15 September 2010 COSTS JUDGMENT OF CHIEF JUDGE GL COLGAN [1] The defendants in proceedings for urgent interlocutory relief but withdrawn before hearing, have applied for costs. The pl...

5. Choudhary v Smith [2015] NZIACDT 8 (18 February 2015) [pdf, 86 KB]

   ...responded to the Tribunal with an explanation or justification for any of these matters. [4] The Tribunal has concluded it must uphold the complaint, as the material before it supports the grounds of complaint. The complaint [5] The Registrar filed a statement of complaint, she put forward the following background as the basis for the complaint: [5.1] On 9 November 2012, the complainant received a letter from Immigration New Zealand requesting comment on issues concerning an applic...

6. [2014] NZEmpC 104 Gapuzan v Pratt & Whitney Air NZ Services t/a Christchurch Engine Centre [pdf, 78 KB]

   ...papers by documents dated 5, 8, 12, 14 and 19 June 2014. Appearances: Plaintiff in person A C Shaw, counsel for the defendant Judgment: 20 June 2014 INTERLOCUTORY JUDGMENT OF JUDGE B A CORKILL [1] The defendant has filed an interlocutory application for stay of proceedings pending decision by the Official Assignee, following Mr Gapuzan being adjudicated bankrupt on 30 May 2014. The challenge is set down for hearing on 14-16 July 2014. Any stay will...

7. [2014] NZEmpC 197 Vince Roberts Electrical Ltd v Carroll Anor oral interlocutory [pdf, 63 KB]

   ...comply with the direction upon him to file an amended statement of defence and cross-claim without the documents in question being available. Ms Lewis today has agreed that that is not necessarily now the position and that amended pleadings can be filed on behalf of the first defendant in the present circumstances, accepting for the moment that the documents which have been requested are no longer available. That is not the end of those issues though. When this matter does procee...

8. CD v QXF [2011] NZIACDT 31 (20 September 2011) [pdf, 77 KB]

   ...forfeiture of his licence after he had the opportunity to compose himself. [20] The private investigator prepared a report which was given to the Police. The Police were told in the covering letter: “You will observe that we have prepared this file in a manner with the charge being ‘Theft’.” The “file” had the appearance of a police prosecution file. However, there were very significant differences in terms of the substance when compared with a police prosecution file, which...

9. Hepburn [pdf, 89 KB]

   ...Khandallah. Despite accepting that the house is a leaky home, the chief executive of the Department of Building and Housing has concluded that the claim is not an eligible claim because the house was built more than ten years before the claim was filed. The claimants have applied for reconsideration of the chief executive’s decision under section 49 of the Weathertight Homes Resolution Services Act 2006 (the Act). The Issues [2] The key issues to be determined in this c...

10. [2021] NZEmpC 73 Sfizio Ltd v Freeborn [pdf, 213 KB]

    ...third parties with the name of the plaintiff company. Ms Freeborn succeeded in her claims. [3] On 11 January 2019, Sfizio Ltd (Sfizio) brought a challenge to the Authority’s determination.1 Ms Freeborn, at that stage unrepresented, filed a statement of defence on 15 March 2019. Then, she briefed counsel. [4] On 8 May 2019, I granted leave for the defendant to file an amended statement of defence, and an application to join parties. These documents were filed on 21...