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1. You have been charged with a category 2 or 3 offence and a High Court has made an order that you be tried in the High Court

   ...guilty or not guilty to each charge. (6) Judge’s opening remarks At the beginning of a trial, the judge will typically make opening remarks to the jury. (7) Crown opening statement The prosecutor will then open the Crown case to the jury. (8) Optional defence opening remarks Following the prosecutor’s opening statement, you may also wish to make a brief statement to the jury. This statement should briefly explain the nature of your defence and outline the issues which you say will arise in...

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2. [2012] NZEmpC 79 Premier Events Group Ltd v Beattie [pdf, 248 KB]

   ...conjunction with it. Not all of the issues determined by that oral interlocutory judgment require elaborate reasoning including, in particular, the orders and directions refused and given at [10] and following of that judgment. Strike-out of affirmative defence/set off (personal grievance) [2] The first issue for determination at the start of the trial was whether one of Mr Regan’s defences to BA Partners Limited’s claim against him should be struck out. That positive defence...

3. EMPC Form 4 - Example statement of defence [pdf, 401 KB]

   ...Example Street Central City Wellington Second Defendant http://www.legislation.govt.nz/regulation/public/2000/0250/latest/link.aspx?id=DLM2034754#DLM2034754 To the plaintiff And to the Registrar of the Employment Court Statement of defence 1. I, Joe Bloggs, am the first defendant and managing director of the second defendant in this matter. 2. I deny that the plaintiff, Jane Smith, was unfairly dismissed. 3. I address the particulars raised by the p...

4. Employment Court Practice Directions [pdf, 492 KB]

   ...freezing orders .................................................................................................. 9 9. Amended pleadings generally ........................................................................................... 10 10. Statements of defence to amended statements of claim .................................................... 11 11. Amended challenges incorporating costs determinations ................................................. 12 12. Full Courts ...........

5. EMPC Form 1AA - Challenge the dismissal of frivolous or vexatious proceedings [doc, 55 KB]

   r 6A Form 1AA Statement of claim: challenge in respect of dismissal of frivolous or vexatious proceedings Section 178A, Employment Relations Act 2000 In the Employment Court No: / (Auckland, Wellington or Christchurch* Registry (the reference number allocated by *Corresponds to the ERA registry) the registry, i.e. EMPC/) Election to have matter heard in the Employment Court Between ………………………………………. [full name] of ………………...

6. [2015] NZEmpC 101 Georgetti v Compass Communications Ltd [pdf, 89 KB]

   ...[3] The company was dissatisfied with the Authority’s determination and filed a challenge on 19 January 2015. A non de novo hearing was sought, essentially focused on the Authority’s finding that a bonus was payable to the applicant. A statement of defence to the respondent’s statement of claim was filed within the timeframe for doing so. It expressly referred to an intention to file an application for leave to challenge the Authority’s determination. [4] An applicatio...

7. Statement of defence and counterclaim template [doc, 28 KB]

   ...one plaintiff list them separately as 2nd plaintiff, 3rd plaintiff etc) And [full name, place of residence, occupation] Defendant, Counterclaim Plaintiff (Note: if more than one defendant list them separately as 2nd plaintiff, 3rd plaintiff etc) Statement of Defence and Counterclaim Filed by: [Defendant’s name and address for service] The Defendant Says: (Note: if more than one defendant specify which defendant – for example, 1st defendant, 2nd defendant) [Here respond separately to...

8. [2025] NZEmpC 98 The Chief Executive of Oranga Tamariki - Ministry for Children v Hill [pdf, 246 KB]

   ...specifically, whether the Authority: (i) correctly applied reg 22 to Oranga Tamariki’s operations in youth justice facilities; (ii) adequately considered reg 22 in its assessment of whether the defendant’s actions might have been justified in self-defence; (iii) erred in finding that Ms Hill’s psychological state may have justified the use of force under reg 22 and the “Working with tamariki and rangatahi in residences” policy; (iv) erred in distinguishing or applyin...

9. EMPC Form 2 - Statement of claim commence action [doc, 42 KB]

   ...defendant, 3rd defendant etc) [Note please: the names of the parties should coincide with the names written on the determination of the Employment Relations Authority that is challenged] To the defendant And to the Registrar of the Employment Court Statement of claim 1 I, the plaintiff, by filing this statement of claim, am commencing in the Employment Court at ………………………………………. [place] an action against you in which I seek from the Employment Court [specify the...

10. [2010] NZEmpC 96 Neill v Schmidt & Paul & Anor [pdf, 25 KB]

    ...1 AA216/10, 7 May 2010. [2] The first issue is that Mrs Neill applies to join Ferenc Schmidt and Rachel Paul as parties to the challenge. Mr Schmidt and Ms Paul were named as original parties in Mrs Neill’s statement of problem in the Authority and she tells me that when she attempted to file a challenge in this Court naming them as parties, the Registry would not accept that, perhaps understandably, because the Authority’s determination only n...