Search Results

1. [2023] NZEmpC 93 Halse v Employment Relations Authority [pdf, 196 KB]

   ...to determine whether there are in fact exceptional circumstances. [9] The first submission which Mr Halse seeks to make is that the Employment Relations Authority, as first respondent to the judicial review proceedings, was required to file a statement of defence under s 10 of the Judicial Review Procedure Act 2016. However, this submission is not new, and I already intended to address it in my judgment. Therefore, I decline to accept further submissions on this issue. [10] The...

2. [2013] NZEmpC 194 Harris v TSNZ Pulp & Paper Maintenance Ltd [pdf, 76 KB]

   ...contractual and post-contractual representations made by its representatives including, in respect of alleged oral representations, by its General Manager – Electrical Services, Mr Webster. [3] The plaintiff’s case was set out in a statement of claim. This does not plead expressly the plaintiff’s reliance on oral representations made by Mr Webster before Mr Harris accepted employment with the defendant. The closest that the statement of claim comes to particularising...

3. [2016] NZEmpC 81 Eden Group Ltd v Jackson [pdf, 103 KB]

   ...Finally, the applicant seeks to have returned directly to it the items known as 46(h), (n) and (o), again referencing para 46 of Ms Foster’s affidavit. It submits that these items belong to it and are, respectively, a loose bundle of ASB Bank statements; documents on a Sector One letterhead file which appear to relate to a West Plaza 2015 project; and a file concerning “Royal Oak Mall 2015” which appears to be a Sector One project file. I take the view that they are documents...

4. OT v PI LCRO 101 / 2011 (20 August 2012) [pdf, 67 KB]

   ...Mr PI’s 4 suggestions of possible tax offences by Mr OT, were carefully and moderately framed and not presented as final conclusions. He advised that Mr PI’s suggestions had in fact been treated by Mr OU and the English High Court as statements of fact causing him and his family significant distress. [18] Mr OT is incorrect in his view of the review process. This review is not to be considered in any way a form of appeal from the decision in the previous review. The...

5. [2020] NZEmpC 42 Alkazaz v Enterprise IT Ltd [pdf, 348 KB]

   ...declined the re-opening application, for reasons fully set out in a determination dated 30 September 2019.2 In summary, the Authority found that Mr Alkazaz was seeking to bring fresh personal grievance claims (which he needed to pursue by way of statement of problem in the usual way, rather than re-opening the original investigation); that much of the evidence that he wished to bring before the Authority was not “fresh” or “new”; none of the evidence which Mr Alkazaz wished...

6. [2018] NZEmpC 108 Butterfield v Alliance Group Ltd [pdf, 250 KB]

   ...any evidence by way of affidavit in support of his submissions. [5] Within the time allowed, submissions for Mr Butterfield were filed. No affidavit was provided. Events leading up to the Court hearing [6] Mr Butterfield lodged his statement of problem in the Authority on 21 August 2015. In its determination dated 4 July 2017, the Authority upheld Mr Butterfield’s claim of unjustifiable disadvantage in relation to his not being engaged by Alliance in July 2014 but dis...

7. Introduction to the Weathertight Homes Tribunal [pdf, 549 KB]

   ...http://www.building.govt.nz/resolving-problems/resolution-options/weathertight-services/mediation-to-resolve-your-weathertight-claim/ Experts’ conference An experts’ conference is a meeting between expert witnesses who have filed witness statements or reports. At the meeting, the experts discuss the issues set out in the agenda prepared for the conference by the Tribunal, which is likely to include the defects, the contribution to the damage and the scope and cost of remedia...

8. [2023] NZEmpC 108 MGK Homes Ltd v Yoon [pdf, 221 KB]

   ...initial period of one month from the date of the judgment. (b) If MGK paid the sum of $46,997.40 into court prior to the end of that month, the stay would continue pending further order of the Court. (c) MGK was to file and serve an amended statement of claim as a non-de novo challenge, satisfying s 179(4) of the Act. This was to be done within one month of the date of the judgment. (d) Ms Yoon was to then file and serve a statement of defence to that amended statement of cla...

9. Appendix-4-Additional-submissions.pdf [pdf, 2.8 MB]

   ...six months of 2024 recorded 62 aggravated robberies at service stations – one every three days – and 13,791 instances of theft, mostly drive off fuel theft but also shoplifting from the store. Earlier this year, MTA published its Position Statement and Action Plan to address service station crime. Through our advocacy work and as lead voice in media, MTA represents the service station sector. The material below should be read in conjunction with the Appendix of MTA member co...

10. [2015] NZEmpC 62 Dynamic Meats 2014 v Hodges Allen [pdf, 91 KB]

    ...Regulations 2000 (the Regulations). [23] Regulation 16(2) requires the Authority to serve any document lodged with the Authority on the other party to the proceedings "as soon as practicable after the lodging of that document". The statements of problem were received by the Authority on 15 July 2014. The Authority does not specify in its good faith report the precise date of service but the respondents would have had 14 days after service in which to lodge with the Aut...