Search Results

1. [2007] NZEmpC AC 50A/07 Service and Food Workers Union Inc & Anor v Spotless Services (NZ) Ltd [pdf, 86 KB]

   ...case that, if either side had taken strike or lockout action per se and as defined above, it would have been lawful. So it is unnecessary to deal with ss83 to 86 that address those elements. [8] Section 87 is also relevant to the defendant’s defence and provides: 87 Suspension of striking employees (1) Where there is a strike, the employer may suspend the employment of an employee who is a party to the strike. (2) Unless sooner revoked by the employer, a suspension under subsec...

2. Minute of the Environment Court (dated 21 June 2017) [pdf, 1.6 MB]

   ...any submissions received, subject to Part 2, the Court must have regard (relevantly) to- (a) any actual and potential effects on the environment of allowing the activity; (b) the relevant provisions of (in this case) national and regional policy statements and of the regional and district plans; and (c) any other matter the consent authority considers relevant and reasonably necessary to determine the application. The court's approach to decision making under ss 104, 1048 and 10...

3. BX v DG & MX [2024] NZDT 378 (26 June 2024) [pdf, 109 KB]

   ...agency of MX. BX considers that the nature of the horse was misrepresented to her, and claims a refund of the purchase price. DG and MX deny liability to make such a refund. [2] The parties set out their respective positions in detailed written statements, which I shall summarise. I have of course read and considered all the material that they provided. [3] BX said that she was, at the time of the purchase, 19 years old, and [the horse] was the first horse that she had owned. She had...

4. Director of Human Rights Proceedings v Katui Early Childhood Learning Centre Ltd [2019] NZHRRT 55 [pdf, 193 KB]

   ...http://www.legislation.govt.nz/act/public/1993/0028/latest/link.aspx?id=DLM297408 http://www.legislation.govt.nz/act/public/1993/0028/latest/link.aspx?id=DLM297436 6 unreliable, often late to work, and had unsatisfactory work habits. While Katui denies these statements were made, it admitted in its statement of reply that Mrs Matthews told Ms Rangiheuea that there were a number of incidents that occurred over the years with regards to Ms Gin-Cowan’s work performance. Mr Matthews gave...

5. OIA-124645.pdf [pdf, 1.6 MB]

   ...RE LE AS ED U ND ER T HE O FF IC IA L IN FO RM AT IO N AC T 19 82 Stakeholder feedback We conducted a survey of legal professionals in June and July 2021. 102 legal professionals answered the three separate surveys. 43 were defence counsel, 33 were judges and 26 were prosecutors. The survey questions included asking legal professionals: • how satisfied they are with the communication assistance service • what they consider the main benefit of the service to...

6. [2012] NZEmpC 113 Butterworth v TBA Communications Ltd [pdf, 54 KB]

   ...preparing for, and attending, the hearing (of $1,650.00) were unreasonable in the circumstances. Rather, they were relatively modest. Nor do I consider that the other costs incurred, including in considering the grounds of challenge, preparing a statement of defence, and preparing an affidavit were unreasonable. [9] I do not accept that the sundry expense referred to (namely gown hire) is properly claimable. [10] Having regard to the nature of the proceedings, the scope of...

7. [2006] NZEmpC CC 14/06 Keys v Flighty Centre (NZ) Ltd [pdf, 23 KB]

   ...That application was granted by consent on 28 July 2005 (file number CRC 19/05), but the challenge was stayed until the release of the full Court’s decision in the Axiom Rolle case. Leave was given to the first defendant to file and serve its statement of defence 30 days after the full Court’s decision in that case In the event, the Axiom Rolle decision determined that the Authority did not have the power to issue Anton Piller orders. [9] In response to the first defendan...

8. [2020] NZEmpC 48 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 337 KB]

   ...Notice of Opposition to applications filed 29 0.6 $2,390 $1,434 7/11/17 - Telephone directions conference 13 0.2 $2,390 $478 22/11/17 - Telephone directions conference regarding stay application 13 0.2 $2,390 $478 28/11/17 - Statement of Defence to challenge to ERA penalties determination 2 1.5 $2,390 $3,585 6/12/17 - Submissions in opposition of application for stay 30 1 $2,390 $2,390 24/10/18 - Notice of Opposition to the application for stay...

9. [2021] NZACC 174 - Crockford v ACC (5 November 2021) [pdf, 420 KB]

   ...business well before my accident and continued to do so during my incapacity. 7. There was effectively little to help her with, as between the staff and herself, all the necessary work was being done. [16] Attached to his affidavit was a statement of expenses including monthly expenses and one-off payments during the 29 months he was in receipt of weekly compensation. These expenses amounted to $53,903.38. [17] On behalf of the respondent there is a further affidavit of Baile...

10. [2011] NZEmpC 22 Bachu v Davie Motors Ltd [pdf, 86 KB]

    ...The plaintiff’s claim was eventually encapsulated in a “2 nd amended statement of claim” filed with the Court on 15 February 2010. That amended statement of claim constitutes the pleadings now before the Court on behalf of the plaintiff. Statements of defence were filed by the defendant to the original statement of claim and the amended statement of claim. There were some interlocutory applications relating to security for costs and stay of the costs determination. The ap...