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1. [2020] NZIACDT 17 - XA v Hill (10 March 2020) [pdf, 304 KB]

   ...rejects this. [38] On the same day, Ms Hill sent an email to Immigration New Zealand seeking copies of the various applications previously made by the complainant. Residence application lodged [39] The complainant’s application for residence was filed by Ms Hill on 26 June 2017. It again recited that the complainant had “recognised” work experience as a practice 7 manager for the dental company in the provincial city from 1 April 2015 to 25 April 2017. She claimed 19...

2. [2018] NZEmpC 110 A Labour Inspector v Prabh Ltd [pdf, 508 KB]

   ...2016. In view of the fact that the Court was already dealing with the claims under Part 9A of the Act against Prabh, the Authority made an order removing its proceedings to the Court pursuant to s 178 of the Act.1 The claims by the Labour Inspector filed in the Authority related to alleged breaches by Prabh of the Minimum Wage Act 1983, the Holidays Act 2003 and failure to keep records and copies of employment agreements as required by the Act.2 The second and third defendants are...

3. FV Reform Paper 2 Civil Law [pdf, 558 KB]

   ...direct that bound persons are required to attend a risk and needs assessment  treating a failure to comply with this direction as a breach of the order  empowering Police to issue a PSO if a person is arrested, but no charges are subsequently filed  specifying complaints of breaches of PSOs are to be proved to the civil standard, instead of the criminal standard. 17 Linking PSOs to assessment 90. Issuing a PSO provides an opportunity to link a perpetrator to ser...

4. [2011] NZEmpC 85 Melville v Air NZ [pdf, 67 KB]

   ...July 2011] IN THE EMPLOYMENT COURT AUCKLAND [2011] NZEmpC 85 ARC 18/10 IN THE MATTER OF an application for costs BETWEEN LYNETTE MELVILLE Plaintiff AND AIR NEW ZEALAND LIMITED Defendant Hearing: By submissions filed on 22 December 2010 and 2 February 2011 Judgment: 12 July 2011 COSTS JUDGMENT OF JUDGE B S TRAVIS [1] In my judgment 1 of 8 July 2010, I reserved costs and sought memoranda if agreement could not be reached. Costs have...

5. [2012] NZEmpC 68 Postal Workers Union v NZ Post Ltd [pdf, 110 KB]

   ...ARC 58/10 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN THE POSTAL WORKERS UNION OF AOTEAROA Plaintiff AND NEW ZEALAND POST LIMITED Defendant Hearing: By submissions filed on 10 February and 12 March 2012 (Heard at Auckland) Counsel: Paul Blair, advocate for plaintiff Penny Swarbrick, counsel for defendant Judgment: 30 April 2012 JUDGMENT OF JUDGE CHRISTINA INGLIS IN RELATION TO COSTS...

6. [2006] NZEmpC AC 5A/06 Westpac Banking Corporation v Smythe [pdf, 30 KB]

   ...EMPLOYMENT COURT AUCKLAND AC 5A/06 ARC 8/06 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN WESTPAC BANKING CORPORATION Plaintiff AND RAEWYN SMYTHE Defendant Hearing: By memoranda filed on 23 February and 9 March 2006 Judgment: 30 June 2006 at Noon COSTS JUDGMENT OF JUDGE A A COUCH [1] On 10 February 2006 I gave my substantive judgment in this matter (number AC 5/06). I concluded by observing that each party...

7. Kīngi v Eru - Whakapoungakau 24 (2014) 111 Waiariki MB 20 (111 WAR 20) [pdf, 146 KB]

   ...the correspondence as to when precisely these concerns emerged. If they had have been laid before the Court soon after the meeting, if they were in fact known at that time, then more urgent steps might have been taken to ensure evidence had been filed in support of these serious claims. [14] I have carefully considered whether or not the nominees will be prejudiced by a delay in their appointments until the end of January 2015. Given that the current trustees are directed to mai...

8. Top Energy Ltd - Taheke 2 (2015) 118 Taitokerau MB 144 (118 TTK 144) [pdf, 166 KB]

   ...percentage of the known living owners, it amounts to almost 70 per cent of the ownership interests. There is otherwise no owner opposition to the granting of the easement. [12] As for the form of the easement, I am satisfied that the draft easement filed, with appropriate adjustment in relation to the nature of the works, is appropriate. [13] As for compensation, I am satisfied that the sum of $30,000.00 plus GST (if any) reflects the value of the granting of the easement. [14]...

9. [2013] NZEmpC 88 Rittson-Thomas t/a Totara Hills Farm v Davidson [pdf, 104 KB]

   ...hearing of the challenge was delayed unnecessarily. The advocate points out that Mr Hunt eventually removed all references to personal accusations against the plaintiff’s advocate and to associated remedies after what Mr Tayler described as the filing of “a rather disproportionately angry and somewhat hysterical memorandum”. Mr Tayler submitted that on 17 October 2012 the Court had issued a minute that was “highly critical” of Mr Hunt, including recommending that Mr Hunt s...

10. ABN Ltd v ZYR & ZYQ [2013] NZDT 61 (17 May 2013) [pdf, 68 KB]

    ...because the formation of the middle section was not able to be completed by them. [8] A dispute arose between the parties over the cost of completing the formation of the middle section so that it can be sealed. [9] ABN Ltd filed a claim seeking the $463.63 being the alleged balance of the quoted price for work done and materials supplied. [10] The issues were decided on the evidence and law, including that of the general law of contract, Consumer Guarantees...