Search Results

1. [2019] NZEmpC 13 Rayner v Director-General of Health [pdf, 281 KB]

   ...OF JUDGE B A CORKILL: (Application for leave to file a challenge out of time) Introduction [1] This judgment deals with an application for leave to bring a challenge out of time; that application was made immediately after a statement of claim relating to an earlier challenge which had been filed by Ms Amanda Rayner was served on the Director-General of Health (the Director-General heads the Ministry of Health; it is appropriate in this judgment to refer to the de...

2. NZLS 19 Mar 2013 Giving Evidence [pdf, 281 KB]

   ...you in danger, talk about that to the police or the person wanting you to give evidence. You need to discuss this · PAGE 3 · GIVING EVIDENCE when you first speak to the Police because it may be too late to apply for anonymity after your statement has been disclosed to the defence. It used to be the case that a husband or wife (spouse) could not be made to give evidence against their spouse but this immunity no longer exists. Now a spouse can be compelled to give evidence agains...

3. [2015] NZEmpC 49 Vulcan Steel Ltd v Walker [pdf, 86 KB]

   ...its challenge. For Mr Walker it had been submitted that the challenge was bordering on “frivolous”, but I did not consider that to be the case. That said, the stay application was successfully resisted by Mr Walker. [9] Mr Walker filed a statement of defence in response to Vulcan’s statement of claim. The challenge was at the point of being set down for a hearing, which would have resulted in a timetable being made for the filing of evidence by both parties. [10] This hist...

4. Review-of-the-Courts-Remote-Participation-Act-2010.pdf [pdf, 345 KB]

   ...These changes could address some of the gaps and ambiguities identified in the current legislative regime. These changes are listed below and detail can be found in the attached discussion document at the page numbers indicated: 15.1 Add a purpose statement to the Act, referencing access to justice, the effective, efficient and timely resolution of court proceedings, and open justice (p. 13), 15.2 Add Coroners Court to the definition of courts to which the Act applies (p. 14), 15.3 F...

5. [2010] NZEmpC 36 T & L Harvey Ltd v Duncan [pdf, 49 KB]

   ...find that this requires a further $1,400 plus GST to be disregarded. [9] I note here that Mr Norris apparently did not charge the defendant for his time attending the telephone conference with me on 24 June 2009 or for subsequently preparing the statement of defence. While that is curious, it is entirely a matter between Mr Norris and his client. There is no scope for awarding a contribution to costs not actually incurred. [10] The next issue I address is that the defendant was ch...

6. [2024] NZEmpC 78 Manuka Health NZ Ltd v Kalic Stay [pdf, 170 KB]

   ...Zealand Sugar Co Ltd [1997] 3 NZLR 476 (HC). committed to the time and cost of progressing this challenge is an appropriate basis on which to proceed. [14] The application sought an ancillary order excusing the defendant from filing a statement of defence. The defendant has, in fact, taken no steps in the proceeding at all and the time to file a statement of defence has passed. The situation is preserved, I consider by granting the application for a stay without anythin...

7. [2025] NZEmpC 163 Singh v Chand [pdf, 228 KB]

   ...compliance with the orders in the Authority determination by 18 February 2025. [17] The determination was not challenged. [18] On 27 March 2025 Mr Singh applied to the Court for urgency and abridgement of time to 14 clear days for the filing of a statement of defence to his claim pursuant to s 140(6). The application for urgency was declined in an interlocutory judgment of the Court dated 3 April 2025.8 The judgment records that Mr Chand was served with the statement of claim,...

8. [2017] NZEmpC 130 ALA v ITE [pdf, 402 KB]

   ...person in default is a plaintiff, order that the proceedings be stayed or dismissed as to the whole or any part of the relief claimed by the plaintiff in the proceedings: (b) if the person in default is a defendant, order that the defendant’s defence be struck out and that judgment be sealed accordingly: (c) order that the person in default be sentenced to imprisonment for a term not exceeding 3 months: (d) order that the person in default be fined a sum not exceeding $40,0...

9. [2018] NZEnvC 076 Vernon v Thames Coromandel District Council [pdf, 730 KB]

   ...and Natural Character Overlays (NCOs). [3] TCDC undertook a review of the CEl and the NCOs in the decisions version of its proposed plan and concluded that those overlays should be amended in order to give effect to the New Zealand Coastal Policy Statement and meet the requirements of the Act. [4] After reviewing the options available for making such amendments, TCDC promoted the option of proceeding under s293 of the Act. This option was considered through various means, includin...

10. [2012] NZEmpC 118 Hamon v Coromandel Independent Living Trust [pdf, 69 KB]

    ...list. [8] After discussions with the parties, it became clear that the email of 14 April 2008 may well have been solicited by the defendant. Any supplementary list of documents, which it is agreed should be in the form of a sworn or affirmed statement for the purposes of reg 46(3) of the Regulations, ought also to contain reference to any documents in the defendant’s possession, custody or control, or former possession, custody or control, which may have brought about the existe...