Search Results

1. [2014] NZEmpC 69 H v A Limited Interlocutory [pdf, 77 KB]

   ...Authority to which it relates which may contain the names of, or otherwise identify the parties. [10] The plaintiff’s challenge to the Authority’s substantive determination is still in its very early stages. The defendant has not yet filed its statement of defence. Given the probable duration of the hearing of the challenge it is unlikely to be until late July 2014 at the earliest, and perhaps later, even without delays that may be occasioned if there are any other interloc...

2. Tapiki and Eru v New Zealand Parole Board (Strike-Out Application) [2017] NZHRRT 41 [pdf, 172 KB]

   ...of action, defence, or case appropriate to the nature of the pleading; or (b) is likely to cause prejudice or delay; or (c) is frivolous or vexatious; or (d) is otherwise an abuse of the process of the court. (2) If the court strikes out a statement of claim or a counterclaim under subclause (1), it may by the same or a subsequent order dismiss the proceeding or the counterclaim. (3) Instead of striking out all or part of a pleading under subclause (1), the court may stay all or...

3. BORA Coroners Amendment Bill [pdf, 297 KB]

   ...person has concerns about how overseas authorities responded to the death, but that there is no requirement to do so. 6. The Bill provides for the Attorney-General to determine whether a coronial inquiry is required for the deaths of New Zealand Defence Force members on operational service that are directly caused by hostile action and limits the scope of the coronial inquiry to establishing the person’s identity and the causes and circumstances of the death. 7. The Bill also amends t...

4. [2023] NZEmpC 67 Bennett v Goldie [pdf, 199 KB]

   ...an affidavit from an expert in relation to neurological issues, as well as a further affidavit from himself. Both Ms Goldie and the Department of Corrections advised that they abide the decision of the Court, and they were excused from filing statements of defence. Timetabling was put in place so that Mr Bennett’s affidavits in support of his challenge and his submissions were to be filed by 4 pm on Monday, 14 November 2022. 2 Employment Relations Act 2000, s 114. 3 Gol...

5. CW & NK v TX [2023] NZDT 411 (5 July 2023) [pdf, 218 KB]

   ...to permanently disable this lock. I am satisfied if he had done so, this issue would not have arisen. TX says if CW and NK had taken the garage door remote with them, they would have had means of access. I do not however accept this is a justifiable defence in these circumstances. 18. I decline to award CW and NK the sums sought under items c. and d. of paragraph 15. I say that because: a. CW and NK were unable to provide proof they had incurred additional legal costs to resolve this ma...

6. [2016] NZEmpC 1 Kilpatrick v Air New Zealand Ltd [pdf, 252 KB]

   ...determination. Nevertheless in dealing with costs in these proceedings the Court may need to consider the issue of costs in the proceedings before the Authority. Pleadings [5] Ms Kilpatrick’s final pleadings are contained in an amended statement of claim filed on 19 December 2014 by her then legal counsel. She had earlier filed a statement of claim while self-represented. This document contained causes of action clearly outside the jurisdiction of this Court to consider....

7. Kani v MacDonald - Waimarama 3A6B6B Inc. (2021) 88 Takitimu MB 148 (88 TKT 148) [pdf, 331 KB]

   ...officers. (5) If any person fails in any duty imposed on that person by subsection (4), the court may inquire into the failure and, after hearing any witnesses who may be produced against or on behalf of the alleged offender, and after hearing any statement that may be offered in defence, punish the offender in like manner as if the offender had been guilty of contempt of court. (6) Where, after having considered the reports of the examining officers and any explanation that has...

8. Nisha v South Auckland Muslim Association Incorporated [2024] NZHRRT 68 [pdf, 631 KB]

   ...the women’s chapter. [27] Notwithstanding that there was no women’s chapter, which meant cl 5.1 could not be fully complied with, the notice of AGM issued by the SAMA executive on 20 February 2022 (the first AGM notice) contained the following statement: In accordance of [sic] our Deed of Settlement SAMA executive encourages and supports its female members to nominate representatives from the women’s chapter to stand on the executive as committee members. [28] There were no other...

9. Burke Family Trust v Wellington City Council [pdf, 265 KB]

   ...at the head flashing window flange intersection/lack of drainage from the head flashing. Rear entry door (ground floor) Poor detailing at the parapet corner above the door and the parapet junction with the dwelling. 7.9 The assessor's statement of causes may be categorised as: 7.9.1 Capillary action from penetration of cladding into ground or insufficient ground clearance or fitting into concrete foundation. 7.9.2 Various construction detail including integrity of flash...

10. Parohinog v Yellow Pages Group Ltd (Strike-Out Application No 2) [2015] NZHRRT 14 [pdf, 91 KB]

    ...RK Musuku, Member REPRESENTATION: Ms E Parohinog in person Mr JO Upton QC and Mr R Upton for first defendant Second defendant not served DATE OF HEARING: 9 April 2015 DATE OF DECISION: 5 May 2015 DECISION OF TRIBUNAL STRIKING OUT STATEMENT OF CLAIM The challenge – identifying what Ms Parohinog’s human rights case is about [1] Ms Parohinog sincerely and honestly believes she is the subject of covert surveillance, a microchip having been implanted in her through...