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1. Bamber v Monschau - Tahorakuri A No 1 Sec 33A 2 (2019) 218 Waiariki MB 292 (218 WAR 292) [pdf, 415 KB]

   ...judicial conference for the purpose of timetabling. A judicial conference was then held on 6 April 2018.8 As no supporting documentation or evidence had been filed with the application, I allowed Aaron Bamber a month to file a more particularised statement of claim together with briefs of evidence. The majority trustees were then to have a month to file their reply and briefs of evidence, following which the matter would be set down for hearing. At the conclusion of the judicial...

2. [2011] NZEmpC 143 NZ Meat Workers & Related Trades Union Inc v CMP Rangitikei Ltd [pdf, 113 KB]

   ...and the lawfulness of the lockouts. It has been brought on for hearing urgently and evidence on affidavit alone has been considered by the Court. There has been no opportunity for any of the usual elements of a trial including the filing of a statement of defence, disclosure of the relevant documents between parties, cross- examination of witnesses, or considered legal submissions. This judgment determines only what is to happen about the lockouts until the substantive proceedin...

3. [2010] NZEmpC 12 NZ Tramways & Public Passengers Transport Employees' Union Inc v Wellington City Transport Limited [pdf, 48 KB]

   ...defends” “any charges brought against them”, I find there must be a charge, that is a prosecution brought by police or other competent prosecutorial authority by information in the District Court. I conclude, also, that successful defence of any such charge is not limited to a ‘not guilty’ finding by a court. Withdrawal of a charge after it has been laid is a successful outcome to that charge from a defendant’s point of view. Defending a charge, particularly...

4. ENVC speech Arbitrators Mediators Institute 2013 [pdf, 189 KB]

   ...the Environment Court can be made (on a point of a law only) to the High Court. Most of the Court's work involves issues arising under the Resource Management Act, largely dealing with appeals about the contents of regional and district statements and plans; and appeals arising out of applications for resource consent. The consents applied for may be for a land use, for a subdivision, a coastal permit, a water permit, a discharge permit, or a combination of these. The Court i...

5. [2019] NZEmpC 75 Horizon Concepts Ltd v Hayward [pdf, 435 KB]

   ...the benefit of hindsight, the participants may now regret. [11] Everything came to a head in that confrontation where Mr Hayward and Mr Wood were, possibly, reluctant observers and eventual participants. When the parties went their own ways, statements were made by Mr Wood, and Mr Hayward, that are capable of being interpreted as ending their working relationship. Mr Hayward did not return to work afterwards except briefly the following day when he tidied the office and remove...

6. IQ & WK v HK [2024] NZDT 134 (10 April 2024) [pdf, 222 KB]

   ...where each owner holds an undivided share without any exclusive possession of any parts of the property. There is no question that this was the basis on which the house was owned. The evidence of this is the lawyer’s file notes and a written statement in which HK gifted $100,000 to IQ. This also informs a presumption that costs will be shared. 16. I find that there was an agreed position that the parties would pay even shares for the mortgage payments, rates and outgoings (the Con...

7. [2010] NZEmpC 95 Musa v Whanganui DHB & Anor [pdf, 21 KB]

   ...claims for penalties for breach of a settlement agreement and for breach of his employment contract are still for hearing against the second defendant who is and was at all material times a member of the Board. [3] As the current statements of claim and defence between these two parties now stand, there are three causes of action. The first is for a penalty under s 134 of the Employment Relations Act 2000. This claim relates to the time when Mr Musa was still employe...

8. [2015] NZEmpC 132 Waterford Holdings Ltd v Morunga [pdf, 197 KB]

   ...required. That resulted in Mr Morunga contacting the Court following which a telephone directions conference was held in which he participated. In the course of that conference, directions for the hearing were given, including a direction that a statement of defence should be filed and served; and a date of hearing was also fixed. Subsequently a minute which recorded the Court’s directions and a formal notice of hearing were provided to Mr Morunga. Ultimately Mr Morunga advise...

9. Holmes v Housing New Zealand Corporation [2015] NZHRRT 36 [pdf, 185 KB]

   ...his dealings with officialdom are clearly documented, including the obtaining of a confirmation of receipt for all documents supplied by him. [24.6] When cross-examined, no flaws or weaknesses in Mr Holmes evidence were uncovered. [24.7] The “defence” based on the absence from the HNZ Client Activity record of the events spoken of by Mr Holmes is of no significance. The record is admittedly incomplete in material respects. Specifically it makes no mention of the significant letter...

10. [2007] NZEmpC WC 28/07 PPCS Ltd v Vakapuna [pdf, 11 KB]

    ...JUDGE C M SHAW [1] In a determination dated 21 November 2007 (WA 154/07), the Employment Relations Authority ordered that Mr Vakapuna be reinstated to his previous position or a position not less advantageous. The plaintiff opposes the reinstatement and has filed a challenge to that determination. It has also applied for a stay of the reinstatement order and in addition has made an application for urgency and abridgement of time for filing a statement of defence. The defendant...