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1. Evaluation of Manukau Family Violence Court [pdf, 767 KB]

   ...before they were interviewed. FV Court Judges were interviewed, and 13 interviews were conducted with court staff, Police and Community Probation Service representatives. In addition, 10 interviews were undertaken with programme providers,2 and five defence lawyers. Some of these people were interviewed during the scoping phase and then again during the more detailed evaluative work. Most interviews were conducted face-to-face, and all but seven were taped and transcribed. (See Appen...

2. Taylor v Corrections (Admissibility of Evidence) [2016] NZHRRT 10 [pdf, 72 KB]

   ...implicit paras 1, 2 and 3 are excepted as well. Background – the pleadings [2] Because issues of admissibility are determined by the pleadings it is necessary at the outset to briefly record the parties’ respective cases as set out in their statement of claim and statement of reply. [3] Mr Taylor’s case is that on 5 September 2014 he made a request that Corrections provide access to certain personal information held by Corrections about him. He alleges that when the information...

3. LCRO 95/2019 CM v DL (9 March 2021) [pdf, 285 KB]

   ...been informed that whilst his phone calls were not assisting in advancing matters, he was free to continue to raise any concerns in writing; and (g) Mr CM’s complaint largely concerned the competence of Mr DL in advancing Mr CM’s criminal defence; and (h) the more appropriate forum for Mr CM to advance concerns that Mr DL had failed to provide him with competent representation, was by way of appeal; and (i) the Committee did not consider allegations of a lack of competence t...

4. 2023-10-17-WK-Opening-legal-submissions.pdf [pdf, 604 KB]

   Barristers and Solicitors Wellington Solicitor Acting: David Allen / Thaddeus Ryan Email: david.allen@buddlefindlay.com / thaddeus.ryan@buddlefindlay.com Tel 64 4 462 0423 Fax 64 4 499 4141 PO Box 2694 DX SP20201 Wellington 6011 ENVIRONMENT COURT OF NEW ZEALAND WELLINGTON REGISTRY I MUA I TE KOOTI TAIAO O AOTEAROA TE WHANGANUI-A-TARA ENV-2023-WLG-000005 Under the RESOURCE MANAGEMENT ACT 1991 In the matter of the direct referral of application for resource

5. [2010] NZEmpC 35 Heritage Expeditions Ltd v Fraser [pdf, 34 KB]

   ...[6] It is this determination citing the plaintiff as a party and making orders against it which is the subject of the challenge. In my earlier judgment, I granted an extension of time within which the plaintiff might file that challenge. The statement of claim was duly filed in time and a statement of defence to it was also filed. I then held a telephone conference with the parties on 9 November 2009....

6. [2012] NZEmpC 157 Pottinger and Nine Dot Consulting Ltd and Carew v Kelly Services (NZ) Ltd [pdf, 77 KB]

   ...Zealand Meat Workers Union v AFFCO New Zealand Ltd [2012] NZEmpC 154 at [21]. Reasonable costs [10] The hearing took nearly a full day (concluding at 3.35pm). The costs incurred by the defendant included those relating to consideration of the statement of claim and preparation of a statement of defence, perusal of the plaintiffs’ affidavits and drafting four affidavits in opposition, drafting submissions, and appearances at a telephone conference and at the Court hearing. The...

7. [2018] NZEmpC 92 Ovation v NZ Meat Workers & Related Trades Union [pdf, 295 KB]

   ...realistically, and should not, be incorporated as particulars of a counterclaim. Applicable principles [9] The starting point for determining the adequacy of a pleading is reg 11 of the Regulations which provides relevantly as follows: 11 Statement of claim (1) Every statement of claim filed under regulation 7 or regulation 8 must specify, in consecutively numbered paragraphs,— (a) the general nature of the claim: (b) the facts (but not the evidence of the facts) upon...

8. [2019] NZEmpC 80 Postal Workers Union of Aotearoa Inc v New Zealand Post Ltd [pdf, 240 KB]

   ...application and, in the interests of justice, it should have regard to the evidence heard in the availability dispute. The parties sought, and the Court agreed to, separate hearings [4] On 24 October 2017, the Postal Workers Union filed two separate statements of problem in the Employment Relations Authority (the Authority) covering the overtime dispute and the availability dispute. The Authority determined (with the parties’ agreement) that the two matters should be heard toget...

9. [2021] NZREADT 39 - Lee (29 July 2021) [pdf, 243 KB]

   ...property at 40 A Buckley Road, but did not address the 40 B property. [5] On 4 June 2020, Mr Lee was advised that the investigation concerned the 40 B property, not the property at 40 A Buckley Road. Mr Lee was provided with a file note of a statement by the vendor of the 40 B property, referring to a commission paid to Mr Lee, and asked to comment on the vendor’s statement and to provide copies of the agreement for sale and purchase, the invoice for commission, and any corresp...

10. [2022] NZEmpC 128 Straayer v Employment Relations Authority [pdf, 243 KB]

    ...out, a timetable was established for the filing of affidavits and an agreed bundle of documents. Following discussion with Mr Straayer and Mr Cain, counsel for WorkSafe, I directed that the bundle was to contain communications referred to in the statement of claim and the statement of defence, along with any other agreed documents. Three volumes of documents were filed under that direction. [12] However, it appears that when agreeing the contents of the bundle, Mr Straayer wish...