Search Results

1. [2014] NZEmpC 21 Vince Roberts Appliance Warehouse Ltd v Carroll [pdf, 63 KB]

   ...the proceeding and reserve costs on the first defendant’s application. The entituling to this judgment will reflect the necessary role changes that are a consequence of this decision. [10] The first defendant will now need to file an amended statement of claim on his cross-challenge setting out his allegations against the plaintiff and the second defendant. Mr Carroll will have 14 days within which to file and serve that amended pleading. The plaintiff and the second defendant...

2. [2025] NZEmpC 59 healthAlliance NZ Limited v Cunningham [pdf, 157 KB]

   ...Judgment: 26 March 2025 INTERLOCUTORY JUDGMENT JUDGE M S KING (Application for urgency) [1] This judgment resolves an application for urgency brought by the plaintiff, healthAlliance NZ Ltd. healthAlliance has filed a statement of claim pursuant to s 140(6) of the Employment Relations Act 2000 (the Act) alleging that the defendant, Garth Cunningham, is in breach of compliance orders. healthAlliance seeks relief in the form of: (a) a stay being granted...

3. JD v RU LCRO 55 / 2011 (22 March 2012) [pdf, 130 KB]

   ...review rests largely on a consideration of the available evidence of what occurred in the Court precincts on the day in question. [13] I met with Mr JD and heard his evidence and submissions on 22 February 2012. Mr JD’s nephew JE, had provided a statement to the Complaints Service in support of Mr JD’s complaint. Neither he or the family friend who accompanied Mr JD on the day were able to attend the review hearing as they live at a distance from Auckland. Mr JD’s partner,...

4. Evaluation of Alcohol and Other Drug Treatment Court pilot [pdf, 1.3 MB]

   ...programme. The Drivers of Crime is a whole of government approach to reducing offending and victimisation, with a particular focus on vulnerable people, including Māori (Ministry of Justice, 2011b). The AODT Court is a key initiative in the Ministry’s Statement of Intent 2013–2016 and is expected to contribute to making communities safer by preventing crime and victimisation (Ministry of Justice, 2013). Section 3 of this report details information on the background, development and...

5. [2013] NZEmpC 156 Edwards v Anderson, Limited [pdf, 56 KB]

   ...by the school’s Limited Statutory Manager who was acting as Mr Edwards’s employer instead of its Board of Trustees. Mr Edwards raised a personal grievance alleging that he had been dismissed unjustifiably and seeking remedies including reinstatement as the school’s Principal. [3] After an investigation meeting conducted on 16 and 17 July 2013, the Employment Relations Authority determined on 31 July 2013 1 that Mr Edwards had been dismissed justifiably. [4] Mr Ed...

6. BORA Public Collections and Solicitations (Disclosure of Payment) Bill [pdf, 293 KB]

   ...The prosecution is not required to prove that the accused intended to commit the offence. The prosecution must only prove that the accused committed the act in question. The accused is then required to prove, on the balance of probabilities, a defence to escape liability. Is this a justified limitation under s 5 of the Bill of Rights Act? 8. In accordance with the guidance provided by the Supreme Court in Hansen v R [3], we have considered whether a departure from section 25(c) can b...

7. [2020] NZEmpC 45 Williams v Rural Livestock Ltd [pdf, 307 KB]

   ...Authority removed the whole of this employment relationship problem to the Court pursuant to s 178 of the Employment Relations Act 2000 (the Act). [2] Consequent on that decision the parties were directed to file pleadings. The plaintiff filed a statement of claim on 6 November 2019 in which he claimed, among other things, not having been paid: (a) his annual bonuses said to be due and owing to him under his employment agreement with the defendant for 2015 and 2016; (b)...

8. [2019] NZEmpC 158 Ward v Concrete Structures (NZ) Ltd [pdf, 196 KB]

   ...respondent in allowing the challenge to proceed; and I am satisfied that the broader interests of justice weigh in favour of the grant of leave. [9] The application for leave for an extension of time to file a challenge is granted. The draft statement of claim is to be treated as if filed on the date of this judgment. The filing fee is to be paid promptly. The respondent will have the usual time for filing and serving any statement of defence. The proceeding should then be refer...

9. [2025] NZEmpC 84 Port of Tauranga v Young [pdf, 174 KB]

   ...2 Commencement of defence by defendant 1.5 $3,585 11 Preparation for first directions conference 0.4 $956 12 Filing memorandum for first or subsequent directions conference x 2 0.8 $1,912 20 Notice to admit facts (preparation of agreed statement of facts) 0.8 $1,912 35 Preparation of briefs of evidence 2.0 $4,780 2 Employment Relations Act 2000, sch 3, cl 19; and Employment Court Regulations 2000, reg 68. 3 “Employment Court of New Zealand Practice Directions” at No...

10. [2011] NZEmpC 9 Naturex Limited v Rogers [pdf, 103 KB]

    ...September 2010 the defendant filed an application for costs. The plaintiff accepts that the Court has a discretion to award costs where there has been a withdrawal of a claim but it submits that in the particular circumstances of this case, where no statement of defence had been filed by the defendant, there should be no award of costs or expenses. [2] The defendant alleges that the discontinuance was an acknowledgement that the challenge should never have been filed and she seek...