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1. Form 6 List of Documents Relied On [docx, 44 KB]

   Guidance on Using the List of Documents Relied On Template (Form 6 of the District Court Rules 2014) About the list of documents relied on [bookmark: Purpose]When filing a statement of claim, statement of defence, or other pleading, you need to file and serve on the other parties (at the same time as the pleading) a list of all the documents referred to in that pleading. You also need to list any other principal documents that you have used when preparing the pleading and on which you intend to...

2. Restorative justice form [pdf, 133 KB]

   My client wants to take part in restorative justice RESTORATIVE JUSTICE REFERRAL FOR DEFENDANT Fill in this form if you are a defence lawyer and your client wants to take part in restorative justice. The information you give us will be used to make sure our records are up-to-date, so (if the judge directs restorative justice) we’ll be passing on the right information to the Restorative Justice Provider. Please give this form to the court taker at your local court. Court use...

3. Wellington Standards Committee 2 v Morahan [2017] NZLCDT 24 [pdf, 531 KB]

   ...was incorrect. Counsel submitted that the respondent knew or ought to have known that the filing of the defence was false and/or misleading. He argues that the respondent did not act competently and/or did not take reasonable care in making the statements and so was in breach of rule 3. 16 [71] In respect of the allegation that the respondent failed to maintain a proper standard of professionalism and/or comply with obligations as an officer of the court, counsel relies on t...

4. [2021] NZEmpC 19 Restaurant Brands Ltd v Unite Inc [pdf, 222 KB]

   ...MAHI O AOTEAROA TĀMAKI MAKAURAU [2021] NZEmpC 19 EMPC 164/2019 IN THE MATTER OF an application for declaration – strike, lockout or picket AND IN THE MATTER OF an application to strike out parts of the statement of claim BETWEEN RESTAURANT BRANDS LIMITED Plaintiff AND UNITE INCORPORATED Defendant Hearing: 12 February 2021 (Heard at Auckland) Appearances: S Langton, counsel and L Briffett advocate...

5. Clarken v Carling [pdf, 138 KB]

   ...CLAIM NO.00804 - CLARKEN.DETERMINATION.doc 2 INDEX INTRODUCTION 5 MATERIAL FACTS 6 THE HEARING 7 THE CLAIM 9 CAUSES OF ACTION 9 THE DEFENCE FOR THE FIRST RESPONDENT 10 THE DEFENCE FOR THE SECOND RESPONDENTS 10 THE DEFENCE FOR THE THIRD RESPONDENT 11 THE DEFENCE FOR THE FOURTH RESPONDENT 13 THE DAMAGE TO THE CLAIMANTS’ DWELLING 13 THE CAUSE(S) OF THE DAM...

6. Tenants in Common of 19 Victoria Avenue v Easton Consultants Ltd [pdf, 37 KB]

   ...October 2007. The claimants were the only party that attended the Hearing. I proceeded in accordance with the agenda that I had given in my last Procedural Order. Firstly, I considered the removal applications, and then considered the limitation defence that had been raised by the sixth respondent. I then listened to the submissions and evidence of the claimants, followed by the evidence from the WHRS Assessor. 1.6 I will now proceed to make my Determination on the basis of t...

7. [2009] NZEmpC CC 20/09 Industrial Services Nelson Ltd v Stewart [pdf, 23 KB]

   ...[3] As for ISNL, the Authority concluded that it had obstructed the investigation. The good faith report set out the background to the investigation and the problems it encountered in reaching a determination. These included: • ISNL’s statement in reply not being lodged until a month after the lodging of the statement of problem. • Protracted attempts by the mediation service to arrange mediation, after which the file was allocated to the Authority Member who directed the...

8. A v Van Wijk (Access to File) [2019] NZHRRT 12 [pdf, 100 KB]

   ...the Tribunal. As at the present date no such appointments had been made. 3 The application for access [6] On 28 February 2019 at 2:58pm the Tribunal received from Ms Kirsty Johnston, Reporter, New Zealand Herald, an application to view the statement of claim and statement of reply. The request was in the following terms: Can I please request access to some documents on the Human Rights Review Tribunal file 067/2016. Specifically, I would like to view the statement of claim,...

9. VM v ND & HB LCRO 249/2012 (30 November 2015) [pdf, 329 KB]

   ...dated 19 September 2008 to Mr VM, Mr TL confirmed a discussion with Mr VM that he could not continue acting “unless the issue of costs is satisfactorily resolved”. [8] This led to a situation where there was an urgent need for Mr VM to file a statement of defence to Mr PR’s claim. [9] Mr ND is the uncle of Mr VM’s wife, and he was approached by his niece and Mr VM to assist. A statement of defence was prepared and filed by Mr ND and he continued to act for Mr VM up until,...

10. [2025] NZEmpC 105 AZK Ltd v JKL [pdf, 219 KB]

    ...Nevertheless, on the material before me, I am satisfied that the applicant has a good arguable case that the respondent has acted in breach of the express and implied terms of their employment agreement, and has benefitted from doing so. Possible defences have been identified [27] Properly, the applicant has identified possible defences that it considered may be available to the respondent. These include jurisdictional issues, and issues regarding the procedure followed b...