Search Results

1. [2015] NZEmpC 89 Ngawharau v The Porirua Whanau Centre Trust [pdf, 251 KB]

   ...that Mr Ngawharau did, in fact, abandon his employment. The 7 th of June was a Friday. The defendant pleaded that Mr Ngawharau did not show up for work on the following Monday or Tuesday (10 and 11 June 2013). It further pleaded: Positive Defences: The defendant raises the following defences in accordance with regulations 20(1)(b)(ii) and 20(2) of the Regulations: 9. Abandonment … b. … vii. The defendant sent a text to the plaintiff inquiring as to what the pla...

2. [2017] NZEmpC 139 Dean v The Chief Executive of the Ministry for Primary Industries [pdf, 372 KB]

   ...employee the Director General may approve a cash grant in lieu of retiring leave to: • The surviving partner; or • Dependent children; or the estate of a deceased employee. … [10] In the definitions section of the CEA, the following statement was made: For Leave Purposes: Day: Means number of hours an employee normally works each day. … [11] Appendix 2 to the CEA was a document dated 3 May 2013, described as terms of settlement; it took the form of a le...

3. ND & OD v MF [2024] NZDT 32 (2 February 2024) [pdf, 206 KB]

   ...attended. Onus of Proof 7. An applicant bringing a claim in the Tribunal has the onus of proving their claim on the civil standard of proof which is the balance of probabilities (that is, that it is more likely than not). If a respondent raises a defence to a claim, that defence must also be proved to the same standard of proof. When assessing whether the onus of proof has been discharged by a party, the Tribunal considers and evaluates the information and evidence presented by the...

4. Ministry of Justice Annual Report 2020-21 [pdf, 6.4 MB]

   ...legal advice and representation. Consistent with previous years, we administered over 82,000 legal aid applications in 2020/21. We develop justice policy - advising on legislation and supporting our Ministers. We support and manage the Public Defence Service (PDS) – New Zealand’s largest criminal law practice. We carry out criminal conviction history checks. We processed 524,235 requests in 2020/21. We collect fines, reparations, infringements, and civil and legal aid...

5. [2007] NZEmpC WC 21/07 Electrotech Controls Ltd v Rarere [pdf, 45 KB]

   ...plaintiff challenges only the part of the Employment Relations Authority determination about the nature of the employment relationship. It does not seek a full hearing of the entire matter by way of a de novo hearing. The challenge [5] In her statement of defence, the defendant denied some of the plaintiff’s versions of the facts as set out in the statement of claim, asserted her own view of the facts, and raised a cross-challenge about the application of s66 of the Employment...

6. [2012] NZEmpC 24 Butterworth v TBA Communications Ltd [pdf, 148 KB]

   ...application for stay of those orders having been filed). Background [2] The original costs determination of the Authority followed a personal grievance brought by the plaintiff against the defendant, together with an application for interim reinstatement. No issue has been taken with the quantum of that award. 1 [2011] NZERA Auckland 540. 2 [2011] NZERA Auckland 258. No time limit for payment was set by the Authority f...

7. [2015] NZEmpC 168 Lawson v NZ Transport Agency interlocutory [pdf, 103 KB]

   ...Stevens v Hapag-Lloyd (NZ) Ltd [2015] NZEmpC 28 at [92]-[95]. 9 Fagotti v Acme & Co Ltd [2015] NZEmpC 135 at [109]. 10 Du Claire v Palmer HC Wellington CIV-2009-485-2638, 29 October 2010 at [23]. discretion. 11 The plaintiff’s statement of claim was filed on 18 May 2015. The defendant filed a statement of defence on 23 June 2015. The application for security for costs was filed on 8 September 2015. The defendant submits that Mr Lawson’s financial positio...

8. Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 38 [pdf, 76 KB]

   ...willing to issue a consent for that work. Based on the evidence presented we consider it to be more likely than not that the Council would issue a Page | 7 consent for this work if Hitex were willing to provide a warranty or producer statement. [19] Mr Holyoake was asked to give evidence as to whether Hitex would be willing to provide such a warranty. Mr Holyoake accepted that Hitex would give a warranty for targeted repairs. Paul Robertson for the Council, then...

9. [2015] NZEmpC 115 Lever v Dick and Alexander interlocutory [pdf, 177 KB]

   ...as to why the defendants would not be participating in the proceedings and why they regarded themselves as having no liability to the plaintiffs. The letter also contains a gratuitously scurrilous, irrelevant and apparently improperly motivated statement as to Mr Reid’s entitlement to represent the plaintiffs in these proceedings. That matter has been primarily dealt with in a minute of Chief Judge Colgan dated 19 May 2015. [3] It is unfortunate that the defendants have chose...

10. [2018] NZEnvC 028 McIntyre v Canterbury Regional Council [pdf, 2.9 MB]

    ...all parties exchanging evidence. Conferences of expert witnesses were convened on four topics including ground and surface water hydrology; aquatic ecologies and fisheries ; the Overseer model and Plan Change 5. 8 [29] In the jOint witness statement for surface water and ecology the appellants' witnesses record that they were not briefed to consider catchment-wide issues and cumulative effects. The Regional Council did not move to fill the evidential gap, the witnesses st...