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1. Ahoy v Henare - Parengarenga 3G Ahu Whenua Trust (2015) 108 Taitokerau MB 66 (108 TTK 66) [pdf, 158 KB]

   ...now at the stage where they resemble more an in banco hearing without the need for evidence viva voce and therefore or otherwise for them to be in Kaitaia has lessened. i. Indeed the evidence for both sides could well be adduced by timetabled statements previously filed and served. j. For the due operation of the Court and the ability of Counsel to do well by the Court and his client Counsel believes that the continued existence of such threats makes it difficult for Counsel to pr...

2. [2013] NZEmpC 196 Labour Inspector MBIE v Civic City Ltd [pdf, 94 KB]

   ...[4] On 25 September 2013 the respondents, as plaintiffs in ARC 77/13, filed a challenge to parts of the Authority’s determination but have elected to proceed other than by hearing de novo. The time for the Labour Inspector to file and serve a statement of defence is still running. [5] On the afternoon of 17 October 2013 the Labour Inspector filed an application for a freezing and associated orders which were referred to a Judge and considered immediately. The Court identified, b...

3. [2017] EmpC 124 Sunair Aviation v Walters [pdf, 175 KB]

   ...challenge, Sunair Aviation then decided that it did wish to challenge the determination. On 19 June 2017, more than 50 days out of time, it filed an application for leave to extend the time to file a challenge.3 It has attached a draft statement of claim to its application. The draft statement of claim is for a de novo challenge to the determination. In it Sunair Aviation says that the Authority was incorrect to find that it was not entitled to its loss of profit for the R...

4. Wai 2180 Taihape inquiry newsletter 3 June 2016 [pdf, 1 MB]

   ...can be found on page 7. Upcoming Dates 11-14 Jul 22 Jul 1 Aug 31 Aug 11-13 Sep 30 Sep 26 Oct 28 Oct 21 Nov Jan-Feb 2017 NKTI Hearing Week 2 – overlapping claimants Final amended statements of claim Draft hearing programme to be released by the Tribunal Draft claimant/counsel Statement of Issues NKTI Hearing Week 3 – Mōkai Pātea Draft Tribunal Statement of Issues 7th Judicial Conference to discuss...

5. Wai 2180 Taihape inquiry newsletter June 2016 [pdf, 1006 KB]

   ...can be found on page 7. Upcoming Dates 11-14 Jul 22 Jul 1 Aug 31 Aug 11-13 Sep 30 Sep 26 Oct 28 Oct 21 Nov Jan-Feb 2017 NKTI Hearing Week 2 – overlapping claimants Final amended statements of claim Draft hearing programme to be released by the Tribunal Draft claimant/counsel Statement of Issues NKTI Hearing Week 3 – Mōkai Pātea Draft Tribunal Statement of Issues 7th Judicial Conference to discuss...

6. [2024] NZEmpC 27 Breen v Prime Resources Company Ltd [pdf, 210 KB]

   ...determining the challenge because the issue between the parties was a dispute; accordingly the dispute resolution procedures provided for in the Act must be followed, rather than the personal grievance procedures. The company filed an amended statement of claim, by agreement, and Mr Breen filed a statement of defence to the amended statement of claim. Further submissions were then advanced by both parties. [6] I held that the Court could not determine Mr Breen’s personal griev...

7. New Zealand Law Society v Faleauto [2009] NZLCDT 19 [pdf, 180 KB]

   ...10.36 pm – email from Mr Faleauto to Ms A stating that legal aid is a budget service that pays very little, that Mr A has more chance of being convicted if on legal aid, and that to get funding Mr Faleauto would have to “show the government our defence”. (Bundle at 062). 59.3 Thursday 13 December 2007 3.32 pm – email from Mr Faleauto to Ms A again requesting “first lot of money” together with other comments that would have placed pressure on the family to pay quickly. This w...

8. Proposals-to-Improve-Court-and-System-Performance.pdf [pdf, 1.1 MB]

   ...defendants can elect jury trial to later in the process so defendants have access to more information and can make more informed decisions about whether to elect a jury trial. This will also provide for more discussions to be held between prosecution and defence and will lead to a reduction in the number of defendants electing a jury trial. 6 Further work on the regulatory and financial impacts of these proposals, or refinements to these proposals, is continuing. Once this work is compl...

9. [2013] NZEmpC 210 MAS Zengrange (NZ) Ltd v HDT Ltd [pdf, 138 KB]

   ...comments on its adoption of the process relate to the whole of the decision rather than to that part of it referred to it in the first sentence of [4]. The grounds of the plaintiff’s challenge [17] These are set out in an amended statement of claim dated 18 October 2013. After setting out background circumstances, at para 15 the statement of claim asserts that the Authority delivered “an oral determination” during a telephone conference call with counsel for t...

10. LCRO 117/2018 VR v BJ (30 August 2019) [pdf, 183 KB]

    ...server’s report to Ms BJ and Ms YL the following day included an “accompanying” photograph. [9] The claimant instructed Ms BJ on 13 October 2016 “to issue liquidation proceedings” for “non-payment of the demand”. On 27 October 2016, the statement of claim, notice of proceedings, and verifying affidavit prepared by Ms BJ were filed in the High Court at Nelson. [10] Service of those proceedings was made on Mr VR’s company on 11 November 2016. Mr VR’s company re...