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1. 2017 archive

   ...people very seriously and we are always looking for ways to enhance this. Recently we have had some additional information attached to legal aid applications and amendments to grant with content that we consider extremely sensitive. Court documents, affidavits and specialist reports detailing very specific case information can be upsetting or disturbing to read.  In almost all situations this additional information is not required by legal aid staff in assessing merits of the application o...

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2. [2013] NZEmpC 139 NZ Post Primary Teachers’ Assn v Secretary for Education [pdf, 251 KB]

   NZ POST PRIMARY TEACHERS' ASSOCIATION v SECRETARY FOR EDUCATION NZEmpC WELLINGTON [2013] NZEmpC 139 [23 July 2013] IN THE EMPLOYMENT COURT WELLINGTON [2013] NZEmpC 139 WRC 28/12 IN THE MATTER OF proceedings removed in full from the Employment Relations Authority BETWEEN NZ POST PRIMARY TEACHERS' ASSOCIATION First Plaintiff AND ROBERT GRAY Second Plaintiff AND SECRETARY FOR EDUCATION First Defendant AND C

3. [2014] NZEmpC 213 Hixon v Campbell and Ors substantive [pdf, 264 KB]

   ...no formal step to defend them. That accounts for the delay in finalising the hearing of the case. [4] For the purpose of this judgment we assumed that the Labour Inspector would prove his allegations in the amended statement of claim and on the affidavit evidence filed, although this temporary assumption would not have precluded a later challenge to them by the defendants if the proceedings had survived. All references to events in the following narrative must be read accordingly....

4. Chalecki v ACC [2015] NZACA 1 [pdf, 132 KB]

   ...an issue before me. [33] There is a dispute about whether Mr Chalecki was given this report at that time. I accept his evidence that he was not provided with the report at the time it was produced and did not see it until early 1994 (see his affidavit sworn 11 August 2014, consistent with the Corporation’s file note of 22 June 1992). The undated file summary suggesting otherwise (at p097 of the Bundle of 8 April 2014) is vague and is not contemporary with the events recorded. The...

5. 2017 NZSSAA 020 (5 May 2017) [pdf, 330 KB]

   ...produced. NNE would obviously have been subject to a challenging cross-examination had he been present. The Ministry provided no explanation for NNE’s failure to present for cross-examination. A homecare person (ECI) [17] ECI produced an affidavit which said that she was employed by a child homecare service, through which the Appellant provided some home care facilities at relevant times. She produced some documentary records. She also said that the Appellant’s home was a tw...

6. Proprietors of Potikirua Block Incorporated v Te Kani - Lot 1 Deposited Plan 8212 [2013] Chief Judge's MB 82 (2013 CJ 82) [pdf, 1.3 MB]

   ...omission 19. The Applicant has provided the following documents III support of the subject application: (a) Submissions in support of the application, dated 30 November 2011; (b) An application for Interim Injunction dated 30 November 2011; (c) An Affidavit of Edward Matchitt sworn 30 November 2011, in SUppOlt of the Injunction Application; (d) A Memorandum of Counsel dated 30 November 2011. 20. Unlike most section 45 applications to the Chief Judge which involve an Order of the...

7. The Trustees of the Tauwhao Te Ngare Trust v Shaw - Tauwhao Te Ngare Block and a preliminary decision of the Chief Judge at 2013 CJ 567 [2014] Māori Appellate Court MB 394 (2014 APPEAL 394) [pdf, 377 KB]

   2014 Māori Appellate Court MB 394 IN THE MĀORI APPELLATE COURT OF NEW ZEALAND WAIKATO-MANIAPOTO DISTRICT A20130009145 APPEAL 2013/8 UNDER Section 49, Te Ture Whenua Māori Act 1993 IN THE MATTER OF Tauwhao Te Ngare Block and a preliminary decision of the Chief Judge made on 9 August 2013 at 2013 Chief Judge's MB 567-594 BETWEEN THE TRUSTEES OF THE TAUWHAO TE NGARE TRUST Appellants AND DONALD SHAW Respondent Hearing:

8. [2019] NZEmpC 178 Johnston v The Fletcher Construction Co Ltd [pdf, 340 KB]

   ...and provisioning were not raised with Fletcher Construction until after litigation had started. Mr Johnston began this litigation in the Authority and applied for an order removing the matter to the Court. He supported that application with an affidavit explaining why removal should be granted, but it did not mention recoding or provisioning. Had Fletcher Construction been engaged in activities capable of compromising his professional standing, a reasonable expectation would be f...

9. [2021] NZEmpC 205 WXN v Auckland International Airport Ltd [pdf, 455 KB]

   ...Authority’s determination, or ruled on. [15] AIAL contends it had acted appropriately, and that there was, and is, no basis for an order of interim reinstatement. [16] An application for urgency was heard and granted. After the filing of pleadings, affidavits and submissions by both sides, the hearing of the challenge took place soon thereafter. [17] At the hearing, Ms Fechney, advocate for WXN, confirmed that although the amended statement of claim did not refer to WXN as...

10. [2024] NZEmpC 84 E Tū Inc v Singh [pdf, 378 KB]

    E TŪ INCORPORATED v SHER SINGH [2024] NZEmpC 84 [21 May 2024] IN THE EMPLOYMENT COURT OF NEW ZEALAND AUCKLAND I TE KŌTI TAKE MAHI O AOTEAROA TĀMAKI MAKAURAU [2024] NZEmpC 84 EMPC 275/2023 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN E TŪ INCORPORATED Plaintiff AND SHER SINGH Defendant EMPC 286/2023 IN THE MATTER OF a challenge to a determination of the Employment Relations Authorit