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1. LCRO 88/2023 VG v FB and SS (30 July 2024) [pdf, 186 KB]

   ...VG sought further assistance from Mr FB in March 2022. Relationship property issues had not been able to be resolved. His former partner had filed proceedings in the Family Court. Mr VG was required to respond to those proceedings. [8] Prior to filing a defence to the proceedings, attempts were made to ascertain as to whether the issues in dispute could be settled without need for the intervention of the Court. Those attempts were unsuccessful. [9] Mr FB drafted and filed a notice o...

2. [2016] NZEmpC 44 G L Freeman Holdings Ltd v Belley (Labour Inspector) [pdf, 172 KB]

   ...taken no substantive part in the Authority’s investigation. 1 Belley (Labour Inspector) v G L Freeman Holdings Ltd [2015] NZERA Christchurch 119. [3] On 11 September 2015, the company filed a statement of claim challenging the penalty imposed by the Authority. It was by then represented by counsel. The defendant filed a statement of defence on 23 October 2015. [4] On 23 November 2015, I conducted a telephone directions...

3. 2017 NZEnvC-121 Auckland Council [pdf, 178 KB]

   ...confirmed that no party wishes to seek leave to appear and be heard in relation to this application. [5] The waivers and directions sought relate generally to the service of any Notices of Appeal, the time within which any Notices of Appeal must be filed, the operation of s 274 of the RMA, and the filing and service of any further Court documents relating to any appeals. [6] The Council has submitted that the waivers and directions it seeks are consistent with waivers and directio...

4. Handy v New Zealand Fire Service Commission (Strike-Out Application No. 2) [2019] NZHRRT 19 [pdf, 90 KB]

   ...Mr RK Musuku, Member REPRESENTATION: Mr J Handy in person Mr GC Davenport defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 22 March 2019 DECISION OF TRIBUNAL STRIKING OUT CLAIM1 [1] In March 2016 Mr Handy filed proceedings in the Tribunal against the New Zealand Fire Service Commission, now known as Fire and Emergency New Zealand (FENZ). The claim concerned two complaints against FENZ. The first was of racial harassment and the second was of d...

5. [2016] EmpC 128 Vasona Networks Inc v Sunder [pdf, 83 KB]

   ...Authority’s conclusion was that an award of $10,000 was appropriate and an order was made accordingly. 5 3 At [44]. 4 At [46]. 5 At [48]. [7] On 13 July 2016, Mr Sunder filed a challenge to the Authority’s determination and made an election under s 179 of the Employment Relations Act 2000 (the Act) to have a full hearing of the entire matter (a de novo hearing). That proceeding is EMPC 170/2016. Mr Sunde...

6. [2022] NZACC 117 – Tibble v ACC (16 June 2022) [pdf, 166 KB]

   ...Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Judgment on the papers. Submissions: K Brandt for the Appellant P McBride for the Respondent Date of Judgment: 16 June 2022 JUDGMENT OF JUDGE P R SPILLER [Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001] Introduction [1] The appeal in the above matter was lodged by Ms Tibble on 7 December 2021. The appeal is from the decision of a Reviewer dated 15 O...

7. 2022 Decisions of public interest

   ...Relations Authority (Judgment of Judge J C Holden, 1 August 2022) APPLICATION FOR JUDICIAL REVIEW –Employment Relations Act 2000, s 236 – Authority determined CultureSafe had not established authority to represent – Authority administratively closed file – Authority had jurisdiction to consider question of authority to represent – application declined.  [2022] NZEmpC 123 CSN v Royal District Nursing Service New Zealand Ltd (Judgment of Judge B A Corkill, 11 July 2022) DECLARATION...

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8. [2007] NZEmpC AC 62/07 Taylor & Anor v von Tunzelman [pdf, 31 KB]

   ...concluded that the respondents had failed to comply with its earlier order. [8] There is an added potential difficulty in this case. Mr Bogiatto tells me that WPL went into liquidation on about 13 August which was about a week after Mr Taylor filed this challenge including on behalf of the company. So it would seem to follow that at the time of the Authority’s first determination and the filing of the challenge to that, WPL, that I understand was in effect Mr Taylor’s own comp...

9. Phon v Waitakere City Council [2011] NZWHT Auckland 24 [pdf, 78 KB]

   ...report. He advised he would provide this when completed and further advised that if the claim against the Council and Mr Kaill was not supported by the claimants’ expert, the claim against them would most likely to withdrawn. The claimants filed a copy of their expert’s report without indicating they had any further advice or report from their expert. A further case conference was convened and the Council noted that the claimants’ expert report neither clarified the...

10. High quality legal aid services [pdf, 466 KB]

    ...members of the approval selection committee, the auditors bring a high level of practical knowledge and experience to our quality assurance framework. Our audit methodology is paper-based. Auditors review selected cases based on the lawyer’s files and records. For each lawyer, we select seven completed legal aid cases that cost at least $1,000, of a variety of case-types. The case files are handled on a strictly confidential basis and Ministry staff do not open the files before transf...