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1. [2019] NZEmpC 23 Rachelle v Air New Zealand Ltd [pdf, 437 KB]

   ...(Application to strike out part of the proceeding) [1] On 30 October 2018 Air New Zealand Ltd applied to strike out two of the remaining five causes of action pleaded against it by Georgina Rachelle. [2] Ms Rachelle filed a fifth amended statement of claim, dated 18 June 2018, alleging eight causes of action against Air NZ. Those causes of action were: (a) workplace discrimination; (b) harassment and bullying within the workplace; (c) [breaches] of 12 workplace c...

2. [2017] NZEmpC 23 Domingo v Suon and Heng (t-a Town and Country Food) [pdf, 178 KB]

   ...2 Domingo v Suon [2016] NZERA Auckland 244. a person is in breach of a compliance order made by the Authority. While an order of sequestration of the defendant’s assets featured in the plaintiff’s statement of claim, this has not been pursued and it can be put to one side. Rather Mr Domingo seeks a fine, towards the top end of the range (the maximum being $40,000). 3 [8] The plaintiff’s application was originally set down for an und...

3. [2021] NZEmpC 231 A Labour Inspector of the Ministry of Business, Innovation and Employment v JDFOODS Ltd [pdf, 242 KB]

   ...that Jayant and Deepti Kaushal have retained significant connections to India and had expressed an interest in relocating to Australia. [31] I accept that there is a legitimate basis for concluding there is a danger of dissipation. Possible defences [32] The statement in reply which was filed by the respondents in the Authority is before the Court. I have considered it carefully. The respondents have denied that there are arrears of minimum entitlements, and that there could...

4. [2020] NZREADT 36 - Complaints Assessment Committee 1904 v Bright (24 August 2020) [pdf, 217 KB]

   ...express power to appoint an amicus curiae to assist the Tribunal, and no jurisdiction to make directions for an amicus to be paid. She submitted, as alternative courses available to ensure overall fairness and to enable Mr Bright to advance his defence, and consistent with the approach under s 95 of the Evidence Act: [a] Mr Bright could engage a lawyer to represent him in the proceeding; [b] if Mr Bright does not want to engage a lawyer, that he formulates a list of questions to be...

5. Hall v Opepe Farm Trust (2010) 19 Waiariki MB 258 (19 WAR 258) [pdf, 442 KB]

   ...Trustees’ duties [170] Trustees’ conduct [175] Failing to keep the owners properly informed [180] Understanding of the injunction [188] BNZ Loans [190] Financial state of Opepe Farm Trust [192] Defences [198] Appointment of interim trustees [201] The Court’s discretion [201] Applicant’s case [204] Respondents’ case [205] Discussion [207] Application of s 222 [207] The ri...

6. Starting a proceeding in the District Court

   ...court to issue an order to prevent the debtor’s property from being disposed General civil proceeding – recovering money or settling a dispute If you want to recover money or settle a dispute with another person or an organisation, you can file a statement of claim in a District Court. You may only file the claim in a District Court if the value of the claim is less than $350,000. Only Inland Revenue can file a claim with a value of $350,000 or more in a District Court. If you have a dispu...

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7. LG v Hakaoro [2013] NZIACDT 23 (03 April 2013) [pdf, 168 KB]

   ...Minute [68] The complainant did not respond to the minute, and was not required to do so. It is likely that there have been some issues with communication as she is no longer in New Zealand. [69] Mr Hakaoro responded in two documents: [69.1] A statement of defence received on 31 January 2013, and [69.2] An affidavit from himself dated 29 January 2013. [70] The document styled as a statement of defence was neither appropriate, nor constituted a statement of defence. The material wi...

8. Sawyer v Victoria University of Wellington (Strike Out) [2024] NZHRRT 47 [pdf, 146 KB]

   ...applied to have her claim struck out. [3] On 8 March 2024, the Tribunal issued a decision striking out parts of Dr Sawyer’s claim, leaving her claim under IPP 6 in place.2 In its decision the Tribunal ordered that Dr Sawyer file an amended statement of claim restricting her claim against VUW to the alleged breaches of IPP 6. Dr Sawyer was advised that if she failed to comply with the order to replead the alleged breaches of IPP 6 she risked her claim being struck out.3 Dr Sawy...

9. [2025] NZEmpC 60 Courage & Ors-Pilgrim & Ors v Attorney-General & Ors [pdf, 201 KB]

   ...orders of stay. The first is a stay of proceedings pending the outcome of a proposed appeal to the Court of Appeal against the Court’s judgment dated 12 December 2024.1 Secondly, the Attorney-General seeks a stay of the timeframe for filing a statement of defence, pending the outcome 1 Courage v Attorney-General [2024] NZEmpC 247. of the application for a stay, and an extension of time if the application for stay is declined. [2] The judgment which the Attorney-Gen...

10. [2025] NZEmpC 118 Airways Corporation of NZ Ltd v Small [pdf, 202 KB]

    ...[7] Airways has not consented to Mr Small raising a personal grievance in relation to the pre-September 2022 matters outside of the 90-day period, and Mr Small has not obtained leave to do so. There are two claims in the Authority [8] In his statement of problem dated 14 August 2023, Mr Small claims that he was constructively and unjustifiably dismissed by Airways by means of a constructive dismissal having the following elements: (a) there was a breach of the terms and condition...