Search Results

1. [2024] NZEmpC 49 Chantama v McKerchar Lamb Limited [pdf, 245 KB]

   ...Analysis [13] The question in this case is whether Mr McKerchar’s presence may enable the Court to more effectually dispose of the matter before it according to the substantial merits and equities of the case. [14] Mr Chantama filed an affidavit in support of his application. In his affidavit, Mr Chantama says that he and Mr McKerchar worked closely together during his employment; setting up and running MLL’s restaurant business in which he was to work as a chef, that Mr...

2. [2024] NZEnvC 192 Auckland Council v Eco Earth NZ Limited [pdf, 211 KB]

   ...general earthworks greater than 2,500 m2 a restricted discretionary activity. (d) a breach of Rule E12.4.1(A10) which deems general earthworks greater than 2,500 m3 a restricted discretionary activity. The adverse environmental effects [10] The affidavits of Mr Stiles and Mr Corbett set out the adverse effects arising from the works. These effects include: (a) the potential for slope stability failures to affect the Site and extend onto neighbouring properties; (b) explosion...

3. [2024] NZEmpC 144 A Labour Inspector of MBIE v Elements Therapeutic Massage Limited and other(s) [pdf, 189 KB]

   ...[10] ETM (no longer trading) and Mr Du have been served with the challenge to the first determination and the application for leave to extend time to file a challenge to the second determination. [11] The Labour Inspector has filed an affidavit setting out the efforts made to serve Mr Zhang, which have been unsuccessful. These include: (a) Mr Zhang was the sole director of ETM when the Labour Inspector began its investigation in 2018 for breaches of the Minimum Wage Act...

4. [2024] NZEmpC 58 Cunningham v HealthAlliance NZ Ltd. [pdf, 202 KB]

   ...injuriously affected by a stay; (d) the extent to which a stay will impact on third parties; (e) the novelty and/or importance of the questions involved; (f) the public interest in the proceeding; and (g) the overall balance of convenience. Affidavits and submissions have been filed [7] Mr Cunningham’s evidence is that following the termination of his employment with the defendant he was without work for 13 months. During this time he serviced his financial obligations as...

5. [2024] NZEmpC 229 BDX v PZY  [pdf, 183 KB]

   ...the proceedings, the parties acknowledge that the issue of non- publication is a matter for the Court and that the Court needs to be satisfied that the test for permanent non-publication orders is met. Both parties have filed an application and affidavit evidence in support of their application for permanent non- publication orders. [4] A summary of the key grounds relied on in the applications includes: (a) The Authority’s determination refers to issues of alleged sexual harassm...

6. [2025] NZEmpC 23  LAF v MEC & NIR [pdf, 217 KB]

   ...First, there must be a proceeding within the jurisdiction of the Court or the Authority to which the application relates. [10] Second, a written and signed undertaking as to damages must be filed with the application, and evidence provided (via affidavits) of the applicant’s financial ability to meet an order for damages pursuant to the undertaking. [11] Third, a draft order must be filed which refers to the undertaking as to damages. [12] Fourth, the applicant must show: (a)...

7. [2024] NZEmpC 85 Pacific Insulation Ltd v Lagera & Anor [pdf, 182 KB]

   ...Relations Authority against the respondents. [3] Because the Court has not yet heard from the respondents, the untested evidence has been summarised but with enough detail so that the basis for the orders can be understood. Pacific Insulation’s affidavit evidence was provided by Thomas Woollen, who is one of its two directors. [4] Mr Lagera was employed by Pacific Insulation until 7 May 2024. Pacific Insulation says that Mr Lagera had control of the day-to-day operations of...

8. [2012] NZEmpC 209 The Pulp & Paper Industry Council of the Manufacturer& Construction Workers Union v Norske Skog Tasman Ltd [pdf, 114 KB]

   ...interim injunction, they would seek an urgent de novo hearing, a fixture for which was able to be provided some 12 days after the filing of the application for interim relief. The parties were also able to agree that the evidence would be by way of affidavits and neither sought the other’s witnesses for cross- examination. [6] The parties are to be congratulated on this expeditious means of disposing of what was clearly an urgent dispute. Factual background [7] The plainti...

9. [2014] NZEmpC 235 Rutherford Street Kindergarten v Chilton [pdf, 119 KB]

   ...dismissal was raised within 90 days of Ms Chilton’s dismissal. 1 The Authority also directed the parties to attend mediation. [2] For the purposes of this judgment I have reviewed the Authority’s determination, the pleadings, comprehensive affidavits, and submissions. Because 1 Chilton v Rutherford Street Kindergarten Committee [2014] NZERA Christchurch 77. the Authority will, unless matters are otherwise resolve...

10. Legal aid fee schedules excluding CMM [pdf, 392 KB]

    ...(s33(3)(b) Criminal Disclosure Act 2008) $350 For:  Taking instructions, attending the client  Receiving and reviewing disclosure  Identifying legal and factual issues  Preparing and filing notice of appeal  Preparing affidavits  Undertaking research  Liaising with Crown, prosecution  Considering Crown, prosecution submissions  Preparing submissions for hearing  Interviewing/cross examining witnesses  Liaising with the High Court...