Search Results

1. [2008] NZEmpC CC 7/08 Ka'ai & Ors v Vice-Chancellor of the University of Otago [pdf, 19 KB]

   ...SMITH Plaintiffs AND THE VICE-CHANCELLOR OF THE UNIVERSITY OF OTAGO Defendant Hearing: By submissions received on 24 April, 9 and 13 May 2008 Judgment: 23 May 2008 COSTS JUDGMENT OF JUDGE B S TRAVIS [1] The plaintiffs had filed claims in the Employment Relations Authority in late 2007. A preliminary matter was determined by the Authority on 19 December 2007 (CA 157/07), which restricted its investigation into events up to the time of one of the plain...

2. [2015] NZEmpC 125 Shanmuganathan v PowerNet Ltd [pdf, 78 KB]

   ...so that arrangements for mediation can be made as soon as possible. Counsel are to advise the Court of the date of mediation as soon as it is fixed. b) Submissions as to appropriate conditions for Mr Shanmuganathan’s reinstatement are to be filed jointly by 31 July 2015; if that does not prove possible, they are to be filed individually on the basis that PowerNet should file and serve its submissions and evidence by affidavit, if any, by 31 July 2015; and Mr Shanmuganathan sh...

3. Hu v The Registrar of the Real Estate Agents Authority [2019] NZREADT 005 [pdf, 160 KB]

   ...application was made out of time, and should therefore be dismissed. In a memorandum dated 19 December 2018, Ms Cann submitted that Ms Hu’s application was not made within the period allowed under the Act for an application for review to be filed, and should therefore be dismissed. Although Ms Cann’s memorandum was copied to Ms Hu, she has not filed submissions in response. Nor has she filed any submissions in support of her application for review. [4] Ms Hu has had adequate...

4. [2018] NZEnvC 159 Burgoyne v Northland Regional Council [pdf, 1.8 MB]

   ...Application by A Burgoyne and Te Taumata Kaumatua 0 Ngati Kuri Research Unit [2] On 31 July 2018 A Burgoyne and Te Taumata Kaumatua 0 Ngati Kuri Research Unit lodged a notice to become a party to their own appeal under s 274 of the Act. This notice was filed following the Court's Minute of 13 July 2018 which stated the following at [9] : given the position of the Council, apparently opposing the involvement of Te Taumata Kaumatua 0 Ngati Kuri Research Unit, it appears the Uni...

5. [2020] NZEmpC 155 Head v Chief Executive of the Inland Revenue Department [pdf, 180 KB]

   ...JUDGMENT OF JUDGE B A CORKILL [1] In McCook v Chief Executive of the Inland Revenue Department (EMPC 254/2019), nine plaintiffs seek declarations under s 6 of the Employment Relations Act 2000 (the Act). However, the second plaintiff has recently filed a notice of discontinuance on the basis of ill-health. [2] That development resulted in Mr Keanu Head applying, in that proceeding, for an order of joinder so that he would become the replacement second plaintiff. In his suppo...

6. [2019] NZEnvC 185 Motiti Rohe Moana Trust v Bay of Plenty Regional Council [pdf, 255 KB]

   ...is at the heart of the concerns for the New Zealand Sport Fishing Council. They had made an application for access which was at first very broadly worded and may have been incapable of performance. [3] We point out that the Court staff manages files by manner of the appeal filed rather than the subject matter within it. On all three of these appeals there are multiple issues which arise and there have been many interim decisions, minutes, directions and the like throughout all of th...

7. [2021] NZEmpC 152 Alkazaz v Enterprise IT Ltd [pdf, 177 KB]

   ...respondents that the applications are misconceived. They are accordingly unsuccessful. Costs are reserved [21] Costs are reserved. If they cannot be agreed between the parties, an application may be made by the respondents by way of memoranda filed and served within 20 working days of this judgment. Any response from Mr AlKazaz must be filed and served within a further 15 working days and any reply from the respondents must be filed and served within a further five working da...

8. [2022] NZEmpC 213 Ashby v NIWA Vessel Management Ltd [pdf, 153 KB]

   ...accommodation when the Court was open to the matter proceeding via AVL. They also are sought for travel and accommodation for Ms Ashby’s sister (her support person) and for her out of town representative. [8] I agree that there were documents filed by Mr Halse that were unnecessary. I also take into account that the application for leave to extend time was because of Ms Ashby’s late challenge. I accept the figure of $16,500 for costs up until 4 May 2022 (exclusive of GST)...

9. [2022] NZEmpC 150 McDermott v Employment Relations Authority [pdf, 164 KB]

   ...1 McDermott v Employsure Ltd NZERA Auckland 3109492, 19 May 2022. (the Act), and s 36 of the Health and Safety at Work Act 2015. The remedy sought is to quash the Authority’s minute allowing the use of AVL. [9] The parties have filed submissions in anticipation of the substantive hearing. The anticipated argument that prompted the first ground of Mr McDermott’s application to adjourn was a discussion in Employsure’s submissions to the effect that judicial review...

10. NC v NO [2023] NZDT 544 (20 September 2023) [pdf, 122 KB]

    ...do that. Background On 4 January 2021, NC purchased a [vehicle] from NO for $9,750.00. Arising from the sale, NC is now claiming the sum of $4,249.50 (being $3,622.50 cost of module and $507.00 installation and $120.00 tow bar). As this file has a lengthy history, there is extensive documentation on file including lengthy statements and exhibited cost quotations. To adjust for cost price increases since this application was originally filed over 2 years ago on 12 April 2021, th...