Search Results

1. [2023] NZEmpC 227 Pilgrim v Attorney-General [pdf, 280 KB]

   ...power to identify the true employer of its own motion in circumstances where, for example, a putative employee had failed to correctly identify the correct putative employer.2 The plaintiff subsequently filed an application for leave to amend the statement of claim to replead the identity of the employer. [3] Further submissions were filed. Counsel for the second defendants (the Gloriavale defendants) consented to the application for leave and indicated that they were content...

2. [2013] NZEmpC 113 Talent Bean Ltd t/a Roasted Addiqtion Cafe v D'Souza [pdf, 116 KB]

   ...sought are an order quashing the determination, an order in the alternative that Ms D’Souza’s actions contributed to the situation giving rise to the grievance and any other relief and costs. The pleadings in this matter consist of an amended statement of claim and an amended statement of defence. Ms D’Souza did not cross challenge against her loss in respect of the wages claim. She has not pleaded for any increase in the remedies awarded to her. Factual background [7]...

3. Nightingale v CAC10055 & Lee, Godfrey & Barfoot & Thompson Ltd [2012] NZREADT 55 [pdf, 67 KB]

   ...it: “Abuse of Process – Attempts to re-litigate matters already determined 6. Hunter v Chief Constable of the West Midlands Police [1982] AC 529 at 541, 3 All ER 727 (HL) at 733, per Lord Diplock, is generally regarding as the leading statement: “The abuse of process which the instant case exemplifies is the initiation of proceedings in a court of justice for the purpose of mounting a collateral attack on a final decision against the intending plaintiff which has been m...

4. Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 43 [pdf, 149 KB]

   ...of view the increase in potential liability may be unfair, we do not consider Mr Holyoake’s stance is sufficient to break the chain of causation. Mr Holyoake’s evidence that he would not be willing to give a warranty or provide a producer statement for remedial work, that was as extensive as the majority of experts considered appropriate, may have been a tipping point but was not the only factor in determining that a reclad was required. We however consider it appropriate to...

5. LCRO 099/2016 IJ v KL (28 July 2017) [pdf, 225 KB]

   ...(c) Concerning the affidavit, he agreed that “nearly 19 hours for the preparation of one affidavit would be excessive”, but stated that:5 this claim was for receiving and perusing Mrs IJ’s application, three affidavits from her, preparing statement of defence and three affidavits in reply as well as memoranda for the Court’s settlement conference. (d) Mr IJ “always underestimated the work done by solicitors and overestimated his own ability as an advocate”.6 [7] Concer...

6. [2021] NZREADT 43 - Complaints Assessment Committee v Lowndes (10 August 2021) [pdf, 302 KB]

   ...penalty orders to be made against Ms Lowndes, and any orders as to costs. [24] Mr Wheeler submitted in reply that Ms Lowndes had been asked to outline the relationship with Mr Drinnan and how the transaction occurred. He submitted that her initial statement was detailed but she did not provide the requested information either in that statement or a subsequent statement. He submitted that the evidence of non- compliance with ss 134 and 135 was the omission of any evidence of complia...

7. Ministry of Justice Statement of Intent 2023 - 2027 [pdf, 1.5 MB]

   E.64 SOI (2023) Te Tāhū o te Ture Statement of Intent 2023-2027 ISSN 1175-8414 (PRINT) | ISSN 1178-6914 (ONLINE) 2023 © Crown Copyright This work is licensed under the Creative Commons Attribution 4.0 New Zealand licence. You are free to copy, distribute and adapt the work, as long as you attribute the work to the Ministry of Justice and follow any other licence terms. To see a copy of this licence, visit creativecommons.org/licenses/by/4.0 Presented to the House of Representative...

8. Reekie v Roberts [2013] NZHRRT 7 [pdf, 100 KB]

   ...already been delivered to Mr Roberts. Mr Roberts has a clear recollection of handing over to Mr Harrison all of Mr Reekie’s files. The only documents retained by Mr Roberts were six categories of handwritten instructions (they are itemised in the statement of reply) from Mr Reekie to Mr Roberts prepared for the purpose of the High Court trial along with a letter dated 23 May 2003 from Mr Roberts to Mr Reekie, and a copy of a letter from Mr Roberts to the (then) Auckland District Law S...

9. [2013] NZEmpC 207 Nee Nee v C3 Ltd [pdf, 139 KB]

   ...to treatment between employees involved in the same incident; d) The actions of Mr Nathan did not amount to serious misconduct in all the circumstances and dismissal was therefore unreasonable. [9] As to remedies, Mr Nathan seeks: a) Reinstatement; b) Reimbursement of lost wages; c) Compensation for humiliation, loss of dignity and injury to his feelings. Factual outline [10] The liquor ban imposed by the employer arose from an incident on 22 September 2011. There was...

10. [2019] NZEnvC 042 Alliance Group Limited v Otago Regional Council [pdf, 451 KB]

    ..., under section 279(1) and section 290 of the Resource Management Act I direct that unless an application is made under [C] by 5 April 2019, the Otago Regional Council should by consent amend: (1) Chapter 3 of the proposed Otago Regional Policy Statement as set out in Schedule "A" to this decision; and (2) The "Implementation and Glossary" as set out in Schedule "B". Alliance Group Limited v Otago Regional Council 2 B: I rule that: (1) the parti...