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1. Director of Human Rights Proceedings v Schubach [2015] NZHRRT 4 [pdf, 152 KB]

   ...Tribunal reiterated that the question whether an agency can contract out of its obligations under the Privacy Act was an issue to be determined at the substantive hearing on the evidence then put forward by the parties: [4] It is clear from the witness statements filed by the Director that the relevant events occurred in New Zealand while Mr Schubach was living in this country and in his application Mr Schubach admits he had a business in New Zealand up until 30 November 2013. The Direc...

2. [2010] NZEmpC 76 Trans Otway Ltd v Hall [pdf, 38 KB]

   ...expired on 11 January 2010. The applicant took no steps within that time. [5] On 22 January 2010, counsel for the applicant filed a document entitled “Application for leave Regulation 13A Employment Court Regulations 2000” accompanied by a statement of claim. Two orders were sought: a) An order “Granting leave to the Applicant to make an election out of time” which I have treated as an application for an order extending time pursuant to s219 of the Act; or b) “In the a...

3. BIM-Justice-July-2023_FINAL.pdf [pdf, 2.2 MB]

   ...that legislation making these changes would be introduced before the General Election. 33. A Government response to the Petitions Committee report on the Petition of Patricia Fabish and the Sensible Sentencing Group Trust: Stop editing Victim Impact Statements in New Zealand is also due to be tabled in the House no later than 1 September 2023. 34. A paper seeking approval to introduce the Victims of Sexual Violence (Strengthening Legal Protections) Legislation Bill and of the Governmen...

4. FBN v Broadway [2019] NZIACDT 70 (7 October 2019) [pdf, 136 KB]

   ...is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standard may differ in cogency, depending on the gravity of the charges.8 [38] The Tribunal has received from the Registrar the statement of complaint, dated 11 May 2018, with supporting documents. [39] On behalf of Ms Broadway, there is a statement of reply from Mr Laurent, dated 23 May 2018, together with a memorandum from him, dated 30 May 2018. Ms Broadway admi...

5. Otimi v Fa'uhiva - Hauhungaroa 1A3 (Poukura Pā) (2018) 394 Aota MB 182 (394 AOT 182) [pdf, 363 KB]

   ...trustees had an opportunity to file responses to those claims. This includes concerns over the tikanga of Ngāti Parekaawa to be observed on the marae. When the proceedings were set down for hearing I was satisfied, in the absence of any further defences from the trustees, that an inquiry was appropriate. Having now heard from them, and received their submissions, that initial view has only been reinforced. So, the first limb of reg. 21 has been satisfied.

6. [2024] NZEmpC 165 Berryman v Fonterra Coopertive Group Ltd - Interlocutory [pdf, 206 KB]

   ...Auckland confirmed that it had jurisdiction to consider whether an employer has complied with its obligations under the HSWA, particularly where these obligations have been imported into the terms of the employment agreement.14 Mr Berryman in his statement of claim asserts that Fonterra breached its duties under the HSWA, by requiring workers to be vaccinated, or in the alternative by requiring them to undertake daily rapid antigen 12 Four Members of the Armed Forces v Chief of...

7. [2018] NZEmpC 45 Performance Cleaners All Property Services Wellington Ltd v Chinan [pdf, 427 KB]

   ...of Performance Cleaners, Mr Barron, on the other. That required a consideration of some of their personal interactions, including a contracting-out agreement under the Property (Relationships) Act 1976, correspondence and multiple bank statements. This material was relevant to a wide range of causes of action, where in summary a claim for $311,080.48 plus interest was sought by the company from Ms Chinan on the basis that she had made unauthorised wage and holiday payments...

8. [2011] NZEmpC 59 Costley v Waimea Nurseries Ltd [pdf, 80 KB]

   ...opposed. It is common ground that the 28-day period prescribed in s 179(2) of the Employment Relations Act 2000 (the Act) for challenging a determination of the Authority expired on 7 February 2011. Counsel for the plaintiff attempted to file a statement of claim on 8 February 2011 but the Registry correctly rejected the pleadings as being one day out of time. [2] Under s 219 of the Act the Court has a discretion to make orders extending time but there are well established princi...

9. Regulatory Impact Statement December 2009 Legal Aid Review [pdf, 85 KB]

   1 Regulatory Impact Statement Executive summary The review of the legal aid system chaired by Dame Margaret Bazley found that the legal aid system is facing serious challenges which threaten its viability into the future. Demand for legal aid is expected to increase markedly, with implications for expenditure. The review’s 86 recommendations amount to an overhaul of the legal aid system. The issues raised in the report are serious. There has also been a resulting loss of public...

10. [2009] NZEmpC CC 18/09 Grey v Director-General of Conservation [pdf, 34 KB]

    ...document relevance. [2] Susan Grey challenges by hearing de novo the determination of the Employment Relations Authority finding that she was dismissed justifiably from her employment as a solicitor with the Department of Conservation. In her statement of claim, which defines the issues for decision by the Court and, thereby, the relevance of documents, Ms Grey alleges that she was disadvantaged unjustifiably in her employment on 26 August 2008 and, subsequently, dismissed unjustif...