Search Results

1. [2023] NZEmpC 54 Halse v Employment Relations Authority [pdf, 215 KB]

   ...review proceeding should continue. The status of the three respondents [14] At an earlier point in the proceeding, Mr Watson submitted that the Judicial Review Procedure Act 2016 does not oblige a court or tribunal named as a respondent to file a statement of defence. He submitted that any purported obligation of that nature would cut across the settled principle that courts and tribunals should not “enter the fray” and become protagonists in the defence of their own decisions....

2. G Ltd v QN & B Ltd [2024] NZDT 899 (20 December 2024) [pdf, 102 KB]

   ...it of the transfer. 6. Both claims, given they were disputed, could have been lodged in the Disputes Tribunal immediately for $45.00 each (the fee at the time for claims under $2,000.00). The creditor could have done this without help to turn its statements into “legal phrases”, since the Tribunal is designed to provide access to justice for lay people. CI0301_CIV_DCDT_Order Page 2 of 3 7. Instead, the agency accepted lodgement of the debts despite knowing they were disputed, a...

3. [2013] NZEmpC 119 La Famia No 2 Ltd v James [pdf, 48 KB]

   ...Defendant Judgment: 4 July 2013 JUDGMENT OF CHIEF JUDGE G L COLGAN [1] This proceeding (a challenge to a determination 1 of the Employment Relations Authority) was filed with the Court on 4 February 2013. The plaintiff’s statement of claim did not meet the minimum requirements for such a document under reg 11 of the Employment Court Regulations 2000. [2] By a minute issued on 19 February 2013 the Court allowed the plaintiff the period of 14 days within wh...

4. [2022] NZIACDT 10 - BC v Lawlor (18 May 2022) [pdf, 192 KB]

   ...and personal issues at the time. He failed to attend to the matter during 2020 and this led to more serious breaches which prejudiced the brother-in-law’s position. In the end, the matter “had truly gone off the rails”. This was not a defence, but it might be a mitigating factor before the Tribunal. [38] In particular, Mr Lawlor accepted: (1) He ought to have recognised and discussed the specific provisions of the long-term skills shortage list. The prejudice to the br...

5. [2010] NZEmpC 55 Rooney Earthmoving Ltd v McTague & Ors [pdf, 41 KB]

   ...of the company formed by the first and second defendants, BMW Contracting Ltd (BMW Contracting) “during the damages period as at the date of hearing following disclosure by the defendants and/or BMW Contracting of BMW Contracting’s financial statements”. The amendment sought to paragraph [25] would make it read: The plaintiff seeks the sum of not less than $6 million by way of damages from the defendants jointly and severally. [3] The application for leave was made pursuant...

6. [2015] NZEmpC 17 ALLWAZE Designs Ltd v Cawthorne [pdf, 112 KB]

   ...INTERLOCUTORY JUDGMENT OF JUDGE A D FORD The application [1] I issued an earlier interlocutory judgment in this proceeding on 22 September 2014. 1 That judgment dealt with an application by the defendant for leave to file her statement of defence out of time. I granted that application. In the course of a telephone directions conference held on 22 October 2014, counsel for the defendant gave notice that he was proposing to make application for a security for costs order a...

7. BG & BG v Hakaoro [2013] NZIACDT 63 (19 September 2013) [pdf, 157 KB]

   ...no application to conduct an oral hearing and I am satisfied it was not necessary or appropriate to do so. Discussion Mr Hakaoro’s position [49] Mr Hakaoro responded to the Tribunal’s Minute with two documents. The first was styled as a “Statement of Defence” which was not appropriate. It contained comments on the content of the Tribunal’s Minute. The second was a memorandum that largely made the same points as the “Statement of Defence”. [50] The essence of the conten...

8. [2015] NZEmpC 136 Cronin-Lampe v The BOT of Melville High School interlocutory [pdf, 115 KB]

   ...by the defendant Board of Trustees to a determination of the Authority dated 30 September 2013. 3 It relates to the costs awarded in respect of the plaintiffs’ unsuccessful personal grievance claims. c) ARC 25/14: This is a matter where statements of problem filed by Mr and Mrs Cronin-Lampe in the Authority have now been removed to the Court. The removal was made pursuant to a determination of the Authority dated 14 April 2014. 4 The proceedings involve common law acti...

9. Child witnesses in the New Zealand criminal courts [pdf, 795 KB]

   1 Child witnesses in the NZ criminal courts: Issues, responses, opportunities Defence: Was there a week when another relative came to look after you at the address? Child: Pardon? Defence: Was there— Can you hear me? Child: Yeah I can but you're not talking – I don’t, I just don’t get you sometimes. (NZ trial, 2008, 14-year-old witness) Dr Kim McGregor Report 2017 2 This report was

10. [2014] NZEmpC 106 Temara v The Chief Executive of the Ministry of Social Development [pdf, 48 KB]

    ...Following an investigation, a determination was issued on 14 April 2014 dismissing his claim. 1 Costs were reserved. [2] The time for commencing a challenge to the Employment Court against the determination expired on 12 May 2014. Mr Temara’s statement of claim commencing a challenge was received by the Registry on 15 May 2014. A copy of the statement of claim had been sent to the respondent two days earlier at 8 am on 13 May 2014, less than a day after the expiry of the time...