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1. [2015] NZEmpC 37 Gapuzan v Pratt Whitney Air NZ [pdf, 157 KB]

   ...Engine Centre v Gapuzan [2014] NZERA Christchurch 115. a) The Official Assignee was correct with regard to conclusions he had reached as to the vesting of property in respect of certain rights pleaded by Mr Gapuzan in his fourth amended statement of claim. I held that those rights of action vested in Mr Gapuzan’s estate upon his bankruptcy; and that since the Official Assignee had determined he would not pursue those claims, they were dismissed. b) I was satisfied th...

2. INZ (Foley) v Niland [2019] NZIACDT 16 (19 March 2019) [pdf, 126 KB]

   ...overlooked that the agreement was entirely unsuited to her needs and those of her clients. All the resulting code breaches were incidents of that negligence. [26] I have taken into account the personal circumstances of Ms Niland outlined in her statement of 12 February 2018. They are offered as an explanation of her conduct and not an excuse or defence. She describes them as shocking and traumatic. These matters came to a head in 2015 when she was representing the clients affect...

3. [2019] NZEmpC 44 Clarke v GEA Processing Engineering Ltd [pdf, 245 KB]

   ...substantive proceedings between GEA and Mr Schicker being dismissed. [6] Once the claims by the Clarkes against GEA for reimbursement of the legal costs were removed to the Court, directions were given requiring the Clarkes to file a formal statement of claim. A statement of defence by GEA was then filed. At a directions conference on 1 October 2018, the proceedings were set down for a hearing. Timetabling directions were made to enable the matter to proceed to a hearing in the...

4. [2020] NZEmpC 27 Labour Inspector (MacRury) v Cypress Villas Ltd [pdf, 162 KB]

   ...Judgment may be sought against Cypress in order to advance a matter discussed later in this judgment. However, for a formal judgment to be given, Cypress would need to have its status regained in the Companies Register. The pleadings [11] The statement of claim filed by the Labour Inspector is a little problematic. It elects to challenge the whole of the Authority’s determination on a de novo basis. This means that it includes the positive findings in favour of the Labour I...

5. A package of family violence and sexual violence initiatives for Budget 2019 [pdf, 4.6 MB]

   ...response for victims of sexual violence would involve contracting specialist support from NGO providers, use of technology to allow more evidence and cross-examination to be recorded in advance of trial, and training and resourcing prosecution and defence lawyers to operate in this new model. Funding for video victim statements would cover the costs of the software licensing to record and store the videos, training and equipment for constables, and funding for Crown Law to establish ca...

6. 2022-03-22 Willowridge Developments Ltd & Remarkables Park Ltd - Supplementary Evidence - Claire Hunter - 22 March 2022 [pdf, 477 KB]

   ...Earthworks (particularly for residential activities) are usually a land based activity. The controls to prevent erosion and sediment runoff are also land based. Best practice erosion and sediment control, which have been discussed in the various statements of evidence, are appropriately land based to avoid or significantly reduce sediment runoff and discharges to surrounding sites and waterbodies in the first place. These land based controls either seek to avoid discharges to waterb...

7. [2024] NZEnvC 177 Connor-Kingi v Whangarei District Council [pdf, 278 KB]

   ...3 (b) Ms Connor-Kingi acted as a representative of a collective working group, as a kaitiaki and as a member of a collective hapu; (c) at the Council hearing seven other members of Ngāti Kahu presented evidence in Te Reo and English. Two statements of evidence were later filed with the Commissioner, setting out the position and the kaikorero for Ngāti Kahu o Torongare and Ms Connor-Kingi; (d) Ms Connor-Kingi’s notice of appeal concerns breaches of s6(e) rights and intere...

8. [2024] NZEmpC 209 Whare Manaaki Inc v Anderson and Ors [pdf, 216 KB]

   ...[25] Personal grievances in respect of the former employees’ dismissals were raised by way of letter dated 30 October 2024. In that letter counsel for the former employees advised that he was instructed to prepare an application for interim reinstatement and was in the process of doing that. [26] Following the dismissal of the former employees, Whare Manaaki began to process their final pay, which included calculating their holiday pay entitlements. [27] It was at that stage that...

9. [2025] NZEmpC 180 AEL v BAQ [pdf, 212 KB]

   ...real risk of dissipation. [15] On a without notice application an applicant is required to put before the Court any material that might weigh against the application, including in terms of evidence and submissions. They must identify any possible defences the respondent might have available.6 [16] Consideration must be given to the overall interests of justice. [17] Once made, a freezing order restrains a party from removing assets located in or outside New Zealand, or disposin...

10. Regulatory Impact Statement: Changing name suppression settings in sexual violence cases [pdf, 350 KB]

    Regulatory Impact Statement | 1 Regulatory Impact Statement: Changing name suppression settings in sexual violence cases Coversheet Purpose of Document Decision sought: This Regulatory Impact Statement provides analysis to support Cabinet decisions on a proposal that before the court can grant permanent name suppression to a person convicted of a sexual crime, it must have the agreement of the victim of that crime. Advising agencies: Ministry of Justice Proposing Mi...