Search Results

1. [2010] NZEmpC 103 Coy v Commissioner of Police [pdf, 75 KB]

   ...combination, in his challenge to particular parts of the evidence. These categories can be listed under the following shorthand titles: • opinion evidence; • expert evidence; • advocacy; • hearsay evidence; • scope of evidence filed in reply [12] As to opinion evidence, Ms McKechnie argued, citing s 23 of the Evidence Act, that this is inadmissible, except to the extent that there may be exceptions as illustrated by ss 24 and 25. The former section (s 24) allows fo...

2. [2013] NZEmpC 1 Gini v Literacy Training Ltd [pdf, 152 KB]

   ...On 30 April 2012, the Court convened a directions conference in which the parties confirmed that the mediation had been unsuccessful. At the same time, the hearing was scheduled for 11 and 12 July 2012 and a timetabling order was made for the filing of briefs of evidence. [5] On 3 May 2012, the defendant filed a notice of withdrawal of proceedings. Further procedural steps followed which it is unnecessary for me to detail. Suffice it to say that the end result was that the matte...

3. Director of Proceedings v Radius Residential Care Ltd [2015] NZHRRT 50 [pdf, 310 KB]

   ...REPRESENTATION: Ms N Wills, Director of Proceedings Mr N Beadle and Ms M Henaghan for defendant DATE OF DECISION: 23 November 2015 DECISION OF TRIBUNAL1 [1] These proceedings under s 50 of the Health and Disability Commissioner Act 1994 were filed on 13 November 2015. 1 [This decision is to be cited as: Director of Proceedings v Radius Residential Care Ltd [2015] NZHRRT 50] 2 [2] Prior to the filing o...

4. Director of Human Rights Proceedings v Valli and Hughes [2014] NZHRRT 58 [pdf, 333 KB]

   ...Centre Mr Valli on 5 November 2012 made a request to the defendants for access to personal information comprising: [4.1] A complete copy of his wage and time records. [4.2] A copy of his IEA. [4.3] A complete copy of his personal and employment files. [4.4] Written reasons why he was no longer employed. [5] Neither Kylie Valli nor Mr Hughes responded to this request nor did they respond to further requests dated 30 November 2012, 24 January 2013, 8 March 2013 and 21 October 2013....

5. McCarthy - Estate of Huia Maria McCarthy (2014) 88 Taitokerau MB 115 (88 TTK 115) [pdf, 532 KB]

   ...to read 104 WH6-7;and (ii) The transfer of shares from Gary Riini Anderson to Huia McCarthy to correct reference 104 WH 4-5 to read 104 WH 8-9; (I) Section 73 of the Act that the said orders are conditional upon the Case Manager from Aotea filing with the Conrt and forwarding to counsel a schedule showing the various interests each of the six children will hold as a result of the above orders by 30 November 2014. For Huia Whiu, the schedule should separately show the interests...

6. [2017] NZEmpC 128 ALA v ITE [pdf, 242 KB]

   ...either party. 6 [14] In early November 2016, ITE sent by email to newly elected members of ALA copies of a submission which he had made under the Protected Disclosures Act 2000 (PD Act), as well as links to videos and an affidavit which he had filed in bankruptcy proceedings brought by ALA in the High Court. [15] In a judgment of 12 April 2017, I concluded that the provision of this material to those members constituted a clear breach of the compliance order. I fined ITE $7,50...

7. [2018] NZEnvC 026 Marlborough District Council v Burkhart Industries Ltd [pdf, 5.3 MB]

   ...party to the respondents' resource consent appeal and the enforcement order proceedings.' [4] On 15 December 2017, RFB notified the court of its concerns regarding the respondents' activities on the beach in a memorandum of counsel filed for the purposes of the appeal proceeding2 That prompted the court to record, in its Minute dated 20 December 2017, a caution to the respondents against actions that could be an abuse of process in regard to their appeal. [5] On 20...

8. Gardiner v Corringe - Tauwhao Te Ngare Block (2008) 93 Tauranga MB 63 (93 T 63) [pdf, 4.7 MB]

   ...$17,312.50 relating to: a) Three months lost rental between 1 September and 1 December 2006 totalling $7,312.50; b) The cost of re-drilling 11 paddocks with perennial rye grass totalling approximately $10,000.00. [5] A statement of defence has been filed, dated 31 January 2008 . At the same time the defendants sought to join John Gardiner as a party to the proceedings on the basis that he was involved in events central to the proceeding and as the defendants' contractor for...

9. Regulatory Impact Statement: Increasing the maximum claim level in Disputes Tribunals [pdf, 537 KB]

   ...way that was unfair and prejudicially affected the result of the case. These limits are set in the Act. 4. Going to the District Court is expensive compared with the Disputes Tribunal – see the table below. Disputes Tribunal District Court Filing fee Claims under $2000: $45 Claims $2000 to $5000: $90 Claims above $5000: $180 200 + other filing fees for other documents Hearing fee Nil $900 per half-day Cost of lawyer Nil, unless hire lawyer for advice befor...

10. [2018] NZEnvC 060 Sabatier v Auckland Council [pdf, 5 MB]

    ...Act. Except as provided in s 320, the provisions of ss 314 to 319 of the Act apply. The principal orders· are orders that are said to be within the scope of s 314(1 )(a)(i) of the Act. Section 1 The application for interim enforcement orders was filed together with an application for substantive enforcement orders (both dated 13 March 2018). A limited undertaking as to damages was given under cover of a letter from lawyers, Churton Hart & Divers Ltd dated 26 April 2018. Counsel for...