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1. [2012] NZEmpC 140 French v Accident Compensation Corporation [pdf, 133 KB]

   ...allegations. [4] The proceeding to resolve these claims was originally set down for hearing on 5-7 October 2011. The plaintiff filed an application for the adjournment of that hearing on 23 September 2011. The grounds advanced were that an amended statement of problem had been filed in the Employment Relations Authority along with an application to remove the new matters raised to the Court. Judge Couch granted the adjournment, 1 accepting that there was an obvious logic in the...

2. AB v ZY LCRO 54 / 2010 (27 January 2011) [pdf, 84 KB]

   ...position of the DIMH or whether or not there were or are any protocols or directions given by the Ministry concerning an inspector dealing in any other capacity with persons in respect of whom they have been appointed as an inspector. [47] Given the statements made however by the Applicant, as set out in paragraph [45] above, it does follow that a solicitor who is also acting as the DIMH, would have an undue influence over a person in respect of whom they had been appointed as an

3. Body Corporate 199883 & Ors (Ridgeview Apartments) v Clarke [2010] NZWHT Auckland 22 [pdf, 216 KB]

   ...................................................................................................... 6 PRIMARY ISSUE – THE LIABILITY OF MR CLARKE ................................. 12 CAUSATION AND QUANTUM .................................................................... 23 LIMITATION DEFENCE ............................................................................... 25 REFERRAL TO THE HIGH COURT AND THE ABUSE OF PROCESS DEFENCE ....................................................

4. Wall v Karaitiana - Tauhara Middle 15 Trust (2008) 88 Taupo 63 (88 TPO 62) [pdf, 2.7 MB]

   ...of the owners, their whanau and hapii is not lost on the COtllt either. But in the careful balancing required, given the advers.e findings that have been made, and in the absence of a tenable defence, any application by the former trustees for reinstatement at this juncture is, with respect, not sustainable when section 222 of the Act is considered. That is not to say that they are ineligible for all time, but that at this point it would be inappropriate to reappoint these individuals...

5. E71 Keith Ingram - EIC - Tug William C Daldy [pdf, 3.5 MB]

   ...even though we have held a ‘Heads of Agreement’ to occupy our current berth on Hobson West wharf since August 2012. Clearly with our past involvement as a large spectator vessel in both the Louis Vuitton and America’s Cup challengers and defences, the Society supports the America’s Cup sailing events and looks forward to once again being a part of these. Likewise the Society wants to see Auckland’s waterfront grow as a peoples place while still retaining the commercial port...

6. [2025] NZEmpC 212 Kamo Landscape & Quarry Supplies Limited v Caswell [pdf, 257 KB]

   ...Higgs [2020] NZEmpC 76 at [6]. [24] However, Mr Caswell’s position is understandable, given that a significant amount of the orders in his favour are for wages owing. There is therefore an equally legitimate concern as to whether his defence of the challenge will be ineffectual if the stay is granted on the terms currently sought. Was the challenge brought for good reasons, and is it being pursued in good faith? [25] Mr Caswell suggests that the purpose of the challenge...

7. LS v MIS [2021] CEIT-2020-0024 [pdf, 387 KB]

   ...those who have not been involved for a number of years, against the need for evidence to be relevant and reliable. [46] Consequently, I use s 19 of the Evidence Act 2006 as a guide to how this matter can be approached. Section 19 allows hearsay statements contained in a business record to be admissible if: (a) the author is unavailable; (b) their recollections would not be useful because of the time which has passed since the record was created; or (c) there would be undue ex...

8. [2014] NZEmpC 159 Franix Construction Ltd v Tozer [pdf, 146 KB]

   ...by hearing de novo. Employment Relations Authority evidence [2] The parties sought to rely repeatedly and very fully on evidence that witnesses had given to the Authority. This was in an effort to identify contradictions between those earlier statements of evidence given in the Authority and evidence which was presented in the case before me. 1 Tozer v Franix Construction Limited [2014] NZERA Auckland 265. [3] The best, in...

9. International Covenant on Civil and Political Rights - 5th report [pdf, 386 KB]

   GE.08-40566 (E) 010908 UNITED NATIONS CCPR International covenant on civil and political rights Distr. GENERAL CCPR/C/NZL/5 18 February 2008 Original: ENGLISH HUMAN RIGHTS COMMITTEE CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT Fifth periodic reports of States parties NEW ZEALAND∗ [24 December 2007] ∗ In accordance with the information transmitted to States

10. [2013] NZEmpC 133 2013 Dolev v Netafim Australia Pty Ltd [pdf, 186 KB]

    ...novo. The pleadings consist of an amended statement of claim dated 13 July 2012. The defendant filed a statement of 1 [2012] NZERA Christchurch 65. 2 [2012] NZERA Christchurch 165. defence dated 10 July 2012 to an earlier amended statement of claim. That appears to have been treated as the defendant’s pleadings to the later filed document. [8] No formal challenge has been filed to the later determination on costs....