Search Results

1. [2013] NZEmpC 148 Lewis v JPMprgan Chase Bank NA [pdf, 206 KB]

   ...of this sort but particularly in this case where there are so many preliminary issues, it is essential at the outset to describe the nature and scope of the proceedings from the latest pleadings filed. These are the plaintiff’s second amended statement of claim (dated 18 April 2013) and the defendant’s statement of defence (dated 20 March 2013) to the plaintiff’s first amended statement of claim. [4] Mr Lewis was formerly the Chief Executive Officer (CEO) of the New Zealand b...

2. [2023] NZREADT 7 - CAC 2002 v Sun (6 April 2023) [pdf, 309 KB]

   ...the ASPs prepared for Lots 1, 2 and 15 contained the same material particulars in the GST schedules before each version of the ASPs was signed, in breach of rr 5.1 and 9.9 of the Rules. [25] Ms Sun is defending the charge. THE EVIDENCE [26] Statements of Evidence were filed by the Committee and the following witnesses were called at the hearing before the Tribunal: (a) SE, the purchaser of Lot 3; (b) XZ, the purchaser of Lot 15; (c) BR, the director of PE Ltd; (d) BD, the...

3. [2014] NZEmpC 206 Gapuzan v Pratt & Whitney Air New Zealand Services t/a Christchurch Engine Centre [pdf, 230 KB]

   ...OF JUDGE B A CORKILL Introduction [1] This judgment decides two applications. The first is made by the defendant. The orders it seeks are: (a) That the remedies sought by the plaintiff in paras 55(a), (c) and (d) of his fourth amended statement of claim be dismissed on the basis that these remedies vested in the Official Assignee under s 101 of the Insolvency Act 2006 (IA), and that upon the plaintiff’s bankruptcy the Official Assignee determined that there was no merit...

4. [2012] NZEmpC 220 Matsuoka v LSG Sky Chefs NZ [pdf, 130 KB]

   ...managing directors, and his remuneration package. I reserved these for further consideration, possibly in the context of the plaintiff’s personal grievance. I presume that the proceedings under ARC 23/12 will now be the context in which those defences will be dealt with. However, to preserve the respective positions of the parties in relation to remedies and defences, I record that this judgment will not dispose of the other issues raised in ARC 19/11 so that, if necessary, the...

5. [2010] NZEmpC 75 EBIIWU & Anor v Carter Holt Harvey Ltd & Anor [pdf, 25 KB]

   ...application. [2] On 11 December 2009 the plaintiffs applied for an urgent hearing of their application for an interlocutory injunction restraining the first defendant from dismissing the second plaintiffs who were then its employees. An amended statement of claim was filed a week later on 21 December 2009 including a fresh cause of action and reiterating the plaintiffs’ claim for urgent interlocutory relief in reliance on affidavits filed in support. The Court set down these app...

6. Miscarriage of justice - backgrounder on compensation for wrongful conviction and imprisonment [pdf, 438 KB]

   ...(for example, loss of liberty or emotional harm) – based on a starting figure of $100,000 for each year in custody payments for pecuniary losses following conviction (for example, loss of livelihood and future earnings) a public apology or statement of innocence. Process for determining eligibility and quantum of compensation The process for determining eligibility and quantum of compensation for claims within Cabinet guidelines is set out in the flow chart on page 3. Min...

7. Archived May 2015 - Compensation for wrongful conviction and imprisonment [pdf, 1.5 MB]

   ...(for example, loss of liberty or emotional harm) – based on a starting figure of $100,000 for each year in custody payments for pecuniary losses following conviction (for example, loss of livelihood and future earnings) a public apology or statement of innocence. Process for determining eligibility and quantum of compensation The process for determining eligibility and quantum of compensation for claims within Cabinet guidelines is set out in the flow chart on page 3. Arch...

8. [2021] NZEmpC 232 McDonnell v The Board of Trustees of Te Manawa O Tuhoe Trust [pdf, 183 KB]

   ...Trust as the Board Administrator. She was dismissed by the Trust on 14 May 2021. She lodged proceedings in the Employment Relations Authority for unjustified dismissal. [2] Ms McDonnell unsuccessfully applied to the Authority for interim restatement pending an investigation into her personal grievance, pursuant to s 127 of the Employment Relations Act (the Act).1 [3] Ms McDonnell challenged the Authority’s determination. On 2 December 2021 judgment was given in her favour...

9. Proactive Release-Sentencing Reinstating Three-Strikes Amendment Regulations 2025 [pdf, 195 KB]

   ...Counsel has certified the attached amendment regulations as being in order for submission to Cabinet. Impact Analysis 19 The Ministry for Regulation has determined that this proposal is exempt from the requirement to provide a Regulatory Impact Statement on the grounds that it has been addressed by existing impact analysis [SOU-24-MIN-0030].1 20 The Climate Implications of Policy Assessment (CIPA) team has been consulted and confirms that the CIPA requirements do not apply to this pol...

10. [2025] NZEmpC 127 Maritime Union Of New Zealand and Anor v Lyttelton Port Company Ltd [pdf, 174 KB]

    ...is the relevant standard. Application for leave granted [25] For the reasons outlined, I consider that the interests of justice require the unions’ application for leave to file a challenge out of time to be granted. [26] Accordingly, the statement of claim is accepted for filing. Lyttelton Port Company’s statement of defence is to be filed and served by 4 pm on 7 July 2025. The unions’ challenge will be heard with the challenge brought by Lyttelton Port Company. [27]...