Search Results

1. [2017] NZEmpC 128 ALA v ITE [pdf, 242 KB]

   ...of a local authority organisation, creating links to the videos held on YouTube and to the PDF documents held on OneDrive. [34] At the commencement of the hearing on 17 October 2017, ALA was granted leave to amend its first amended statement of claim, so that sanctions were sought in respect of the compliance order of 15 April 2016, and of the compliance order, which I have described as a takedown order, of 1 September 2017. Despite being directed to file and serve a s...

2. [2017] NZEmpC 149 P v A [pdf, 184 KB]

   ...APPLICATION FOR RECUSAL [1] P, the plaintiff in these proceedings, has asked me to recuse myself. This follows an interlocutory judgment I issued on 28 July 2017 in which I granted an extension of time to the defendant and leave to file a statement of defence for one of two challenges which P has filed to determinations of the Employment Relations Authority (the Authority).1 [2] It should be mentioned, incidentally, that one of the determinations of the Authority being c...

3. [2024] NZEmpC 135 Chantama v McKerchar Lamb Limited and other(s) [pdf, 198 KB]

   ...issued a judgment granting the plaintiff’s application to join Mr McKerchar, the sole director of the first defendant, in his personal capacity as a defendant in the proceedings.2 The judgment required the plaintiff to file and serve any amended statement of claim by 5 April 2024.3 [4] On 8 April 2024 the plaintiff filed a notice of the discontinuance withdrawing his claim in this Court. Application [5] On 2 May 2024 the first defendant filed a memorandum seeking costs f...

4. [2024] NZEmpC 141 Byrne v Coverstaff Recruitment Group Ltd [pdf, 218 KB]

   ...Coverstaff Recruitment Group Ltd [2023] NZERA 549. 2 At [93]. 3 Byrne v Coverstaff Recruitment Ltd [2023] NZERA 623. [2] The plaintiff filed a challenge to the Authority’s determination on 24 October 2023. The defendant filed a statement of defence on 21 November 2023. On the same day, the defendant also applied for the Court to strike out the plaintiff’s statement of claim or, in the alternative, to order the plaintiff to give security for costs. [3] The plaint...

5. [2016] NZEnvC 253 Environmental Defence Society Incorporated v Mackenzie District Council [pdf, 666 KB]

   iBEFORE THE ENVIRONMENT COURT Court: Hearing: Appearances: IN THE MATTER BETWEEN AND Decision No. [2016] NZEnvC .1-~ '3 of an application for declarations under Part 12 of the Resource Management Act 1991 (RMA) ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED (EDS) (ENV-2016-CHC-000071 ) Applicant MACKENZIE DISTRICT COUNCIL Respondent Principal Environment Judge LJ Newhook sitting alone under s279 of the Act at Christchurch on 16 December 2016 R Enright and M...

6. CAC20005 v Morton-Jones [2015] NZREADT 49 [pdf, 235 KB]

   ...money and wanted Ms Logan’s company to take over management of the two properties and help him get back the outstanding money. [22] Ms Logan arranged to meet Mr Morton-Jones at his offices on 23 August 2012 to collect copies of Mr Sinclair’s statements and records regarding the two properties as well as details of the tenants’ rental payments. She continued her evidence-in- chief as follows: “2.5 When I attended the offices on 23 August I was not provided with: (a) Bond lod...

7. E55 Heather Kirkham - EIC - the Crown [pdf, 694 KB]

   ...Developments and is about the eighth to be developed or publicly proposed by various parties. The solution covered by the Application is one which 1909 5 is politically acceptable, rather than one which is the optimum for an America’s Cup Defence and Infrastructure in Auckland. b. It was obvious from the first meetings of the Auckland Council Governing Body and Planning Committee that no provision had been made for potential the hosting of America’s Cup given that Emirates...

8. ENV-2016-CHC-000071 First Case Management Minute [pdf, 1.6 MB]

   BEFORE THE ENVIRONMENT COURT Introduction IN THE MATTER AND BETWEEN AND of the Resource Management Act 1991 of an application for declarations under Part 12 of the Act ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED (ENV-2016-CHC-000071 ) Applicant MACKENZIE DISTRICT COUNCIL Respondent MINUTE OF THE ENVIRONMENT COURT (24 November 2016) [1] Environmental Defence Society Inc. has applied for 7 declarations under Part 12 of the Act. After closely considering the papers...

9. [2015] NZEmpC 166 Able Owl XL Ltd v Gladden [pdf, 195 KB]

   ...strictly comply with the requirements specified in the Employment Court Regulations 2000 (the Regulations). Nevertheless, no objection has been taken to its form. It contained sufficient particulars to give Able Owl notice of the nature of the defences raised and to respond to the allegations contained in the amended statement of claim. Mr Gladden seeks to have the challenge dismissed as vexatious and trivial. He seeks orders upholding the determinations of the Authority. Fact...

10. [2022] NZEmpC 68 KAQ v Attorney-General [pdf, 244 KB]

    ...Standing back and considering the matters in rr 12 and 13, and the authorities I have referred to, I consider it to be in the interests of justice to grant limited access to the Court file. [22] Access is granted to the primary pleadings, namely the statements of claim. I record that no statements of defence were filed by the time the notice of discontinuance was filed, and so no statement of defence or substantive response to the statements of claim is held on the Court file. I...