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1. Guidelines for Lawyers Drafting Return Applications [pdf, 121 KB]

   ...summary nature of the proceedings it is not always possible to provide supplementary evidence at a later time to plug any evidentiary gap that emerges. So it is good practice to approach the drafting of the first affidavit with an eye to any possible defences either of a jurisdictional nature or one of the positive defences. Be aware also if some jurisdictions have specific requirements in terms of the evidence. This can be checked with the New Zealand Central Authority. For example,...

2. [2015] NZEmpC 193 The Cabinet Place Ltd v Kubesch [pdf, 171 KB]

   ...2014 to 10 March 2015. [3] On 9 April 2015 CPL filed a challenge to the determination. The election it made in the challenge related to the whole of the determination and it sought a hearing de novo. Mr Kubesch opposed the challenge by filing a statement of defence. He did not file a cross-challenge but sought within the confines of the claims he made to the Authority, to have the Court increase some of the remedies awarded to him. This included asking the Court to increase the...

3. Dawson v Auckland Council [2011] NZWHT Wellington 36 [pdf, 242 KB]

   Page | 1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2010-100-000043 [2011] NZWHT AUCKLAND 36 BETWEEN ANTHONY AND ANGELA DAWSON Claimants AND AUCKLAND COUNCIL (formerly known as NORTH SHORE CITY COUNCIL) First Respondent AND OSBORNE PRICE CONSTRUCTION LIMITED Second Respondent AND MARK AND JOANN-LEE FULLER Third Respondents AND GREG PAUL THOMAS (Removed) Fourth Respondent AND IAN BLACK Fifth Respondent AND BARNEY CORNAGA Sixth Respond

4. 2012 to 2015 Ministry of Justice statement of intent [pdf, 962 KB]

   Statement of Intent 2012–2015 E.64 SOI (2012) http://www.justice.govt.nz/ Table of contents Introduction from the Minister of Justice 1 Introduction from the Chief Executive 2 Who we are 4 Our responsibilities 4 Sector leadership 5 What we want to achieve 6 Sector-wide goals 6 The Ministry’s strategy 8 Our performance framework 9 What we will do 10 Making communities safer 10 Maintaining the integrity and improving the responsiveness of the justice system 11 Maintaining...

5. [2016] NZEmpC 114 Hutt City Veterinary Care Ltd v Barr [pdf, 64 KB]

   ...JUDGMENT OF JUDGE K G SMITH [1] The plaintiff was placed in liquidation on 26 July 2016. [2] On 23 June 2016, Chief Judge Colgan issued a minute to the plaintiff containing directions about the proceeding. The plaintiff was informed that its statement of claim did not comply with reg 11 of the Employment Court Regulations 2000 (the Regulations) and it was directed to file and serve a compliant statement of claim within 21 days. The defendant was relieved of an obligation to fi...

6. [2020] NZEmpC 156 McCook v Chief Executive of the Inland Revenue Department [pdf, 181 KB]

   ...plaintiff in the present proceedings. As noted, that order has now been made under s 189 of the Act. [4] In this proceeding, I dismiss Mr Head’s application and reserve the costs incurred in dealing with it. [5] The plaintiffs have filed a sixth statement of claim today, which includes Mr Head as the second plaintiff, and effects what Mr Cranney describes as tidying up amendments. 1 Head v Chief Executive of the Inland Reven...

7. [2014] NZEmpC 93 Prime Range Meats Limited v McNaught [pdf, 108 KB]

   ...in relation to the incident on 10 May 2011. 2 It awarded him $1,250 as compensation under s 123(1)(c)(i) of the Employment Relations Act 2000 (the Act) for humiliation, loss of dignity and injury to feelings. 3 [4] The plaintiff then filed a statement of claim in this Court challenging the Authority's determination on the basis that the defendant had not complained, either in his statement of problem or in his evidence before the Authority that he had been disadvantaged by t...

8. Kotahitanga Log Haulage Ltd v Forest Distribution Ltd - Mangaroa and other Blocks incorporated (2015) 126 Waiāriki MB 14 (126 WAR 14) [pdf, 245 KB]

   ...person who is or was a party to those proceedings or whom leave has been granted by the Court to be heard. 1 113 Waiariki MB 1 (113 WAR 1). 126 Waiāriki MB 16 [7] Judge Clark adopted the statement of principles set out by the Māori Appellate Court in Samuels v Matauri X Incorporation. 2 In that case the Appellate Court stated: [9] Section 79(1) provides a broad jurisdiction to the Court to grant costs in any proceeding....

9. Coleman v Auckland Council [2012] NZWHT Auckland 41 [pdf, 113 KB]

   ...2012 FINAL DETERMINATION Adjudicator: S Pezaro INDEX Background .....................................................................................................3 Does the Council have an affirmative defence to the claim for Unit 112b? .....3 The limitation period for Unit 112b ..................................................................4 Was the Council negligent in issuing the CCC? ..............................................6 T...

10. AB v CD LCRO 332/2013 [pdf, 264 KB]

    ...negligence proceedings on him. [15] [Insurer] and Mr CD agreed that he should defend the negligence proceedings. [16] On that basis, [Insurer] instructed Mr AB to take instructions from Mr CD so he could prepare, file and serve documents in defence. [17] Mr CD provided instructions to Mr AB. [18] Mr AB prepared documents identifying himself as solicitor on the record for Mr CD in the negligence proceedings. He then filed and served those documents in accordance with his i...