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1. BORA Films, Videos and Publications Classification Amendment Bill [pdf, 104 KB]

   ...with NZBORA. Nonetheless, a number of issues arose which required fuller analysis in order to be able to establish NZBORA consistency, viz, (1) provisions allowing for search and seizure; (2) the expansion of offence provisions that exclude mens rea defences; (3) provisions restricting expression or providing for forced expression. Outline of the Bill 2. The Bill amends the Films, Videos and Publications Classifications Act 1993 ("the Act") to address changes that have occurr...

2. [2010] NZEmpC 53 Mars NZ Ltd v MCWU & anor [pdf, 15 KB]

   ...an hourly rate of $120 for union executive time is excessive. The plaintiff challenges the defendants’ claims for disbursements saying that these are not individually itemised and should not therefore be awarded. The plaintiff says that the statement of defence filed at the hearing was in the nature of a “pro forma” defence which would have required minimal time and that the defendants did not prepare or call any evidence. To complete the picture, the substantive hearing sc...

3. CPA Case Management Memorandum [doc, 326 KB]

   ...Estimated trial length: Attachments and written submissions delete or strikethrough any that are not attached; If not attached but to be filed, list and provide anticipated filing date summary of facts list of previous convictions victim impact statement protocol annex sentencing submissions sentence indication submissions written application (specify below) other (specify below) Part A: Charges (complete as applicable) Crown charge notice (mark if changes t...

4. [2010] NZEmpC 129 Metallic Sweeping (1998) Ltd v Ford [pdf, 64 KB]

   ...which dismissed them in its determination dated 6 August 20091. The Authority reserved costs which were then the subject of written submissions and determined on the papers2. The plaintiff challenges that costs determination and, in its statement of claim, sought a hearing de novo. [3] A statement of claim was filed in the Court on 26 November 2009 but a copy was not properly served on the defendant until 31 March 2010. The period of 30 clear days in which the defendant...

5. [2010] NZEmpC 103 Coy v Commissioner of Police [pdf, 75 KB]

   ...than a week. [2] First, I set out the principles by which the admissibility of the evidence intended to be called by the plaintiff, and which is challenged, will be determined. The starting point as always is the pleadings, the most up to date statements of claim and defence. Ms Coy’s case consists of a number of personal grievances against her former employer. These include unjustified disadvantage in employment and unjustified constructive dismissal. A constructive dismissal...

6. National Standards Committee v Denham [2017] NZLCDT 10 [pdf, 96 KB]

   ...meet with Anna Marie (sic) on Thursday.” [15] Apparently the mediation did not proceed, because on 30 October the third Whaleoil blog appeared referring to steps taken by the Kristin School Board to reassure parents. The blog ended with the statement “Remember, It’s Not OK”. This statement parrots the slogan of a stopping domestic violence public information campaign. Ms Denham obviously read this as a tongue in cheek reference because she said in a text in response that...

7. [2019] NZEmpC 15 Downer NZ Ltd v Livingstone [pdf, 226 KB]

   ...for a very small sum, the determination has wider ramifications for past and future dealings with other employees where calculation of payment of salary for broken monthly periods is involved. Pleadings [7] Downer has applied to amend the statement of claim. This amendment adds a head of relief or remedy as follows: A declaration that it was an implied term of the employment agreement between the plaintiff and the defendant that the defendant’s hours of work were...

8. [2019] NZEmpC 189 McCook v Chief Executive of the Inland Revenue Department [pdf, 217 KB]

   ...in that instance, the documentation entered into between the plaintiffs in that case and the joined labour hire entities was unclear.11 It is not asserted that such difficulties exist here; rather, the plaintiffs in this case acknowledge in their statement of claim that they entered into written agreements with Madison, styled as employment agreements. Disposition [26] I grant the application for joinder of Madison, the criteria of s 221 being made out. It is preferable to joi...

9. BU v YA LCRO 153 / 2010 (21 April 2011) [pdf, 90 KB]

   ...pursuant to s42 is in fact the same as the test for lodging a caveat, notwithstanding the commentary to rule 7.04. However, my decision does not stand or fall on that particular view. [34] One of the factors put forward by the Respondent in his defence, is that the decision to register the Notice of Claim was made by Mr XY, QC. The notice of claim was forwarded to the Respondent by Mr XY, prepared and signed. The Respondent therefore acted only to register the notice. This is not...

10. [2016] NZEmpC 168 Borsboom (Labour Inspector) v Preet PVT Ltd & Others [pdf, 118 KB]

    ...that assets of the respondents to that value should not be removed or disposed of. Assets within the jurisdiction [30] The Labour Inspector has filed evidence that each respondent has assets within the jurisdiction. [31] Financial statements in respect of both Preet and Warrington have been placed before the Court. According to those statements, each such entity apparently held significant stock on hand as at March 2016. Each is also recorded as owning plant, equipm...