Search Results

1. [2007] NZEmpC WC 24/07 Monteith v Hakansson [pdf, 19 KB]

   ...dismissed by Mrs Monteith. The 28 days for filing a challenge ended on 29 May 2007. [3] Before the end of the 28 days, Mrs Monteith obtained information from the Court Registrar about the procedure for filing a challenge. On 5 June 2007 her statement of claim arrived at the Court. It was at that stage 7 days out of time. [4] In her affidavit, Mrs Monteith explained that she had arranged for the statement of claim to be picked up from her café in Hastings on 28 May...

2. Canterbury Regional Council [pdf, 22 KB]

   ...1991. The Proceedings 4 Canterbury Regional Council is interested in all of the proceedings. Particular Issues 5 Canterbury Regional Council is particularly interested in the issues relating to giving effect to the Canterbury Regional Policy Statement. Relief Sought 6 Canterbury Regional Council takes no position on declarations 1, 2, 4 and 7. 7 Canterbury Regional Council opposes declaration 3 on the grounds that: (a) Section 73 of the Resource Management Act 1991 require...

3. Criminal template – Pre-CMM file analysis [pdf, 72 KB]

   PRE-CMM FILE ANALYSIS ReferencePolice v Complete the following sections prior to obtaining instructions Evidential Sufficiency What are the elements of the offence? What is the evidence to prove these elements? What are the possible defences? Evidence to support a possible defence? (Defendant) Y N N/A Disclosure consideration checklist (Criminal Disclosure Act 2008) Has disclosure been received? Is any further disclosure required? (If yes, has it been requested? What is the tim...

4. Engelbrecht TRI-2020-100-007 Procedural Order 6 [pdf, 185 KB]

   ...[3] The Tribunal’s jurisdiction to remove a party from proceedings is akin, but not completely analogous, to the jurisdiction of the High Court to strike out proceedings on the ground that it discloses no reasonably arguable cause of action or defence. The jurisdiction is wider than that of the High Court and it can be fair and appropriate “to strike out a party in circumstances other than where no reasonable cause of action is disclosed”.1 [4] The learned Judge in Vero Insur...

5. [2021] NZEmpC 73 Sfizio Ltd v Freeborn [pdf, 213 KB]

   ...third parties with the name of the plaintiff company. Ms Freeborn succeeded in her claims. [3] On 11 January 2019, Sfizio Ltd (Sfizio) brought a challenge to the Authority’s determination.1 Ms Freeborn, at that stage unrepresented, filed a statement of defence on 15 March 2019. Then, she briefed counsel. [4] On 8 May 2019, I granted leave for the defendant to file an amended statement of defence, and an application to join parties. These documents were filed on 21 May 201...

6. David Bain report of Hon Ian Binnie QC on compensation claim amended [pdf, 1.4 MB]

   ...witness. He was struck off the Law Society roll of barristers and solicitors for professional misconduct on 5 November 2001 because he “acted dishonestly for personal gain“ and had “lied to his client.”7 Michael Guest’s application for reinstatement of his practicing certificate was denied by the New Zealand Law Society as recently as 1 March 2010 because he “knowingly misled the Tribunal” regarding an earlier misappropriation of funds that resulted in Michael Guest’...

7. David Bain report of Hon Ian Binnie QC on compensation claim supplementary [pdf, 1.5 MB]

   ...waiver in the compensation inquiry I have assumed Mr Guest was truthful in everything he said to Sir Thomas Thorp as reported by Sir Thomas Thorp in his Report of May 19, 2000. In particular, I accept that David Bain has been inconsistent with his statements about whether or not he wore Margaret’s glasses (later found at the crime scene) on the weekend prior to the murders. 21. This inconsistency gives rise to issues of both of substance and credibility. As to the substance of...

8. [2016] NZEmpC 140 Wright v West Auckland Aquatics Inc and Turner [pdf, 76 KB]

   ...1 Wright v West Auckland Aquatics Inc & Turner [2016] NZERA Auckland 36. [2] Mr Wright, the plaintiff, was unsuccessful in proceedings before the Authority. Following that determination, he lodged a further statement of problem with the Authority on 15 February 2016. That statement of problem sought an order that he had been unjustifiably dismissed by the first defendant and he also sought remedies against the second defendant. [3] In a deter...

9. BORA Commerce (Criminalisation of Cartels) Amendment Bill [pdf, 194 KB]

   ...cooperate with the Commerce Commission, is rationally connected to that objective c. there are a number of exemptions in the principal Act to allow legitimate collaborative activity (for example, for joint venture pricing) and the Bill provides a defence of belief that the cartel provision was reasonably necessary for the purposes of a collaborative activity, so the Bill impairs freedom of association no more than is reasonably necessary, and d. given the importance of effective compet...

10. LCRO 27/2018 DY v UQ [pdf, 142 KB]

    ...DY] on this case was twice, and both times were on Court day one of which was only 10 minutes and the other time was less than 15 minutes. I spent more time in the waiting room than I had discussing this case. When jury day came around [HV]’s statement was admissible because she couldn’t remember all of it, yet [BW]’s drunken statement is accepted. By this time I was panicking in Court. After a while I was stood down. [Mr DY] came down with a bunch of papers and said I didn’t...