Search Results

1. [2025] NZEmpC 101 Lu v Young [pdf, 147 KB]

   ...Preparation of written submissions (costs) 0.5 days Total $3,816 [7] In the circumstances, I consider that this amount is appropriate and is a fair representation of the work undertaken by the defendant. As noted in the table above, the statement of defence was less than one page, and any submissions were very brief. [8] The plaintiffs sought leave to pay any costs award by instalments. However, in the circumstances of this case, where a security for costs order made again...

2. [2013] NZEmpC 90 Hamon v Coromandel Independent Living Trust [pdf, 69 KB]

   ...would remedy the situation by filing and serving a verified amended list of documents, with leave reserved to the plaintiff to apply for further and better disclosure. I found that this dealt with the plaintiff’s application to strike out the statement of defence, which was then dismissed and reserved costs. [4] The second application was for leave to waive mediation confidentiality. The hearing of that application was adjourned, to allow the parties to make further submission...

3. Forests (Regulation of Log Traders and Forestry Advisers) Amendment Bill [pdf, 167 KB]

   ...accused is guilty. 19. Clause 63ZA of the Bill contains a number of offences which are strict liability offences. Strict liability offences prima facie limit s 25(c) of the Bill of Rights Act because the accused is required to prove a defence (on the balance of probabilities) to avoid liability (in other criminal proceedings an accused need merely raise a defence in an effort to create reasonable doubt). This means that where the accused is unable to prove a defen...

4. SQ v MN Inc [2021] NZDT 1472 (8 August 2021) [pdf, 189 KB]

   ...who had moved away. This was not true, because SQ had not moved CI0301_CIV_DCDT_Order Page 2 of 4 away. The parties did not know whether the neighbour was mistaken or malicious in what she said, but MN assumed at the time that the neighbour’s statement was true. 8. Abandonment can be a valid defence to a claim in conversion, but the party using the defence bears the onus of proving that the goods were abandoned. Clearly SQ did not abandon her cat. 9. There has been some discuss...

5. [2013] NZEmpC 154 Webb v NZ Tramways & Public Passenger Transport Employees’ Union Inc [pdf, 101 KB]

   ...at Auckland) Appearances: Paul Carrucan, advocate for plaintiff Simon Mitchell, counsel for defendant Judgment: 16 August 2013 JUDGMENT OF JUDGE M E PERKINS [1] These proceedings were commenced by the filing of a statement of claim on 26 November 2008. The plaintiff challenges the findings of the Employment Relations Authority (the Authority) in a determination dated 29 October 2008. 1 In that determination the Authority made certain findings as to t...

6. Auckland Standards Committee v Whale [2014] NZLCDT 22 [pdf, 89 KB]

   ...Particulars On or about 23 May 2013 Mr Whale was convicted of four offences under s 58(3) of the Securities Act 1978 that he was a director of an issuer of securities and had signed registered prospectuses that were distributed and which included untrue statements as detailed in the indictment and summary of facts in respect of those offences. On or about 23 May 2013 Mr Whale was convicted of three offences under s 58(1) of the Securities Act 1978 that he was a director of an issuer of...

7. [2023] NZEmpC 110 Hamilton Hindin Greene Ltd v Smalley [pdf, 222 KB]

   ...that to allow the claim in full would be excessive for what was described as a short defence on a narrow subject. HHG considered that an allocation of one day would be sufficient, reducing this step to $2,390. [27] I disagree. Describing the statement of defence as short and on a narrow issue belies its content. The pleadings as to the effect of the 2017 settlement agreement were reasonably thorough. It included an affirmative defence in which Mr Smalley pleaded that it was no...

8. Directory of Official Information 2019 V-Z [pdf, 775 KB]

   ...and the provision of ex-service plaques and headstones and maintenance of 183 service cemeteries. Key legislation are the Pensions Act 1954 and the Patriotic Canteen Funds Act 1947. Structure Veterans’ Affairs is a unit within the New Zealand Defence Force. Veterans’ Affairs is headed by a General Manager, a statutory position responsible for the administration of the Veterans’ Support Act. The General Manager is also known as the Head of Veterans’ Affairs. Policy The Off...

9. Directory of Official Information 2019 V-Z [pdf, 775 KB]

   ...and the provision of ex-service plaques and headstones and maintenance of 183 service cemeteries. Key legislation are the Pensions Act 1954 and the Patriotic Canteen Funds Act 1947. Structure Veterans’ Affairs is a unit within the New Zealand Defence Force. Veterans’ Affairs is headed by a General Manager, a statutory position responsible for the administration of the Veterans’ Support Act. The General Manager is also known as the Head of Veterans’ Affairs. Policy The Off...

10. Stone v CAC 412 & Lim [2019] NZREADT 20 (22 May 2019) [pdf, 589 KB]

    ...If that question is answered in the affirmative, and charges consequently issue, it will then be for the Tribunal, after hearing all the evidence, to determine whether the charge is proved on the balance of probabilities. [36] In anticipating defences of the kind which the Committee considered Ms. Lim would be able to put before the adjudicating body, the Committee went beyond what was permissible. It would seem to be correct in principle that in deciding whether there is a prima f...