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1. Auckland Standards Committee 5 v Kang [2018] NZLCDT 6 [pdf, 186 KB]

   ...respondent has admitted the particulars alleged against him. He disputes that he is guilty of professional misconduct. He has admitted that he is guilty of unsatisfactory conduct. [10] The respondent has sworn two affidavits in support of his defence to the charges. The first is dated 6 October 2017. The respondent filed an updating affidavit sworn on 2 March 2018. The essential elements of the respondent’s evidence in defence are: (a) He did not receive adequate training o...

2. [2022] NZEmpC 126 Henderson Travels Ltd v Kaur [pdf, 194 KB]

   ...application for security for future costs; it is not intended to assist a plaintiff. Ms Kaur is not a plaintiff or in the position of a plaintiff because she did not challenge the determination or file a counterclaim. She did, however, raise positive defences and seeks an uplift in the remedies awarded to her by the Authority in two respects. One of them is a request to increase the compensation awarded to her under s 123(1)(c)(i) and the other is for enhanced penalties. [24]...

3. [2024] NZEmpC 85 Pacific Insulation Ltd v Lagera & Anor [pdf, 182 KB]

   ...been required by the order to serve Pacific Insulation with a schedule fully particularising their financial position and identifying all of their assets and their value. [27] I also now direct: (a) Pacific Insulation is to forthwith file its statement of problem in the Employment Relations Authority and serve it on the respondents (if it has not already done so). (b) A copy of this judgment is to be served on the respondents as soon as possible. (c) As Mr Lagera may have...

4. LCRO 20/2019 OT v GA (25 January 2021) [pdf, 171 KB]

   ...had attended a meeting in Mr OT’s office when the oral variation was allegedly agreed. It addressed each in turn. 4 Mr GA had commenced acting for Mr OT in April 2017 and the High Court hearing took place in [month] 2018. 5 JK & ML statement dated 10 August 2018. 6 Standards Committee determination (20 December 2018) at [5.5]. A fifth issue was not relevant to the claim by QRS against Mr OT on which Mr GA was acting and is excluded from consideration in this Review....

5. [2024] NZEmpC 98 Crichton v Dig Tip Earthworks Ltd Anor [pdf, 257 KB]

   ...a breach of the Record of Settlement, for which the remedy under s 149 of the Act is a compliance order. 13 The Act covers mediation and mediated settlements [13] Section 148 of the Act covers confidentiality of mediation, providing that any statement, admission, or document created or made for the purposes of mediation, and any information that, for the purposes of the mediation, is disclosed orally in the course of the mediation, must be kept confidential.14 No evidence is admiss...

6. Rafiq v Commissioner of Police [2012] NZHRRT 13 [pdf, 98 KB]

   ...in pre-hearing teleconferences, insisting that all communications “be done by post only”. This made dialogue difficult. It is to be observed that in his proceedings against the Commissioner of Police Mr Rafiq adopted the same stance. See the statement of claim dated 20 September 2011. [4.2] When by Minute issued on 18 October 2011 (in the proceedings against the Commissioner of Inland Revenue) a direction was made that those proceedings be heard at Auckland on 10 February 2012, Mr...

7. LCRO 181/2017 FW and KP v BG (31 October 2019) [pdf, 173 KB]

   ...contractor.5 (ii) Other documents [20] The Committee observed that other documents, including the warranties specified in the building contract, variation order sheets, and payment claims invoices, were not included in Mr FW’s and Ms KP’s statement of defence among the “documents 4 Ms CP, letter to LCS (10 February 2017); Ms CP, submissions to LCS (19 June 2017). 5 NZIA form, r 4.3.2. 5 required to be provided under the [bu...

8. Sawyer v Victoria University of Wellington (Strike Out) [2024] NZHRRT 9 [pdf, 260 KB]

   ...Investigation from the Privacy Commissioner dated 31 May 2016. The Commissioner’s certificate stated that only IPP 6 was applied. It noted that no interference with Dr Sawyer’s privacy nor adverse consequences for her were found. VUW filed its statement of reply, denying the claim, on 12 September 2016. [8] On 18 November 2016 the Tribunal made orders staying these proceedings. This followed advice from VUW that Dr Sawyer was challenging the validity of the Record of Settlem...

9. [2006] NZEmpC AC 46/06 Caccioppoli v Board of Trustees of Edmund Hillary School [pdf, 14 KB]

   ...the Employment Relations Authority. An application for joinder of the Attorney-General to the proceedings was made. His Honour Judge Couch, on 5 December 2005, made such an order, which was not opposed. [2] The defendants have each filed a statement of defence and there was initially an appearance under protest to jurisdiction by the first named defendant. [3] Following the filing of the documents by the defendants there has been total inaction in the proceedings f...

10. [2014] NZEmpC 193 DMI Homestagers Ltd v Bielawski costs [pdf, 41 KB]

    ...challenge. [6] The defendant seeks costs on the discontinuance. The sum claimed is $830.59 inclusive of GST for legal costs incurred between 11 July 2014 and 5 August 2014. The attendances included advice and drafting of notice of opposition and statement of defence. However, these documents were not able to be filed before the notice of discontinuance. [7] The plaintiff has filed a memorandum in relation to costs on the discontinuance. That memorandum attempts to revisit...