Search Results

1. [2013] NZEmpC 80 Hall v Cleaver [pdf, 44 KB]

   ...former employer, the plaintiff. The Authority ordered 1 the plaintiff to pay the defendant arrears of wages and compensation for distress. The plaintiff challenged the whole of the Authority’s determination and sought a hearing de novo. [2] A statement of defence was filed and an initial telephone conference held. A further conference was scheduled to make arrangements for a hearing but, on the eve of that conference, counsel for the plaintiff filed a notice of discontinuance....

2. [2014] NZEmpC 178 NCF International Ltd v Cardno [pdf, 52 KB]

   ...20 March 2014. Chief Judge Colgan granted leave for Ms Chen to withdraw as counsel and his Honour substituted the plaintiff’s address of service thenceforth as Level 3, 86 Victoria Street, Wellington. [3] The defendants’ duly filed their statements of defence and a notice of opposition in response to the plaintiff’s application for stay of proceedings. [4] The Registrar subsequently made extensive efforts to try and contact the plaintiff or its known Director, Mr Bihua Fu, b...

3. [2016] NZEmpC 76 Harlow v Western Property Management Ltd [pdf, 79 KB]

   ...order against all three respondents. Costs will lie where they fall. [15] If Ms Harlow wishes to continue her actions for penalties both in the proceedings filed in this Court and the proceedings now removed from the Authority, then an amended statement of claim consolidating all actions is to be filed within 14 days. The second respondent (Tony Teague) and third respondent (West Management Ltd) will have 14 days from service of the amended statement of claim to file st...

4. [2021] NZEmpC 204 Ling v Super Cuisine Group Ltd [pdf, 200 KB]

   ...time period for filing a challenge to that determination ended on 12 May 2021.3 No such challenge was filed. Mr Ling’s application for leave to extend time was received on 15 June 2021 – a delay of approximately five weeks. [4] The draft statement of claim accompanying the application seeks to challenge, on a non-de novo basis, the Authority’s finding that Mr Ling was not constructively dismissed. Compensation of $50,000 pursuant to s 123(1)(c)(i) of the Employment Relati...

5. 2016 Ministry of Justice Annual Report [pdf, 2.8 MB]

   ...Court, 58 District Courts, Environment Court, Employment Court, Coroners Court and Māori Land Court. We support 29 tribunals, authorities and committees that help New Zealanders resolve disputes. We dealt with more than 192,000 cases. Our Public Defence Service accepted 16,000 new cases. It’s NZ’s largest criminal law practice. We granted 74,000 Legal Aid applications – helping people who can’t afford a lawyer to get legal advice. Our Collections unit is one of NZ’s larg...

6. KB v DC [2023] NZDT 732 (16 December 2023) [pdf, 146 KB]

   ...buying privately, New Zealand laws such as the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 do not apply. CI0301_CIV_DCDT_Order Page 2 of 4 7. However, when discussions occur between parties prior to a contract being made, statements made and answers to questions given by a seller can be relied on and can amount to a misrepresentation, if they are false. This law is found in section 35 of the Contract and Commercial Law Act 2017 (“CCLA”). This section says a...

7. [2012] NZEmpC 29 Tourism Holdings Limited (trading as CI Munro) v Charlesworth [pdf, 138 KB]

   ...costs, but that it had sought a higher contribution because the defendant had rejected its Calderbank offer. This offer was made more than a month prior to the plaintiff having to incur costs in relation to reviewing the defendant’s witness statements, preparing its own witness statements, preparing for and attending the investigation meeting and preparing its final submissions. The plaintiff therefore sought costs of $15,000 as a contribution towards its costs incurred after the...

8. [2008] NZEmpC WC 17/08 Witcombe v Clerk of the House of Representatives [pdf, 219 KB]

   ...deal with complaints of aggrieved parliamentary employees. It has allowed for these to be remedied in the same or similar ways as for other employees through the Employment Relations Authority or the courts. Section 25 of the CHR Act is a clear statement of Parliament’s intention to this effect, that employment relations’ issues involving parliamentary employers and employees should be dealt with by the judicial branch of Government. I return to these questions in the later p...

9. [2020] NZEnvC 013 Edens v Thames Coromandel District Council [pdf, 23 MB]

   ...(ENV-2016-AKL-119) TAIRUA ENVIRONMENT SOCIETY INCORPORATED (ENV-2016-AKL-131) PIETER DIRK SIELING & KJ SIELING (ENV-2016-AKL-137) ROYAL FOREST & BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2016-AKL-143) ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED (ENV-2016-AKL-147) Appellants THAMES-COROMANDEL COUNCIL Respondent DISTRICT 2 Court: Hearing: Appearances: Date of Decision: Date of Issue: Environment Judge D A Kirkpatrick Environment...

10. [2018] NZEmpC 71 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 347 KB]

    ...it was signed by a person purporting to act for the university who did not possess the required delegated authority. It was, therefore, a nullity. [9] Underpinning Dr Sawyer’s claim that she was coerced, mistaken, or acted under duress were statements that she was frightened by the university and had no alternative other than to sign the settlement agreement. [10] The Vice-Chancellor does not accept that anything improper happened at any time, including in the lead-up to signing...