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1. [2022] NZEmpC 68 KAQ v Attorney-General [pdf, 244 KB]

   ...• The proceedings have now been discontinued and were at an early stage when this occurred. • Access could undermine the non-publication order made by the Court and result in the plaintiff (who was a minor at the time the proceedings were filed) being identified. • A number of documents on the Court file contain sensitive personal information about the parties and others. • The documentation contains reference to a number of serious allegations which have not been tes...

2. [2021] NZEmpC 218 Bay of Plenty District Health Board v CultureSafe New Zealand Ltd [pdf, 227 KB]

   ...application for strike out brought by the second defendant, Mr Allan Halse. [2] The ground relied on is that due to the multiplicity of documents served by Mr Halse, there was an administrative oversight in terms of noting the due date for the filing of the notice of opposition; thus, an attempt to file it was made three days late. [3] A brief summary of the procedural history is necessary. [4] On 22 September 2020, I issued a judgment resolving a preliminary question as to the...

3. Osborne v Accident Compensation Corporation (Late filing to the District Court) [2024] NZACC 195 (27 November 2024) [pdf, 155 KB]

   ...ACCIDENT COMPENSATION CORPORATION Respondent Judgment on the papers. Submissions: D Dixon-McIver for the Appellant S Hack for the Respondent Date of Judgment: 27 November 2024 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 Osborne on 25 October 2024. The appeal is from the decision of a Reviewer dated 23 Septem...

4. Justice Matters newsletter archive

   ...future. Justice Matters issue 06 - March 2017 Justice Matters issue 05 - December 2016 Delivering quality services Welcome to the latest issue of Justice Matters. Chief Executive Andrew Bridgman talks about delivering on customer expectations, we profile the new operations leadership team, Justice Minister Amy Adams discusses a fresher approach to family violence laws, and we highlight a range of initiatives that put our customers at the forefront of the justice system. Justice Matters issue 05...

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5. 2014 Decisions of public interest

   ...genuinely considered redeployment opportunities – Defendant justifiably dismissed. [2014] NZEmpC 169 Goulden v Capital and Coast District Health Board [Interlocutory Judgment of Judge B A Corkill, 15 September 2014] WHETHER STATEMENT OF DEFENCE FILED IN TIME - how to calculate ‘final day’ – interpretation of Regulation 28 – time begins to run from the date of the action described in Reg 28 – statement of defence filed one day out - genuine confusion- no issue of prejudice to ot...

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6. [2023] NZEmpC 96 Halse v Employment Relations Authority [pdf, 291 KB]

   ...jurisdiction to issue a claim against him. He clarified this third ground of review in oral argument and submitted that the 1 Halse v Employment Relations Authority [2023] NZEmpC 53. Authority should never have accepted the claim for filing and did not have jurisdiction to allow malicious claims to be filed. He submitted that the counter-claim of Progress to Health was malicious as it was a SLAPP – a strategic lawsuit against public participation. Additionally, he su...

7. [2024] NZIACDT 14 – SC v Murthy (23 April 2024) [pdf, 166 KB]

   ...$1,380. [11] On the same day, the complainant emailed the refugee claim documents in his possession to Ms Murthy. [12] On 26 January 2023, Ms Murthy wrote to the solicitor representing the complainant on his refugee claim seeking a copy of his file. [13] Ms Murthy responded on 12 February 2023 to Immigration NZ’s letter of 23 January 2023. She said that the complainant did not receive correct information about his eligibility, since when she rang Immigration NZ’s helpdes...

8. LCRO 95/2019 CM v DL (9 March 2021) [pdf, 285 KB]

   ...CM’s bankruptcy file from MBIE; and (e) made errors in the drafting of an affidavit; and (f) had acted incompetently in advancing a bail application; and (g) had acted incompetently in representing Mr CM at trial; and (h) had failed to provide files despite repeated requests; and (i) declined to accept phone calls from Mr CM from mid-December 2018 onwards, and had been reluctant to engage with him throughout the retainer. [18] The Standards Committee summarised the focus of i...

9. LCRO 189/2016 EM v FN and GP (19 May 2017) [pdf, 158 KB]

   ...did not tell Ms EM whether or not they had lined up another property to buy. [5] On 3 February 2016 the respondents terminated Ms EM’s instructions, and instructed a new lawyer, Mr HR. Ms EM received an authority to uplift the respondents’ files on Friday, 5 February 2016, with a request that she courier all the documents and files urgently. [6] Monday, 8 February 2016 was a public holiday. [7] Mr HR emailed Ms EM again on 9 February asking her to urgently confirm the fil...

10. 19 June 2020 Updated FC Caseflow Management Practice Note [pdf, 1.4 MB]

    ...(c) All cases not resolved by conciliation will be assigned to case management tracks in accordance with case management guidelines in this Practice Note. (d) The Court, in consultation with counsel and the parties, will manage all cases— from the filing of the first document invoking the Court’s jurisdiction through to final disposition—without diminishing the responsibility of counsel for their part in competent case management. (e) Caseflow standards controlling the timeliness o...