Search Results

1. [2018] NZEmpC 135 Solid Roofing Ltd v Newman [pdf, 232 KB]

   ...challenge has been lodged to that determination and the time has expired for the plaintiff to file such a challenge. [3] Following the earlier interlocutory judgment dealing with the good faith report, the defendant was directed to file and serve a statement of defence to the substantive challenge on or before 4 pm on 26 October 2018 and has done so. Timetabling was set for the filing and service of submissions in support of the application for stay, in support of the notice of o...

2. Civil Proceedings Steps March 2017 [pdf, 826 KB]

   ...interpreter if required)  Lodging notice of appeal with the Immigration and Protection Tribunal  Examining a copy of the Immigration Service file  Arranging a fixture and lodging the memorandum  Preparing for appeal, including statement(s), submissions and supporting material Provider did not appear for applicant in refugee and protected person application up to 18 hours Documentation Requirements  A new application on Application for Civil Legal...

3. BORA Therapeutic Products and Medicines Bill [pdf, 341 KB]

   ...proceedings must prove, beyond reasonable doubt, that the defendant is guilty. Reverse onus offences and presumptions give rise to an issue of inconsistency with section 25(c) because the defendant is required to prove (on the balance of probabilities) the defence or disprove a presumption to escape liability; whereas in other criminal proceedings a defendant must merely raise a defence in an effort to create reasonable doubt. Where a defendant is unable to prove the defence (or disprove...

4. [2017] NZEmpC 13 Lewis v Immigration Guru Ltd [pdf, 105 KB]

   ...Guru Ltd, (Immigration Guru) opposes the application. In support of the application by Ms Lewis is an affidavit from her husband, James Lewis, who is also acting as her advocate in this matter. In addition to that, the Court has a copy of the statement of claim which Ms Lewis will file if she is granted leave to do so. Attached to the proposed statement of claim is a copy of the Authority’s determination. [4] In his affidavit Mr Lewis explains that he miscalculated the time f...

5. 2015 to 2019 Ministry of Justice statement of intent [pdf, 952 KB]

   E.64 SOI (2015) Statement of intent 2015–2019 Ministry of Justice DRAFT 2 DRAFT 3 Contents Introduction from the Minister of Justice .................................................................................................. 4 Introduction from the Chief Executive ...................................................................................................... 6 Our story..................................................................

6. [2009] NZEmpC CC 12/09 Service & Food Workers Union v Sanford Ltd [pdf, 65 KB]

   ...[sic] Sanfords’ view of it. [2] The plaintiff is pursuing this matter as a dispute under s129 of the Employment Relations Act 2000. The defendant recently sought leave and, at the commencement of the hearing obtained leave, to file an amended statement of defence. It pleaded, for the first time, that if the Court did not accept the defendant’s interpretation of the collective agreement the plaintiff and the defendant were each mistaken as to the same matter of fact. This wa...

7. [2022] NZEmpC 120 Smiths City (Southern) Ltd (in receivership) v Claxton [pdf, 273 KB]

   ...and there was no investigation meeting.29 She drew attention to the Authority’s tariff of $4,500 for the first day and $3,500 for any subsequent day. [71] Little detail was provided about the steps taken in the Authority aside from filing a statement of problem and attendance at a conference. While the absence of 29 Relying on cases such as PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC). that information makes assessment difficult, I consider...

8. [2013] NZEmpC 192 Gupta v Infosys Technologies (Australia) Pty Ltd [pdf, 113 KB]

   ...IN THE EMPLOYMENT COURT WELLINGTON [2013] NZEmpC 192 WRC 35/12 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application for an order striking out amended statement of claim BETWEEN NEEL GUPTA Plaintiff AND INFOSYS TECHNOLOGIES (AUSTRALIA) PTY LIMITED Defendant Hearing: (by memorandum filed on 25 September 2013 and 9 October 2013) Representation: Gregory...

9. [2013] NZEmpC 1 Gini v Literacy Training Ltd [pdf, 152 KB]

   ...proceeding. Chief Judge Colgan then issued a minute confirming that the challenge would be regarded by the Court as a non de novo challenge in terms of s 179 of the Employment Relations Act 2000 (the Act). On 9 December 2011, Ms Gini filed a statement of defence which included a cross-challenge seeking, inter alia, an increase in the quantum of the Authority’s awards for both her economic and non-economic loss. [4] The matter was then referred to mediation. On 30 April 2012, t...

10. Karena v Steedman - Te Koau A (2019) 76 Tākitimu MB 183 (76 TKT 183) [pdf, 484 KB]

    ...action, defence, or case appropriate to the nature of the pleading; or (b) is likely to cause prejudice or delay; or (c) is frivolous or vexatious; or (d) is otherwise an abuse of the process of the court. (2) If the court strikes out a statement of claim or a counterclaim under subclause (1), it may by the same or a subsequent order dismiss the proceeding or the counterclaim. (3) Instead of striking out all or part of a pleading under subclause (1), the court may stay al...