Search Results

1. [2020] NZEmpC 207 Eastern Bays Hospice Trust T/A Dove Hospice v Raggett [pdf, 176 KB]

   ...they allegedly failed to object to the proposal when it was raised by the plaintiff. Waiver had not featured when the matter was investigated by the Employment Relations Authority, nor did it feature in the original statement of claim that was filed. The plaintiff says that it is important that leave be granted to enable the real controversy to come before the Court for resolution.1 [3] An application for leave to amend a statement of claim raises three key considerations:2 ...

2. [2017] NZEmpC 129 Phoenix Publishing Ltd v McCallum [pdf, 111 KB]

   ...MATTER OF an application to extend time to file a challenge to a determination of the Employment Relations Authority BETWEEN PHOENIX PUBLISHING LTD Applicant AND LILY MCCALLUM Respondent Hearing: On the papers filed on 18 and 28 July 2017 Appearances: S Bennison, General Manager and representative for the applicant L McCallum, respondent in person Judgment: 25 October 2017 JUDGMENT OF JUDGE M E PERKINS [1]...

3. [2021] NZEmpC 50 Vulcan Steel Ltd v Manufacturing & Construction Workers Union [pdf, 183 KB]

   ...prejudice or hardship to any other person with a legitimate interest in the outcome. (d) The effect on the rights and liabilities of the parties. (e) Subsequent events. (f) The merits of the proposed challenge. Reason why challenge not filed in time [6] The determination is dated 7 January 2021. That is the date from which the 28-day timeframe runs. That means that a challenge ought to have been filed no later than 4 February 2021. The company filed an application for l...

4. [2022] NZACC 99 – Dooney v ACC (24 May 2022) [pdf, 165 KB]

   ...AND ACCIDENT COMPENSATION CORPORATION Respondent Judgment on the papers. Submissions: The Appellant is self-represented J Cole for the Respondent Date of Judgment: 24 May 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 Dooney on 5 November 2021. The appeal is from the decision of a Reviewer dated 14 July 20...

5. [2024] NZLVT 051 - Dobbie v Far North District Council (2 October 2024) [pdf, 842 KB]

   ...October 2024 Date of Issue: 2 October 2024 DECISION OF THE LAND VALUATION TRIBUNAL ON WAIVER APPLICATION A: Pursuant to Rule 29 of the Land Valuation Tribunals Rules 1977, the Chair of the Land Valuation Tribunal waives the time for filing of the objection with the Tribunal. B: The Tribunal makes further case management directions as set out in this decision. Council shall provide explanation as to revaluation notices being issued by Quotable Value by 31 October 2024....

6. Recorded Music NZ Limited v Telecom NZ 7011 [2015] NZCOP 1 [pdf, 59 KB]

   ...UNDER The Copyright Act 1994 BETWEEN RECORDED MUSIC NZ LIMITED Applicant AND TELECOM NZ 7011 Respondent BEFORE THE COPYRIGHT TRIBUNAL Jane Glover DECISION ON THE PAPERS Introduction [1] This case concerns alleged file sharing infringement under s.122A-U of the Copyright Act 1994 (“the Act”).1 “File sharing is where - Sections 122A-U of the Act set out a process for copyright owners to use when they consider that an internet user has infring...

7. FG v PL & ML LCRO 176/2014 (28 November 2014) [pdf, 42 KB]

   ...[5] She followed that up with an email enclosing her application which arrived at the LCRO on the morning of Sunday 14 July at 5.51 am. 2 [6] The application was returned to FG together with a letter advising that her application had been filed out of time. FG instructed counsel who filed submissions supporting argument that the application had been filed within time. Relevant principles [7] Section 198 of the Lawyers and Conveyancers Act 2006 (the Act) provides: Applicatio...

8. Consultation paper enabling on site audits [pdf, 481 KB]

   ...changes would enable greater use of on-site audits as part of the Ministry of Justice’s standard audit programme. 2. An ‘on-site’ audit entails a visit to the legal aid provider’s premises by an external auditor to review the provider’s files and conduct an interview. In an ‘off-site’ audit the Ministry requests case files from the provider and sends them on to the auditor. The auditor does not meet the provider in an off-site audit. 3. Details of our proposed changes are...

9. [2020] NZEmpC 118 Savrim v Wellington Hospitality Group Ltd [pdf, 185 KB]

   ...which any challenge ought to have been filed.5 2 At [11]–[34]. 3 At [36]–[49]. 4 At [7]. 5 Employment Relations Act 2000, s 179(2). Court has discretion to extend the time for filing [8] While the Act prescribes a timeframe within which challenges are to be filed, the Court retains a discretion to extend the time for filing.6 In exercising that discretion, the Court must act in accordance with principle, with t...

10. Roberts v Accident Compensation Corporation (Late appeal to the District Court) [2023] NZACC 111 [pdf, 159 KB]

    ...ACCIDENT COMPENSATION CORPORATION Respondent Judgment on the papers. Submissions: The Appellant is self-represented R Wanigasekera for the Respondent Date of Judgment: 11 July 2023 JUDGMENT OF JUDGE P R SPILLER [Late filing of an appeal to the District Court – s 151, Accident Compensation Act 2001] Introduction [1] The appeals in the above matter were lodged by Mr Roberts as follows: (a) ACR 104/23: lodged on 12 June 2023. The appeal is from the dec...