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1. [2019] NZEmpC 100 NZ Compliance and Repairs Ltd v Mistry [pdf, 193 KB]

   ...plaintiff would need to rely upon if the challenge proceeded. [4] In a minute dated 13 June 2019, a direction was given requiring the plaintiff to file an amended statement of claim in compliance with the Regulations. The time set for the filing of the amended statement of claim was 4 pm on Friday 28 June 2019. The minute indicated that, once the amended statement of claim complied with the Regulations and was filed and served, the defendant would have a further 14 days in whi...

2. [2023] NZEmpC 58 Lai v Gray [pdf, 155 KB]

   ...by Mr Gray. [4] Mr Lai has now applied for an order staying execution of the Authority’s determinations. [5] It is appropriate at this juncture to briefly review the procedural steps that have been taken leading up to the application being filed and this decision. On 8 February 2023, timetable directions were made to enable the application for the stay to be considered and a decision made on the papers. Under that timetable the plaintiff’s application for a stay was to be fi...

3. [2025] NZSSAA 04 (28 January 2025) [pdf, 69 KB]

   ...[4] Section 400(3) of the Social Security Act 2018 allows the Authority to allow a further period for bringing an appeal if it “considers there is good sufficient reason for the delay.” Discussion [5] XXXX considers that the reason for late filing was due to extreme circumstances beyond his control. This included dealing with his father’s cancer illness and the possibility of his father dying, being extremely unwell, stress related to his interactions with the Ministry’...

4. [2023] NZIACDT 1 - NI v Chak (5 January 2023) [pdf, 279 KB]

   ...four documents by email to the couple and asked for them to be printed out and brought to the meeting. 3 [8] The complainant and Mr Chak signed the service contract on 27 and 28 September 2016 respectively. Mr Chak agreed to prepare and file work visa and residence visa applications in the entrepreneur category. The fee was $60,000, payable in three instalments of $20,000. It expressly included the preparation of a business plan and the time spent visiting the complainant...

5. [2013] NZEmpC 61 Alatipi v CE of the Department of Corrections [pdf, 56 KB]

   ...“hectic” and then on Sunday, 24 February 2013 he had to travel to Gisborne for a two-day fixture. Mr Bennett believed that he posted the statement of claim to the Registry office on Saturday, 23 February 2013. He frankly acknowledged that the late filing was entirely his fault and he submitted that, “The plaintiff should not lose his opportunity to seek to have his matter heard because of counsel’s inadvertence.” [4] In a minute dated 5 March 2013, Chief Judge Colgan sou...

6. [2020] NZEmpC 83 Hurst v Hodgson [pdf, 168 KB]

   ...sole director of Greenfields at the relevant times; Mr Hurst says he was Greenfields’ Network Development Manager. 2 Hodgson v Rural Networks Ltd [2020] NZERA 80 (Member Arthur) at [A]-[G]. [2] Mr Hurst’s challenge ought to have been filed by 20 March 2020.3 He filed an application for leave to extend time to file a challenge on 24 April 2020. This judgement resolves that application. [3] Under s 219 of the Act, the Court may extend the time for doing anything that...

7. Croft v Hing - Motatau 5E14B3B (2017) 162 Taitokerau MB 155 (162 TTK 155) [pdf, 199 KB]

   ...[4] There is an old cowshed on the block that has been converted into a house (“the shed”). Mrs Croft is living in the shed. This shed is the subject of these proceedings. The application before Judge Ambler [5] In 2015, Maureen Hing filed an application seeking ownership of the shed in favour of the whānau trust.3 Mrs Croft opposed the application arguing the shed belonged to her late father. Judge Ambler adjourned the application and directed the parties to raise the...

8. Seary v Accident Compensation Corporation (Late filing of appeal) [2022] NZACC 187 [pdf, 188 KB]

   ...Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Judgment on the papers. Submissions: The Appellant is self-represented J Castle for the Respondent Date of Judgment: 28 September 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 Seary on 25 August 2022. The appeal is from the decision of a Reviewer dated 3 June...

9. [2023] NZEmpC 115 Carrington Resort Jade LP v Maheno [pdf, 226 KB]

   ...TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2023] NZEmpC 115 EMPC 2/2023 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application for leave to extend time to file pleadings AND IN THE MATTER OF an application for security for costs and stay of proceedings BETWEEN CARRINGTON RESORT JADE LP Plaintiff AND TONI MAHENO Defendant Hearing: On the papers A...

10. 2023 Decisions of public interest

    ...[2023] NZEmpC 224 Medina Trading Ltd T/A Hotel Debrett v Hunter (Preliminary Judgment of Judge Kathryn Beck, 7 December 2023) SCOPE OF CHALLENGE – a de novo challenge by definition is a challenge to the entire matter before the Authority – challenge filed by plaintiff was only to part of the determination – challenge is accurately described as a non-de novo challenge. [2023] NZEmpC 221 Cronin-Lampe v The Board of Trustees of Melville High School (Judgment (No 2) of Judge B A Corkill, 5 De...

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