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1. OIA-119801.pdf [pdf, 4.9 MB]

   ...determined that it does not outweigh the need to withhold the information at this time. In regard to your request for feedback provided to the Ministry by New Zealand Police and Oranga Tamariki, I note that the Cabinet paper Amendments to arrest and defence of property provisions in the Crimes Act, which discusses citizen’s arrest policy changes, will be proactively released. This part of your request is therefore refused under section 18(d) of the Act as the information will soon be...

2. [2021] NZEmpC 11 Coetzee v Oamaru Meats Ltd [pdf, 145 KB]

   ...extend time) [1] Vernon Coetzee has challenged the Employment Relations Authority’s substantive and subsequent costs determinations relating to his employment relationship problem with Oamaru Meats Ltd.1 [2] While Oamaru Meats filed a statement of defence to the substantive determination it overlooked filing one in response to the statement of claim challenging the costs determination. 1 Coetzee v Oamaru Meats Ltd [2020]...

3. [2016] NZEmpC 11 Titoki Securities Trust v Wallace costs [pdf, 99 KB]

   ...letter to Ms Wallace, the Trust’s lawyers said: As it may prove not to be necessary for the Employment Court to deal with this matter, we would not oppose any application by you to the Employment Court for an extension of time for you to file a Statement of Defence, pending advice from the Authority as to whether it has agreed to reopen its investigation in respect of the costs issue. Such an extension of time would mean that you would not need to take any steps in relation to the...

4. [2012] NZEmpC 57 Foai v Air New Zealand Ltd [pdf, 265 KB]

   ...not, at this point in time, dispute the overpayment but he maintains that he received his wages in good faith and that he altered his position in reliance on the validity of the wages he was paid. He, therefore, seeks to rely upon the equitable defence of change of position and the statutory defence under s 94B of the Judicature Act 1908 in support of his contention that the defendant is not entitled to recover the overpayment of wages. [2] Mr Foai’s employment with Air New Ze...

5. UC v OX LCRO 179-180 / 2011 (11 March 2013) [pdf, 139 KB]

   ...2010-404-2050, 25 November 2010. 2 welfare purposes. [UC] considered that [OX] had been using the trust to advance his own interests. [18] She in turn formed a competitor Trust. It maintained a website upon which [UC] published certain statements defamatory of [OX]. There were other defamatory comments in e-mails sent to a wide variety of recipients, including those involved in local government, board members of the [CCP] Trust (of which [UC] had formerly been a trustee)...

6. EMPC Form 1 - Statement of claim regarding an ERA determination [doc, 49 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 Section 179, Employment Relations Act 2000 Election 1 I, the plaintiff, by filing this statement of claim, elect to have the Employment Court at …………………………………………….. [place] hear a matter dealt w...

7. BORA Financial Markets (Regulators and KiwiSaver) Bill [pdf, 356 KB]

   ...provisions of the Bill from a Bill of Rights Act perspective include: • general information-gathering and enforcement powers • powers to compel and suppress certain information • powers to act on requests of overseas regulators • statutory defences for certain offences Where a provision is found to limit a particular right or freedom, it may nevertheless be consistent with the Bill of Rights Act if it can be considered a reasonable limit that is justifiable in terms of s 5...

8. [2011] NZEmpC 39 NZ Defence Force v PSA [pdf, 92 KB]

   THE CHIEF OF THE NEW ZEALAND DEFENCE FORCE V THE NEW ZEALAND PUBLIC SERVICE ASSOCIATION INCORPORATED NZEmpC WN [2011] NZEmpC39 [20 April 2011] IN THE EMPLOYMENT COURT WELLINGTON [2011] NZEmpC39 WRC 37/10 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN THE CHIEF OF THE NEW ZEALAND DEFENCE FORCE Plaintiff AND THE NEW ZEALAND PUBLIC SERVICE ASSOCIATION INCORPORATED Defendant Hearing: 25 March 2011...

9. [2015] NZEmpC 163 Bay of Plenty DHB v Cliff [pdf, 74 KB]

   ...2 Rather an application to extend time is required. In that case Judge Couch was prepared to treat the application as one seeking an order of the Court pursuant to s 219 of the Employment Relations Act 2000, extending the time for filing a statement of claim necessary to commence a challenge. I approach the present application in the same way. 1 Cliff v The Bay Of Plenty District Health Board [2015] NZERA Auckland 168. 2...

10. [2016] NZEmpC 27 Henderson v Nelson Marlborough DHB [pdf, 109 KB]

    ...22 March 2016 INTERLOCUTORY JUDGMENT OF JUDGE B A CORKILL Introduction [1] This interlocutory judgment resolves costs applications which each party has brought against the other, with regard to an issue concerning service of the statement of claim in this proceeding. [2] The background is that the Employment Relations Authority (the Authority) issued a determination on 3 November 2015. 1 [3] On 1 December 2015, on behalf of Ms Robyn Henderson, Ms Sharma filed a...