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1. EMPC Dinner speech Labour Law Society Conference [pdf, 165 KB]

   ...I really have had a stroke of genius. A Google search disappointed me. The Law Society Gazette (of the UK) of 18 October 2013 contains a headline: “LEGAL CREEP THREATENS TO PARALYSE MILITARY, SAYS THINK TANK”. Apparently, the Ministry of Defence in the UK is about to be paralysed by a sustained legal assault which could have catastrophic consequences for the safety of the nation. The costs of litigation against the British armed forces are now said to have risen out of all pr...

2. [2019] NZEnvC 063 Ohau Protection Society Incorporated v Waitaki District Council [pdf, 3.1 MB]

   ...dated 8 February 2019, at [16]. Reply by Ohau Protection Society Inc, dated 6 March 2019, at [9]. Reply by Ohau Protection Society Inc, dated 6 March 2019, at [2]. Reply by Ohau Protection Society Inc, dated 6 March 2019, at [3]. Environmental Defence Society Inc v The New Zealand King Salmon Company Limited [2014] NZSC 167 at [12] and [18]. 4 Otherwise the risk of costs could impede access to justice and the representation of the public interest; (d) OPS presented a reasonab...

3. Jury-Trials-Timeliness-cabinet-material_FINAL.pdf [pdf, 399 KB]

   ...Decisions sought in this Cabinet paper do not have legislative implications. When final policy decisions are made by Cabinet, I anticipate a bill will be required to implement any proposals Cabinet chooses to progress. Impact Analysis Regulatory Impact Statement 45 An interim Regulatory Impact Statement (RIS) has been prepared for the purposes of public consultation on the proposal to increase the jury trial threshold, according to Ministry for Regulation guidance. The RIS is attached to...

4. [2023] NZEmpC 153 Joyce v Ultimate Siteworks Ltd [pdf, 213 KB]

   ...an unjustifiable disadvantage grievance be struck out, and that the issues be confined to a rehearing of the unjustifiable dismissal claim that was before the Authority. [22] Ultimate Siteworks refers to the relief sought in the second amended statement of claim and, in particular, to the order sought in paragraph 21 that reads, in full: 21. That the plaintiff has a personal grievance for unjustifiable dismissal (actual or constructive) in terms of s 103(1)(a) or, in the alternative...

5. LA Terms of Reference - quality and value audits [pdf, 531 KB]

   ...dispute resolution and options following the outcome of the case. PS 4.5 Advise the client of relevant aspects of the matter, including the material evidence, risks, costs, liability and merits of settlement. PS 14.2 Advise the client as to relevant defences in the light of witness statements. On receipt of the prosecution’s briefs of evidence, the lawyer must discuss the briefs with the client. PS 8.1 Encourage the client to resolve the matter where appropriate. This will be in most ca...

6. Quality and Value Audit Terms of Reference 2018 [pdf, 560 KB]

   ...dispute resolution and options following the outcome of the case. PS 4.5 Advise the client of relevant aspects of the matter, including the material evidence, risks, costs, liability and merits of settlement. PS 14.2 Advise the client as to relevant defences in the light of witness statements. On receipt of the prosecution’s briefs of evidence, the lawyer must discuss the briefs with the client. PS 8.1 Encourage the client to resolve the matter where appropriate. This will be in most ca...

7. [2020] NZEmpC 222 Flashoff v New Zealand Technology Group Hawkes Bay Ltd [pdf, 311 KB]

   ...their own property. NZTG strongly contests this, asserting that those assets had become their property under the various arrangements entered into by the parties. Procedural history [8] Soon after, on 10 September 2020, NZTG filed a statement of problem in the Authority asserting that the first to fourth respondents had breached their individual employment agreements (IEAs) in multiple respects; a range of declarations and orders including damages and penalties were sou...

8. Elhassan v Webby [2022] NZHRRT 27 [pdf, 313 KB]

   ...Elhassan seeks are a declaration, a training order, damages of $400 for pecuniary loss (for his unpaid bond) and damages of $45,000 for humiliation, loss of dignity and injury to feelings. [20] Ms Webby denies the claim. In her amended reply (statement of defence) filed on 16 July 2018 she denies she breached either HRA, s 63 or s 53. She says HRA, s 53 cannot apply because the exception to it in HRA, s 54 applies as she and Mr Elhassan were sharing residential accommodation....

9. [2019] NZEmpC 67 Hokotehi Maori Trust v Prater [pdf, 379 KB]

   ...there was an unsafe workplace, out of time. 6 At [32] and [33]. 7 At [25] and [29]. 8 At [36]. 9 At [37] and [38]. [25] Mr Prater, continuing to be self-represented, filed two statements of defence, both of which, in essence, contest these assertions. [26] The focus of the Trust’s case was directed to the finding made by the Authority as to Mr Prater’s state of mind at the time the personal grievance was raised...

10. File other applications

    ...and which involve the same or similar or related issues. If your matter is removed the Court will hear and determine the matter without the Authority investigating it. The registry staff will advise you if the matter is removed and ask you to file a statement of claim and defence within a period of time set by the court. Back to top Referral of questions of law to the Employment Court If a question of law arises during an investigation the Authority may refer that question to the Court for its...

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