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1. Regulatory Impact Statement Judicature Modernisation Bill Review of the Judicature Act 1908 Second Paper [pdf, 166 KB]

   ...133, in which four of the five Judges held that s 66 provided a right of appeal in respect of all  decisions  of  the  High  Court,  including  decisions  related  solely  to  the management  of  a  proceeding.    4  15. In 2012, 244 notices of appeal  in civil matters were  filed  in  the Court of Appeal.    It  is not  possible from the data available to identify what these appeals relate to – ie, whether they  a...

2. [2007] NZEmpC CC 24A/07 Service and Food Workers Union v Alsco NZ [pdf, 69 KB]

   ...concessions of inaccuracy made by the defendant, service of the lockout notice or notices was at least careless and the initial inaccuracies were compounded by subsequent erroneous advice to the union by the company’s solicitors. [14] The union filed this proceeding on the early afternoon of 14 November 2007. A telephone conference call with counsel took place on Thursday 15 November at midday and timetabling directions were given to today’s hearing. [15] Also on 15 November...

3. [2011] NZEmpC 55 Cerebos Greggs Ltd v Service & Food Workers’ Union Nga Ringa Tota [pdf, 112 KB]

   ...interpretation of a collective agreement in which both parties have an ongoing interest, however, it may be that costs are not sought. That will be a matter for the plaintiff. Costs are reserved. If an order is to be sought, Ms Latimer should file and serve a memorandum within 20 working days after the date of this judgment. Mr Cranney is then to have a further 15 working days in which to respond. A A Couch Judge Signed at 2.30pm on 27 May 2011...

4. [2010] NZEmpC 146 Robertson v Envirowaste Services Ltd [pdf, 44 KB]

   ...lost remuneration after deducting 50 percent; b) $4,000 for distress, humiliation and injury to feelings after the deduction of 50 percent. Costs [41] Costs are reserved. If the parties cannot agree then a memorandum as to costs should be filed and served within 30 days from the date of this judgment, with a further 30 days to respond. B S Travis Judge Judgment signed at 3.45pm on 2 November 2010

5. [2011] NZEmpC 6 Green v Transpacific Industries Group NZ Ltd [pdf, 107 KB]

   ...March 2011. So reality dictates that this is likely to be the de facto substantive decision about the rights of the parties. [3] In these circumstances, the Court granted an urgent hearing of the challenge on the affidavit evidence which had been filed in the Authority together with some further affidavit evidence of relevant events that had occurred since 22 December 2010. [4] The need for a decision of this challenge is as urgent as was the need for its hearing. I therefore in...

6. [2012] NZEmpC 146 Duffy v Ngatahi horticultural P/Ship [pdf, 101 KB]

   ...may be made against a legally aided person except in exceptional circumstances. If Ngatahi wishes to argue that there are exceptional circumstances in this case which warrant an award of costs, a memorandum and any relevant evidence should be filed and served within 20 days after the date of this judgment. Otherwise there will be no order for costs. A A Couch Judge Signed at 3.00 pm on 30 August 2012

7. [2008] NZEmpC AC 4/08 NZ Airline Pilots Association Inc v Air New Zealand Ltd [pdf, 54 KB]

   ...local New Zealand time) does not attract an obligation to pay the pilot time and a half in terms of s50(1) of the Holidays Act unless the pilot performs allocated or rostered duties on that day. Consequent orders [42] Counsel have subsequently filed a joint memorandum seeking orders by consent. Those orders are made on the basis of the agreement of the parties and were not the subject of submissions. They are to be taken to relate only to the collective arrangements of these p...

8. [2008] NZEmpC AC 11/08 Shakes & Anor v Norske Skog Tasman Ltd [pdf, 54 KB]

   ...of costs on this challenge, not least because Mr Yukich told me that he works for the union, of which the plaintiffs are members, in a voluntary capacity. The plaintiffs are, however, entitled to disbursements from the defendant including the filing fee and reasonable travel and accommodation expenses for Mr Yukich, to be set by the Registrar if the parties cannot agree on these. GL Colgan Chief Judge Judgment signed at 2 pm on Thursday 1 May 2008...

9. [2008] NZEmpC WC 12A/08 Orakei Group (2007) Ltd formerly PRP Auckland Ltd v Doherty [pdf, 52 KB]

   ...Doherty’s employment. The plaintiff is therefore liable for the payment of the amounts owed to Mr Doherty by 54 Cuba Street (2007) Limited as identified by the Authority. Costs [60] These are reserved for submissions. The defendant is to file a memorandum within 28 days of this judgment. The plaintiff has 14 days to reply after that. [61] The Court is holding $6,000 as the plaintiff’s security for costs. $2,000 of this is on account of costs awarded by the Employment Rela...

10. [2006] NZEmpC WC 27/06 ANZ National Bank v Cortright [pdf, 67 KB]

    ...staff in a schedule. It expressly excluded: … Managers, employees of equivalent status and printers, binders, storepersons, custodians, cafeteria and other similar staff who have Individual Employment Contracts) who are listed in the schedule filed as part of this contract at The Bank’s Corporate Headquarters, Featherston Street, Wellington. [22] A group of employees who had what were termed specialist roles had their pay framework annexed to the collective employment agreement....