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1. QH v N Ltd [2024] NZDT 891 (13 December 2024) [pdf, 119 KB]

   ...of the Disputes Tribunal hearing there is no jurisdiction for the District Court to reach a finding different to that of the Referee. A Notice of Appeal may be obtained from the Ministry of Justice, Disputes Tribunal website. The Notice must be filed at the District Court of which the Tribunal that made the decision is a division, within 20 working days of the decision having been made. There is a $260 filing fee for an appeal. You can only appeal outside of 20 working days if you have...

2. [2010] NZEmpC 160 Mc Culloch & Ors v NZFS Council [pdf, 181 KB]

   ...proceedings here for a declaration of exclusive jurisdiction. These proceedings are opposed by the Commission. By agreement, the case has been heard by reference to the statements of claim and defence in the High Court proceedings, affidavit evidence filed in the High Court proceedings, some further affidavit evidence filed by the Commission in this Court, and by submissions made by counsel for the parties. [2] There have been two judgments issued by the High Court, both in proc...

3. [2012] NZEmpC 49 Miller v Fonterra Co-Operative Group [pdf, 175 KB]

   ...former employee of Kiwi, Mr Wackrow. Mr Miller says that Mr Young told him that he would provide the affidavit in a form that could be used for both sets of proceedings. Mr Young’s affidavit is dated 29 May 2008. [47] Twenty months after filing the claim, the plaintiff applied for removal to this Court, filing Mr Young’s affidavit in support. Mr Matthews, General Counsel for Fonterra, swore an affidavit filed in opposition to the application in which he responded to vario...

4. [2012] NZEmpC 47 TLNZ Auckland Ltd and C3 Ltd v Maritime Union of NZ and Parsloe & Ors and Jennings & 21 ors [pdf, 202 KB]

   ...contended, this might have implications under s 97 of the Employment Relations Act 2000, (the Act), which deals with the performance of the duties of striking or locked out employees by other persons. [6] Mr Mitchell advised that he would be filing an affidavit from Russell Mayn, the third named of the second defendants, dealing with these matters. He also gave notice of a desire to cross-examine the plaintiffs’ main deponent, Warren John Pritchard, the General Manager Empl...

5. [2015] NZEmpC 145 McIvor v Saad [pdf, 248 KB]

   ...Auckland 203. Preliminary questions [3] There are two matters that must be dealt with at the outset. The first arises out of the following circumstances. On 22 July 2015 the defendant’s briefs of evidence and the bundle of documents were filed. The defendant had then recently engaged counsel but there was no suggestion of any amended pleadings being filed by the defendant. Indeed, leave would have been required to do so because the case had been set down for hearing....

6. [2015] NZEmpC 164 Wellington Free Ambulance Service Inc v Austing Anor [pdf, 143 KB]

   ...operate as a transitional interim arrangement pending the outcome of the substantive Authority investigation in the New Year. [3] The plaintiff's de novo challenge to the Authority's determination granting interim reinstatement was filed on 20 August 2015 accompanied by an application for urgency. After hearing submissions from counsel, the Court issued a minute to the parties on 28 August 2015, allowing the application for urgency. [4] Of some concern to the Court is...

7. Stevens - Estate of John Henry Carroll [2016] Chief Judge's MB 1 (2016 CJ 1) [pdf, 253 KB]

   ...Carroll BETWEEN DIANE WIKITORIA STEVENS Applicant Date: 28 January 2016 DECISION OF CHIEF JUDGE W W ISAAC 2016 Chief Judge’s MB 2 Introduction [1] This application is filed by Diane Wikitoria Stevens (“applicant”) pursuant to s 45 of Te Ture Whenua Māori Act 1993 (“the Act”). The applicant seeks to amend a succession order dated 3 February 2009 at 129 South Island MB 37-42 (“order complained...

8. Wellington Standards Committee v Hirschfeld [2014] NZLCDT 48 [pdf, 144 KB]

   ...himself. Mr Harrison submitted it was an unfair of the Standards Committee to characterise Mr Hirschfeld’s response as lacking in frankness or remorse. To the submission made by Mr Gudsell that the practitioner did not provide direct access to his files, Mr Harrison responded that given that the practitioner accepted the errors there was no need to provide the files. Furthermore neither the LSA or the Standards Committee, both of whom had investigatory powers, sought to obtain...

9. Nelson Standards Committee v Webb [2011] NZLCDT 2 [pdf, 159 KB]

   ...[17] Mr Webb’s former legal partner, Ms Stevens, said in her affidavit of 15 March 2010 that it was not common practice in Nelson for estate properties to be in the hands of house-sitters until sale. In a second affidavit, dated 14 June 2010 and filed in response to affidavits filed for Mr Webb, Ms Stevens accepted that house-sitting may occur from time to time where a property would otherwise be left unoccupied for an extended period of time, but stated that she had not been aware...

10. Boyce v Westpac NZ Ltd [2015] NZHRRT 41 [pdf, 90 KB]

    ...Tribunal accepts Mr Boyce’s contention the card could be used as a personal card. [8] At the conclusion of the evidence stage of the hearing Mr Bate (who was not instructed by Mr Boyce until the eve of the hearing) sought leave for the parties to file their closing submissions in writing. Mr Hendriksen did not oppose and it was agreed closing submissions for Westpac would be filed by 25 August 2015 and the closing submissions for Mr Boyce filed by 8 September 2015. Those submissions...