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1. [2017] NZEmpC 113 Unite Union Inc v Restaurant Brands Ltd [pdf, 306 KB]

   ...Turning to the items in the table referred to at [9], the plaintiff submitted the defendant’s two briefs of evidence do not justify an allocation of two days in Band B for $4,460. On the same basis it was said that the relative simplicity of the statement of defence (referred to as a pro forma statement of defence) did not justify a 1.5 day allocation for $3,345. [28] I agree with Mr Cranney that uncritically applying each step in Category 2, Band B could produce an outcome tha...

2. The Minister of Defence 232 [pdf, 111 KB]

   ...("Panel') on the proposed Auckland Unitary Plan ("Unitary Plan") AND IN THE MATTER OF BETWEEN AND of Unitary Plan Hearing Topic 081 BUNNINGS LIMITED Appellant AUCKLAND COUNCIL Respondent NOTICE OF INTENTION OF THE MINISTER OF DEFENCE TO BECOME AN INTERESTED PARTY PURSUANT TO SECTION 274 OF THE RMA AND SECTION 156 OF THE LGATPA 7 October 2016 CROWN LAW TE TARI TURE O TE KARAUNA PO Box 2858 WELLINGTON 6140 Tel: 04 472 1719 Fax: 04 473 3482 Co...

3. [2010] NZEmpC 109 Rolling Thunder Motor Co Ltd v Kennedy [pdf, 34 KB]

   ...Court may make any order which the Authority could have made. Thus, the Court’s jurisdiction in this matter is derived from that of the Authority and is no wider than the jurisdiction of the Authority. Pleaded facts [8] The parts of the statement of claim relevant to this issue are: 7 During the Defendant’s employment with the Plaintiff she put forward a proposal to open an account with BarterCard. BarterCard operates on the basis of using “BarterCard Trade Dollars” to...

4. [2017] NZEnvC 202 MacKenzie District Council [pdf, 2.1 MB]

   ...Memorandum of Counsel, daled 11 December 2017 at (37). Memorandum of Counsel, dated 11 December 2017 at (38)-[39). Affidavit of K A Morrow, dated 12 December 2017, at[44). The court agreed this was the case in the context of PC17 Environmental Defence Society Incolporated v Mackenzie District Council [2016) NZEnvC 253 at [57) and [58). Canterbury Regional Policy Statement, Objective 9.2.3 and Policy 9.3.1. Canterbury Regional Policy Statement, Objective 9.2.1. 4 or habitats of s...

5. Apostolakis v Gilbert (Late Interlocutory Applications) [2017] NZHRRT 54 [pdf, 238 KB]

   ...Gilbert has interfered with Mrs Apostolakis’ privacy. See the Human Rights Act, s 92R and the Privacy Act, s 89. In addition to all its other faults, the application is premature. [21] We address next the application to strike out Mr Gilbert’s defence. The application to strike out Mr Gilbert’s defence [22] In this application (conspicuously unsupported by affidavit evidence) Mrs Apostolakis has applied for an order striking out Mr Gilbert’s defence. The grounds of the appl...

6. [2023] NZEmpC 117 Downer New Zealand Ltd v King [pdf, 240 KB]

   ...Downer’s behalf. [38] Such is the nature of the breaches claimed by Downer I consider that, if they are made out, Mr King is exposed to the risk of substantial penalties under the Act. [39] Rule 32.2(3)(a) requires Downer to identify possible defences. Mr Keown identified the following: (a) The potential that it may be established the work was properly invoiced and paid for because it was actually conducted for Downer’s client. (b) Mr King may be able to establish an enti...

7. [2011] NZEmpC 99 Broughton v Microsoft NZ Ltd [pdf, 77 KB]

   ...enable them to have the best chance of a well informed settlement. [4] As in all document disclosure disputes, it is necessary to put the objections and the plaintiff’s challenge to them in the context of the fundamental pleadings, the amended statement of claim (dated 18 July 2011) and the statement of defence (dated 28 April 2011) to the statement of claim (dated 24 March 2011). There is not, as yet, a statement of defence to the plaintiff’s amended statement of claim but I w...

8. Elizabeth (Lizzy) Marie Marvin (CSU-2024-CCH-000298) [pdf, 364 KB]

   ...describing the fireplace door and that “the handle opens by twisting up. It’s on a hinge.”4 [27] Kahn told Police that the fireplace was in good condition, and that nothing about it “ever gave me reason to think it was damaged or faulty.”5 1 Statement of Michael Marvin dated 8 May 2024. 2 Statement of Anne-Marie Marvin dated 9 May 2024. 3 Statement of Anne-Marie Marvin dated 5 February 2025. 4 Statement of Michael Marvin dated 8 May 2024. 5 Statement of Kahn Peachey dated...

9. [2019] NZEmpC 198 Jobbitt v 4 Seasons Indoor Outdoor Living (2014) Ltd [pdf, 379 KB]

   ...not previously been employed by that employer. Those changes are not relevant to this proceeding because the employment agreement was entered into in July 2018, and the new provisions are not retrospective. The challenge [14] Mr Jobbitt’s statement of claim challenged paragraphs [36], [37] and [38] of the determination. Paragraph [36] reads: [36] Sections 67A and 67B of the Act and Mr Jobbitt’s employment agreement do not state that for notice of termination under the tri...

10. [2023] NZEmpC 51 Halse v Employment Relations Authority [pdf, 209 KB]

    ...for a stay is to prevent what Mr Halse refers to as a further miscarriage of justice. He says that this Court made a mistake in law when it granted counsel for the Authority’s request, on the papers, to be excused from its obligation to file a statement of defence and to abide the decision of the Court. He says in taking such a position, the Authority sought to defeat his right under s 27 of the New Zealand Bill of Rights Act 1990 to a judicial review hearing against the decisio...