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1. The Trustees of Part Rotomaha Parekarangi 8 Reservation v Cochrane - Part Rotomahana Pakrekarangi 8 Reservation (2020) 247 Waiariki MB 34 (247 WAR 34) [pdf, 184 KB]

   ...If further time is needed, then counsel should advise the case manager. [23] The orders for discovery as sought by Mr Harvey in paragraph 73 (f) of his memorandum dated 7 September are granted. Counsel are directed to provide the documents as requested in accordance with the timeframes requested. [24] Mr Fisher is directed to respond to Mr Harvey’s 7 September 2020 memorandum urgently. Failing any satisfactory response, the order as set out in paragraph 73 (g) of Mr Harvey’s m...

2. [2017] NZEmpC 97 Nel v ASB Bank [pdf, 216 KB]

   ...cases, there were many examples of conduct which were petty, although obviously disruptive. That conduct needed to be managed and may have required disciplinary action. However, it was not remotely close to that of a senior manager who had formed a romantic attachment to a relatively junior subordinate. A further distinguishing feature was that Mr Nel was a senior manager in charge of Ms A; a manager’s role was to lead by 37...

3. [2007] NZEmpC WC 29/07 Hawkins v Commissioner of Police [pdf, 91 KB]

   ...discharged under s347 of the Crimes Act 1961 2 years later. Mr Brosnahan then wrote a detailed letter on 7 November 2003 to Russell Gibson, human resources manager, who had taken over from District Commander Lammas, in which he provided the details requested in 2001 and specified the remedies sought including reinstatement. [12] The parties then attended mediation which was unsuccessful and Mr Hawkins commenced proceedings in the Employment Relations Authority. The first...

4. Zhang v Samsung Electronics New Zealand Ltd (Strike Out Application) [2023] NZHRRT 42 [pdf, 175 KB]

   ...Dr NR Swain, Member REPRESENTATION: Mr T Zhang in person Mr J Edwards and Ms BJ Shone for defendant DATE OF HEARING: 27 May 2021 DATE OF DECISION: 20 December 2023 DECISION OF TRIBUNAL STRIKING OUT THE STATEMENT OF CLAIM1 [1] Mr Zhang alleged that Samsung Electronics New Zealand Ltd (Samsung NZ) discriminated against him in breach of s 44(1)(b) of the Human Rights Act 1993 (HRA) (which relates to the supply of goods or services) on the basis of his rac

5. How to apply

   ...District Courts scheduling and hearing fee What you must do before you apply to the tribunal To lodge an objection to a valuation with the tribunal, you must first complain to your district council or Quotable Value. What you need to send us Fill in this form and send it to us, along with a copy of the council’s or Quotable Value’s decision about your complaint. Objection to valuation Send your application to the tribunal nearest you You must lodge your objection with the tribunal within 2...

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   3. Land Valuation Tribunal

6. [2008] Olsen v Carter Holt Harvey IT Ltd Full Court [Chief Judge Colgan, Judges Shaw and Couch, AC 45/08 [pdf, 97 KB]

   ...September 2005 for the sale could not be met and negotiations continued throughout September and October 2005. [27] On 29 September 2005, Mrs Olsen applied to Mr Peddie for leave without pay for a period in May and June 2006. Mr Peddie referred this request on to Mr van der Voort saying that he would “leave it for DMS 2005”. Mr Peddie explained to Mrs Olsen that he had done this because she would be employed by DMS 2005 by the time she wanted to take this leave. Subsequently...

7. Brighton v Standing [2012] NZIACDT 43 (24 August 2012) [pdf, 126 KB]

   ...were further applications to Immigration New Zealand, and Victoria ultimately received a residence visa. As Mr Standing’s file has not been made available, the details of this part of the process, and his role, are not presently evident. Victoria requested an explanation from Mr Standing, including a breakdown of costs. He has not supplied it. 4 [22] The Tribunal does not have a copy of Mr Standing’s file; accordingly, there is no continuous record of what Mr Sta...

8. BE v B Ltd [2024] NZDT 364 (30 May 2024) [pdf, 168 KB]

   ...applicant is entitled to a refund of the fees paid, plus the consequential costs of the engineering fees (s32 CGA). 6. An order has been made accordingly. Referee: J Robertshawe Date: 30 May 2024 Page 2 of 2 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for...

9. Mok v Boyd [2010] NZWHT Auckland 29 [pdf, 264 KB]

   ...the responses given by Mr Boyd under cross-examination by Mr Kohler. [52] Kelvin Andrew, is now a retired builder living in the UK and filed an affidavit in support of Mr Tibbits. Parties were given an opportunity prior to the hearing to request that Mr Andrew give evidence by telephone. As no such request was made I admitted Mr 9 Mount Albert Borough Council v Johnson [1979] 2 NZLR 234 (CA). Page | 20 Andrew...

10. [2012] NZEmpC 57 Foai v Air New Zealand Ltd [pdf, 265 KB]

    ...and November 2008, the defendant (Air New Zealand) overpaid Mr Foai, who was then on its payroll, a total of $70,428.04. The company now seeks to recover the nett amount of the overpayment which equates to $42,635.40. It was successful in its claim before the Employment Relations Authority (the Authority) and Mr Foai has challenged that particular determination. Mr Foai does not, at this point in time, dispute the overpayment but he maintains that he received his wages in good fa...