Search Results

1. [2020] NZEmpC 116 A Labour Inspector of the Ministry of Business, Innovation and Employment v NewZealand Fusion International Ltd [pdf, 190 KB]

   ...interests of justice that a stay is granted, and I decline to do so. The application is dismissed accordingly. [15] The parties are encouraged to agree costs. If that does not prove possible, I will receive memoranda, with the Labour Inspector filing and serving her memorandum within 21 days, and the defendants filing their memorandum within a further 14 days. Christina Inglis Chief Judge Judgment signed at 2.30 pm on 4 August 2020...

2. [2020] NZEmpC 146 Shaw v Bay of Plenty District Health Board [pdf, 209 KB]

   ...understand, is about that discussion and its result, to support the pleadings of bullying and harassment. However, as a summonsed witness there is no brief of his expected evidence, and no “will say statement” of the anticipated evidence was filed. [5] Against that brief background, Mr Single was served with a witness summons on 11 September 2020. Pursuant to that summons he is required to attend the Employment Court, in Auckland on 21 September 2020 at 9.30 am until release...

3. [2020] NZEmpC 127 123 Casino Ltd T/A 123 Palm Bar & Restaurant & Function Centre v Zuo [pdf, 208 KB]

   ...Guideline Scale applies a daily recovery rate gleaned from sch 2 of the High Court Rules 2016 as amended from time to time. Until 1 August 2019 that rate was $2,230 per day. From that date it rose to $2,390. When Ms Moncur’s costs submissions were filed the whole of the calculation she provided was based on claiming for each step in the Guideline Scale using the higher daily rate; that is the one that applied after 1 August 2019. In fact, only three of the steps taken in the p...

4. XD v MU [2020] NZDT 1311 (14 May 2020) [pdf, 189 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 28 days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside of 28 days if you have been granted an...

5. [2019] NZEnvC 123 Schwartfeger v Northland Regional Council [pdf, 2.5 MB]

   ...blameworthiness in that an issue was pursued by the Council without merit before this Court notwithstanding the Court had given an earlier indication of its view on the topic. The 2016 fees [25] I am satisfied, as was the Court, that the Schwartfegers' filed an appeal before this Court in 2016 because of the notification to them that it was being considered as a s357 A objection. The document in question is annexed to the decision of the Court in 2016. That led them to consider...

6. Hennessy v Parkinson - Himatangi Block 7 (2019) 410 Aotea MB 238 (410 AOT 238) [pdf, 132 KB]

   ...trustees. This whenua retains great cultural and spiritual significance to our people. This is papakainga land, my mother was born here, my grandfather died here. We are ahi kaa, mana whenua. We are the land and the land is part of us. [4] Filed with the application were a number of photographs of the works. These show areas of vegetation cleared from undulating, low-lying land with a sandy base. Also filed were a number of emails between trustees and the minutes of two truste...

7. Code of Practice: COVID-19 Supplementary Information [pdf, 278 KB]

   ...the community. Safety notifications and reporting non-compliance must continue. Providers will need to maintain up to date information about relevant support and crisis services for clients. All client work must be clearly documented in client files Providers must document all client contact and any change in delivery mode or site. Files should ‘tell the story’ of how the service is meeting risk and safety needs. Payment rules for programmes The standard payment rules and...

8. Waitangi Tribunal COVID-19 Level 2 Protocol (13 May 2020) [pdf, 160 KB]

   ...available, as is currently the case. Translation services for submissions made in te reo Māori will be made available through simultaneous translation where possible, and through the published transcript where simultaneous translation is not possible. Filing 11. At Level 2, all filing with the Waitangi Tribunal must be made either electronically or by post. Documents will not be able to be received for filing in person. Hearings 12. For all currently scheduled Waitangi Tribunal he...

9. LCRO 222/2017 RD v LC and BT (31 July 2019) [pdf, 144 KB]

   ...applications for review which go further than pleadings, including provision for both evidence and submissions. [13] Moreover, strike out applications under r 15.1 will be made at the early stage of a proceeding when a claim or defence has been recently filed. Significantly, s 205 empowers this Office only to strike out; not Standards Committees where complaints are initially, and usually finally, adjudicated. [14] In my view s 205 is intended to arm this Office with the summary ab...

10. BN Ltd v DL [2020] NZDT 1517 (11 December 2020) [pdf, 178 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 28 days of the decision having been made. There is a $200 filing fee for an appeal. You can only appeal outside 28 days if you have been granted an ex...