Search Results

1. R. Singh v Kumar [2016] NZIACDT 14 (23 March 2016) [pdf, 121 KB]

   ...admission. Through her counsel, the Registrar accepted that was the appropriate outcome on the evidence before the Tribunal. Rehearing [6] The Tribunal issued a decision upholding this complaint on the grounds presented by the Registrar in her Statement of Complaint. Mr Kumar applied for a rehearing. He supported the application on the grounds: [6.1] He posted a statement of reply to the Tribunal, using a correct postal address and in a timely manner. [6.2] Without the statement of...

2. [2018] NZEmpC 125 Rightway Ltd v Burwell [pdf, 263 KB]

   ...there remains a residual discretion not to remove the matter to the Court, there are no good or sufficient reasons for it to be exercised.6 The challenge therefore fails [17] The challenge fails. The plaintiffs are now to file and serve their statement(s) of defence in Ms Burwell’s matter (EMPC 222/2018), such statement(s) of defence, to be filed within 21 days of the date of this judgment. [18] Ms Burwell is entitled to costs on this judgment to be calculated on a category 2...

3. Communication Assistance Quality Framework FINAL [pdf, 3.6 MB]

   ...Witnesses are entitled to communication assistance under the Evidence Act but only to enable them to give evidence3. A witness means a person who gives evidence and is able to be cross-examined in a proceeding. A witness may be a complainant (victim), defence witness, or a prosecution witness. The Evidence Act also entitles witnesses in civil cases to communication assistance. https://www.benchmark.org.nz 7 Courts where communication assistance can be used The provisions about com...

4. EoI-Dep-Inspector-General-of-Defence [pdf, 206 KB]

   DEPUTY INSPECTOR-GENERAL OF DEFENCE Expression of Interest in Appointment  Please personally complete this form and the statutory declaration.  Please provide a full curriculum vitae with your application.  Your application will be acknowledged by letter or email. Surname/Family Name _____________________________________________________________ First Name(s) _______________________________________________________________________ Full Postal Address (the address to which mail shou...

5. [2014] NZEmpC 81 Kellerman v Stoneware 91 Limited t/a Swtiched On Gardener [pdf, 60 KB]

   ...determination as to costs, and having regard to the quantum of the amount at issue, it is in the Court’s assessment that the interests of justice require the Court to consider the issues raised. [13] Accordingly leave is granted to file the statement of claim out of time. Conclusion [14] The following directions are made: (a) The applicant is to file and serve his statement of claim within 14 days of the date of this decision. (b) The statement of defence is to...

6. [2017] NZEmpC 47 Singh v Trustees of the Wellington Rudolf Steiner Kindergarten Trust [pdf, 104 KB]

   ...membership of a union. According to a determination of the Authority dated 3 June 2016, Ms Singh sought various remedies, including compensation for hurt and humiliation and lost wages. She also sought a penalty against the Trust. [3] By way of a defence to Ms Singh’s claims, the Trust denied the allegations being made against it but also raised the point that there is already a settlement agreement. This settlement agreement had been signed by the parties on 3 March 2015, a...

7. [2012] NZEmpC 214 NZ Post Primary Teachers Assn v Secretary for Education [pdf, 93 KB]

   ...pay of a substantial number of teachers who have provisional professional registration. [3] The case began in the Employment Relations Authority but was removed by it to the Court. 1 The plaintiffs’ claims were commenced by the filing of a statement of problem in the Authority which outlined the nature of their claims. The plaintiffs’ statement of claim filed in this Court after the removal adds detail that is said not to have been in the original statement of problem, to put...

8. [2025] NZREADT 32 - H Ltd v Liu (7 August 2025) [pdf, 207 KB]

   ...[21] An amended statement of claim (19 April 2025) and affirmation in support from a director of the purchaser (affirmed 23 April 2025) was filed, with attached documents. The Tribunal then issued Minute 3 (23 May 2025) requiring Ms Liu to file a defence and all supporting evidence. No defence was filed. JURISDICTION AND PRINCIPLES [22] On finding unsatisfactory conduct which is more than minor or technical, a Committee may refer the matter to the Tribunal to consider making a com...

9. TL v DL [2025] NZDT 60 (26 February 2025) [pdf, 102 KB]

   ...been offered to the Tribunal by DL; d. the interests of justice include that an applicant has the right to have their claim heard. Looking at all the evidence it was proper for the Tribunal to continue with the hearing; e. the Tribunal statements provided by DL to B Ltd about her defence formed part of the claim documents and would therefore be considered. 4. The Issues to be resolved are: a. Did damage occur as a result of DL failing to take reasonable care? b. I...

10. Miscarriage of justice - Scott Watson - K McDonald's supplementary advice March 2013 [pdf, 349 KB]

    ...verdicts were unreasonable and could not be supported having regard to the evidence'. 11. There were a number of identification procedures undergone by Mr Guy Wallace and Ms Roz McNeilly that were not recorded by the police or disclosed to defence counsel. 111. It was inappropriate for me to have placed weight on defence counsel ' s tactical decision not to call [...] as a witness. 4. Between September 2011 and December 2012, the Ministry had a number of exchang...