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1. Owners of 52 Aitken Terrace [2012] NZWHT Auckland 40 [pdf, 89 KB]

   ...sufficient information to identify when specific work was completed and council records are often incomplete. In these circumstances she considered it reasonable to take into account the dates of council inspections and the dates those inspections were requested to determine the likely date the work was completed, even if it may not produce an exactly accurate result. [11] The High Court has consistently held that the built by date is the point at which the house was physica...

2. [2023] NZEmpC 96 Halse v Employment Relations Authority [pdf, 291 KB]

   ...January 2020) in the Authority on behalf of Julie Nicholson in respect of three personal grievances. Progress to Health was named as respondent. [4] Progress to Health filed a statement in reply (dated 11 February 2020), which included a counterclaim. The counterclaim alleged that Ms Nicholson had breached the confidentiality clause in her employment agreement and sought penalties against Mr Halse and CultureSafe for aiding, abetting, inciting or instigating that breach pursuan...

3. [2013] NZEmpC 158 Gapuzan v Pratt & Whitney Air New Zealand Services t/a Christchurch Engine Centre [pdf, 102 KB]

   ...INTERLOCUTORY JUDGMENT OF JUDGE A A COUCH [1] This judgment decides two interlocutory applications made by the defendant. The first is an application for security for costs. The second seeks an order striking out the second amended statement of claim. [2] These applications have been made in the course of proceedings which have been before the Court since 9 July 2012. In the 13 months since they were commenced, the proceedings have involved numerous interlocutory applications...

4. LT Ltd v IU [2024] NZDT 531 (24 July 2024) [pdf, 227 KB]

   ...dismissed. Reasons: 1. In 2020, 2021, and 2022, LT Ltd says it was contracted by TC to supply staff Christmas hampers at [City 1], [Suburb], and [City 2] hospitals. Terms of these arrangements were agreed over a series of emails, rather than a formal, signed contract. While the contract had a commercial basis LT Ltd also viewed hamper project work as part of its community outreach, in support of healthcare workers throughout the impact of the Covid-19 pandemic. 2. In Jun...

5. Pope v Human Rights Commission (Strike-Out Application) [2014] NZHRRT 3 [pdf, 88 KB]

   ...REPRESENTATION: Mr M Ward, agent for plaintiff Ms S Bell for first defendant Ms K Elkin for second defendant Dame Beverley Wakem DNZM, CBE for third defendant DATE OF DECISION: 4 February 2014 DECISION OF TRIBUNAL STRIKING OUT STATEMENT OF CLAIM The application [1] This is an application by the defendants that these proceedings be summarily dismissed ahead of trial on the grounds that the proceedings are clearly untenable as a matter of law. 2 [2] In Mackrell v...

6. Pouakani Claims Trust v Tuaropaki A Trust - Pouakani Claims Trust (2006) 83 Taupo MB 155 (83 TPO 155) [pdf, 663 KB]

   ...applicant sought a futiher adjournment on the grounds that a case stated for the opinion of the High Comi per section 72 of the Act was being contemplated. A telephone conference was held on 15 June 2005 where counsel for the applicant restated the request for an adjournment without disclosing the basis for the section 72 application to the High Couti. Then on 17 June a final conference was held by telephone where counsel for the applicant formally withdrew the application. Submissi...

7. D Ltd v QT Ltd [2021] NZDT 1468 (21 January 2021) [pdf, 234 KB]

   ...denies telling Mr N that there is no need for him to get his own asbestos report or that he had the report and would give Mr N a copy. He said that he did not get a copy of the report until 12 September, when QT Ltd forwarded to him (on Mr O’s request) the copy that NQ had emailed to QT Ltd at 12.42pm on 11 September 2017. He denied knowing that it was limited test and report and not sufficient for demolition purposes. 17. I prefer Mr O’s evidence in this regard over the eviden...

8. Sax v Commissioner of Police (Strike-Out – Privacy) [2022] NZHRRT 34 [pdf, 247 KB]

   ...force at the time the actions subject to this claim were taken. BACKGROUND Filing of claim and response [8] The alleged privacy breaches largely relate to actions by Police in 2011 and the earlier part of 2012. Ms Sax complains that personal information held by Police was inaccurate and that the failure of Police to correct that information and to publish it breached Information Privacy Principles (IPPs) 2 to 11. [9] The Office of the Privacy Commissioner (OPC) investigated a s...

9. Starting a proceeding in the District Court

   ...documents to apply for a variation or discharge of a Restraining Order: Application to vary/discharge a Restraining Order Affidavit Notice of proceeding If you want your address to be kept private, you should also file a notice of residential address and request for confidentiality Fees There are no fees for applying for a Restraining Order. Also see: Requirements for filing documents Where to file documents Serving documents Back to top Interlocutory application – applying for directions o...

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10. [2017] NZEmpC 12 Stormont v Peddle Thorp Aitken Ltd [pdf, 193 KB]

    ...extend the time to file a reply? 1 Stormont v Peddle Thorp Aitken Ltd [2016] NZERA Auckland 28. Analysis [5] Section 237 of the Act provides that regulations may be made prescribing forms for the purposes of the Act and prescribing the procedure in relation to the conduct of matters before the Court. 2 Regulation 6 of the Regulations requires that the Court must dispose of any matter coming before it “as nearly as ma...