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1. Director of Proceedings v Nelson (Costs) [2014] NZHRRT 33 [pdf, 60 KB]

   ...“unfortunate appearance of ‘overcharging’” and at [205] comment is made on the inappropriate deployment of Right 4(3). [14.2] Second, the Tribunal was much assisted by Dr Phillipa Malpas, senior lecturer in clinical medical ethics at the University of Auckland. Dr Malpas was called by Mrs Nelson, not the Director. [15] We address first the evidence of Dr Malpas. Her appearance as a witness for Mrs Nelson must be seen against the background that the report by the Deputy Health...

2. GZ v Ke (Luke) Lu [2019] NZIACDT 26 (6 May 2019) [pdf, 113 KB]

   ...his licence to be displayed, he must supervise the staff. He failed to do so in this case. Mr Lu says he will make sure it never happens again. [24] Mr Lu advises that he has already taken a short course in New Zealand immigration law at a university in Australia. He now understands that the professional codes of New Zealand and Australia are different. This is why he actively cooperated with the relevant parties to resolve the complaint and ensure the staff were aware of the...

3. [2014] NZEmpC 65 Tan v Yang and Zhang [pdf, 98 KB]

   WILLIAM TAN v FENGQIN YANG AND JINFU ZHANG NZEmpC AUCKLAND [2014] NZEmpC 65 [9 May 2014] IN THE EMPLOYMENT COURT AUCKLAND [2014] NZEmpC 65 ARC 45/13 IN THE MATTER OF a challenge to the determination of the Employment Relations Authority BETWEEN WILLIAM TAN Plaintiff AND FENGQIN YANG AND JINFU ZHANG Defendants Hearing: 7 and 8 April 2014 (Heard at Auckland) Appearances: T Delamere and C Fredric, advocates for plain...

4. EMPC Effective representation in the Employment Court - perspective from the bench [pdf, 300 KB]

   EFFECTIVE REPRESENTATION IN THE EMPLOYMENT COURT A PERSPECTIVE FROM THE BENCH By Judge Christina Inglis1 1 Judge of the Employment Court, Auckland. 2 Introduction Cases in the Employment Court take many forms. They range from complex arguments about refined legal points to factual disputes. Effective representatives in the Employment Court tend to share a number of common attributes, in...

5. Varela v Devi [2014] NZIACDT 30 (19 March 2014) [pdf, 163 KB]

   ...Sanchez Varela Complainant AND Artika Archina Devi Adviser DECISION REPRESENTATION: Registrar: In person. Complainant: In person. Adviser: S Singh, Singhs Barristers & Solicitors, Auckland. Date Issued: 19 March 2014 2 DECISION Preliminary [1] This complainant says he went to the adviser’s practice and dealt only with unlicensed persons. He says he never met the adviser. It is a crimina...

6. Apostolakis v Attorney-General No. 2 (Strike-Out Application) [2017] NZHRRT 53 [pdf, 201 KB]

   ...case law interpreting the term “vexatious”. It is well-established that a vexatious proceeding is one which contains an element of impropriety. See 5 Commissioner of Inland Revenue v Chesterfields Preschools Ltd at [89] and Burchell v Auckland District Court [2012] NZHC 3413, [2013] NZAR 219 at [16]. To this may be added: [15.1] A proceeding may be vexatious, notwithstanding that it may contain the germ of a legitimate grievance or may disclose a cause of action or a ground...

7. ENVC Hearing 6Oct14 DM expert David Serjeant [pdf, 307 KB]

   ...STATEMENT OF EVIDENCE OF DAVID FREDERICK SERJEANT (PLANNING) ON BEHALF OF DIRECTION MATIATIA INCORPORATED AND OTHERS 30 July 2014 Counsel Acting: K R M Littlejohn Quay Chambers 09 374 1669 littlejohn@quaychambers.co.nz PO Box 106215 AUCKLAND 1143 1 INTRODUCTION 1. My name is David Frederick Serjeant. 2. I hold the qualifications of Bachelor of Town Planning from Auckland University (1979) and Master in Business Studies (Economics) from Massey Universit...

8. [2007] NZEmpC AC 10A/07 Harvey White (formerly X) v Auckland DHB [pdf, 57 KB]

   HARVEY DOUGLAS WHITE (FORMERLY "X") V AUCKLAND DISTRICT HEALTH BOARD AK AC 10A/07 [15 October 2007] IN THE EMPLOYMENT COURT AUCKLAND AC 10A/07 ARC 52/05 IN THE MATTER OF personal grievances removed from the Employment Relations Authority AND IN THE MATTER OF an application for costs BETWEEN HARVEY DOUGLAS WHITE (FORMERLY "X") Plaintiff AND AUCKLAND DISTRICT HEALTH BOARD Defendant Hearing: By memoranda of submissions filed on...

9. [2012] NZEmpC 129 Liu v South Pacific Timber (1990) Ltd [pdf, 121 KB]

   ...plaintiff had chosen to make his present residence elsewhere. 16 [16] It is evident that Mr Liu has close links to New Zealand. He is a New Zealand citizen. He has a wife and two daughters living in New Zealand, who are studying at school and university. He also has some unspecified property here. He appears to have returned from time to time in the past over the course of the last 12 months, having sworn some of his affidavits filed in these proceedings in New Zealand. How...

10. [2015] NZEmpC 178 Twentyman v The Warehouse Ltd interlocutory [pdf, 116 KB]

    ...February 2015 after an investigation meeting over two and a half days in November 2014 and following the receipt of written submissions in early December 2014. [8] Ms Twentyman’s grievances and common law claims for breach of contract were universally unsuccessful in the Authority. It held that The Warehouse Limited (TWL) had not breached the express or implied health and safety terms of Ms Twentyman’s employment agreement with it; that she did not raise her personal...