Search Results

1. [2019] NZEmpC 195 The Chief Executive of the Department of Corrections v JCE [pdf, 377 KB]

   ...department was an order declaring that the Authority had erred in relation to those paragraphs and a declaration that the department’s interpretation of the User Guides was correct. [11] Initially, JCE participated in this proceeding by filing a statement of defence. In a general way he sought to uphold the Authority’s findings but has now applied to strike out the proceeding. 3 Employment Relations Act 2000, subs 179(1) a...

2. [2023] NZEmpC 71 Straayer v Employment Relations Authority [pdf, 228 KB]

   ...s 194(2), the criteria of s 184(1A) had to be met. Those criteria were not satisfied because there had not been a determination of the kind described in the subsection. Thus, there was no reasonably arguable cause of action in Mr Straayer’s statement of claim, which was struck out. [5] I reserved costs, inviting the parties to discuss these directly in the first instance. I indicated my provisional view was that these should be resolved on a Category 2, Band B basis. [6] Sub...

3. [2017] NZEmpC 74 Speed v Board of Trustees of Wellington Girls College [pdf, 121 KB]

   ...commenced against the defendant and others. The second application is by the defendant seeking security for costs against the plaintiff and a stay pending that security being provided. The defendant also seeks an enlargement of time to file a statement of defence until 30 days after any security that is ordered to be paid is, in fact, paid. Background [2] Mr Speed is an experienced teacher. The reason for proceedings having been issued in this Court, and in the High Cou...

4. [2007] NZEmpC AC 49/07 Landmarx Developments (NZ) Ltd v Raman [pdf, 44 KB]

   ...extension of time to file a challenge would be regarded as very substantial and, in most cases, fatal to the application”. He observed that the position is somewhat different when the application is for an extension of time to file a statement of defence as the matter is already before the Court by virtue of the challenge and the granting of the extension to file a defence simply allows the party to participate in the resolution of the dispute which has already been det...

5. [2020] NZIACDT 35 - NZQA (Seavor-Cross) v Jin (7 August 2020) [pdf, 197 KB]

   ...wrongdoing to NZQA, to the client and to herself. He was willing to accept punishment for it. The supervisor noted that it was only the second year since Mr Jin had become a licensed adviser and he had learned his lesson. [25] The Registrar filed a statement of complaint (4 October 2019) in the Tribunal. It alleges that Mr Jin’s conduct was dishonest or misleading, a ground of complaint under the Act, and had breached the Code in the following respect: (1) placed a school log...

6. [2019] NZEnvC 122 Oceana Gold (New Zealand) Limited & others v Otago Regional Council [pdf, 2.2 MB]

   ...Resource Management Act 1991 of appeals under clause 14 of Schedule 1 to the Act OCEANA GOLD (NEW ZEALAND) LIMITED (ENV-2016-CHC-103) ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED (ENV-2016-CHC-102) ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED (ENV-2016-CHC-122) Appellants OTAGO REGIONAL COUNCIL Respondent Environment Judge J R Jackson (sitting alone under section 279(1 )(a) and (e) of the Act) in Chambers at Christchurch S Christensen &...

7. [2022] NZEmpC 95 Kingipotiki v Taplin [pdf, 220 KB]

   ...the purposes of this application, Ms Copeland’s submission that there is a significant cost-disincentive to people in the applicant’s position that it amounts to an effective barrier to them being able to take that step. Potential defences [39] As a without notice application the applicants are required to identify potential defences so far as they can. Ms Copeland advanced the following: (a) There may be a denial of liability. (b) The Trust may attempt to say it r...

8. [2022] NZEmpC 169 Hairland Holdings Ltd v The Chief Executive of the Ministry of Business, Innovation and Employmment [pdf, 223 KB]

   ...notice would be an appropriate step to deal with the problems she identified. Hairland was given an opportunity to comment on the report before action was taken. [3] Hairland was dissatisfied with the Inspector’s conclusions. It lodged a statement of problem in the Employment Relations Authority seeking what amounted to a declaration that the hairstylists named by the Inspector in her report were contractors not employees. [4] Hairland’s statement of problem cited the Chie...

9. Mr X v CAC10026 & Mr C [2012] NZREADT 42 [pdf, 151 KB]

   ...Thus we find that the appeal by Ms Brown should be restricted to a consideration of whether or not there were sufficient grounds under s.89 to make a finding that a complaint be considered by the Disciplinary Tribunal.” [6] Also, we reiterate statements we made in Miller v The Real Estate Agents Authority and McAtamney [2002] NZREADT 25 at paras [32], [33], [35] and [36] as follows: “[32] We are conscious that, under s.74 of the Act, any person may make a written complaint to...

10. 2018 Ministry of Justice Annual Report [pdf, 4.3 MB]

    ...This Ministry has an integral role in New Zealand’s justice system. We provide justice policy advice to the Government, we negotiate the settlement of Treaty of Waitangi claims, we house New Zealand’s largest criminal law firm – the Public Defence Service – we administer legal aid, and we administer New Zealand’s courts and tribunals. We lead the justice sector, and support an integrated sector through strong governance, shared ambition and knowledge, and identifying solution...