Search Results

1. [2022] NZEmpC 30 Cousens v Star Nelson Holdings Ltd [pdf, 210 KB]

   ...[10] The company is aware of the two proceedings in the Authority that led to the determinations just referred to as well as this proceeding. It took some limited steps in the Authority although did not turn up at either investigation meeting. The statement of claim in this proceeding was served on the company on 9 November 2021. Another copy of the statement of claim was served on the company’s director, Stuart Dale Biggs, together with a copy of the Authority’s determination...

2. [2011] NZEmpC 100 Liu v South Pacific Timber (1990) Ltd [pdf, 107 KB]

   ...approach should be taken as in the case of applications to strike out proceedings or causes of action within them in first instance proceedings. Such an approach assumes that a plaintiff will be able to prove the allegations of fact made in the statement of claim and examines whether, assuming those facts proved, there is nevertheless no recognised cause of action. This case is, however, not first instance litigation: it is a challenge to a determination of the case advanced on t...

3. [2018] NZLCDT 20 National Standards Committee v Young [pdf, 111 KB]

   ...Complaints Committee 2 of the Wellington District Law Society [2011] 3 NZLR 850. 5 (g) Conducting oneself in an appropriate way before the Tribunal during the course of its hearing and subsequently. [17] Mr Young has provided the Tribunal with statements from grateful clients and supporters attesting to his good character and charitable and generous nature. [18] Mr Young has not been a solicitor for very long, and has no prior disciplinary proceedings. [19] With respect t...

4. [2018] NZEmpC 159 X v The Chief Executive of the Department of Corrections [pdf, 365 KB]

   ...of those fees. [15] The plaintiff acknowledged a settlement offer was made, but disputed the appropriateness of an uplift, because he maintained he was justified in rejecting the offer when it did not address the remedy he sought, which was reinstatement.4 [16] In Bluestar Print Group (NZ) Ltd v Mitchell the Court of Appeal emphasised that a steely approach is required to Calderbank offers.5 They should not be put aside lightly when costs are being considered. In New Zealand Sch...

5. [2023] NZEnvC 032 Crafar v Taupo District Council [pdf, 282 KB]

   ...directed to advise whether or not he will narrow the grounds of his appeal and the issues he intends to raise at any hearing of his appeal, by 10 March 2023. 2 (b) If the appellant does intend to do so, then he is directed to file and serve a statement of amended grounds of appeal and issues to be raised on appeal by the same date, 10 March 2023. (c) If the appellant does file and serve such a statement, the applicant is directed to file and serve a memorandum advising whet...

6. [2022] NZEmpC 197 Hynds Pipe Systems Ltd v Cheng [pdf, 186 KB]

   ...Swarbrick of SBM Legal) who would supervise the carrying out of the orders and report to the Court. There are clauses covering listing material removed from the premises, and for the secure retention of the material. Hynds has provided a draft statement of problem that it intends to file with the Employment Relations Authority (the Authority).1 It also has provided undertakings from Mr Rooney, solicitor for Hynds, and from Mr Moss, chief executive officer on behalf of Hynds a...

7. [2024] NZEmpC 163 LDJ v EZC Costs [pdf, 209 KB]

   ...costs in relation to the Authority’s determination which declined to remove the matter to the Court; that sum being 50 per cent of the Authority’s daily tariff. Disbursements of $224.88 are also sought in relation to the filing fees for the statement of problem and application for removal filed in the Authority. Finally, costs of $250.50 plus GST are sought on the application for costs. [5] In response, counsel for the respondent acknowledged that costs are payable in relatio...

8. Deeming v Whangarei District Council [2015] NZHRRT 55 [pdf, 121 KB]

   ...breached information privacy Principle 11 (personal information not to be disclosed except in certain limited circumstances). [2] The WDC admits Councillor Shelley Deeming sent the complaint to the President of the Mid Western Rugby Club but in its defence relies on exceptions (a) and (d) to Principle 11. [3] Because WDC concedes personal information about Mr Deeming was disclosed it is not intended to recite the evidence at length. The primary issues in this case are whether WDC ha...

9. Proactive Release – Amendments to the Criminal Cases Review Commission Bill [pdf, 1.5 MB]

   ...require disclosure of information protected by clause 37 on limited grounds is in keeping with the policy intent of the Bill while adequately protecting the rights and interests protected by that provision. Amending the exemptions from preparing statements of intent and performance expectations 35 Clauses 43 and 44 of the Bill currently exempt the CCRC from preparing a statement of intent and statement of performance expectations. However, Justice officials have identified...

10. [2007] NZEmpC AC 24/07 Jeffries v Adis International Ltd [pdf, 47 KB]

    ...challenge to the Authority’s costs determination as well as the defendant’s claim for a contribution towards its costs in the Court. The challenge to the costs award in the Employment Relations Authority [3] The plaintiff in her amended statement of claim challenged the $3,000 costs award made against her by the Authority for a hearing that took 1 day. The plaintiff submitted that the costs award was in the upper level of the notional daily rate relied on by the Auth...