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1. [2024] NZEmpC 31 Halse v Employment Relations Authority [pdf, 206 KB]

   ...application for costs. Background [2] These proceedings have a lengthy and protracted procedural history. They stem from personal grievance proceedings filed in the Employment Relations Authority in January 2020 by Mr Halse on behalf of a former employee of Progress to Health and from a counterclaim filed in February 2020 by Progress to Health against both its former employee and Mr Halse. The counterclaim involves a claim that the former employee breached their employment agr...

2. [2024] NZEmpC 165 Berryman v Fonterra Coopertive Group Ltd - Interlocutory [pdf, 206 KB]

   ...[2017] NZCA 434, [2017] ERNZ 733 at [34]. reasons why he could not meet the orders of the Authority pending the outcome of his challenge. [8] The stay application filed by Mr Berryman’s representative, Ms Lambert, provides additional information about Mr Berryman’s financial circumstances. It refers to him having obtained new employment on less favourable terms. It also refers to Mr Berryman “paying off a large (for them) legal bill” from the Authority proceeding...

3. Greaterex v Preston [pdf, 41 KB]

   ...credit the settlement sum received from the other respondents of $205,000.00. [4] Mr Tim Preston filed a preliminary response to the claim dated 10 March 2009 but chose not to attend the hearing. In his absence the hearing was essentially a formal proof process akin to that followed by the High Court in Body Corporate 191608 v Jontaeshyan Investments Limited & Ors (unreported) [19 February 2009] HC ,Auckland, CIV 2008-404-002358, Asher J. The claimants thus proceed on...

4. Waitangi Tribunal - District 11 Wairarapa [pdf, 2.3 MB]

   ...coast at the mouth of the Waimata River, just south of Te Poroporo (Cape Tumagain), extending to the Manawatu River at its southern reach before entering the gorge. This is an area of about two million acres.! It is unlikely that the described region formed a distinct unit in Maori times. The mountains in the east and coast in the south are clear-cut, but the exact northern line was merely the result of colonial administration boundary drawing. There was also considerable movement through...

5. DH v KQ [2021] NZDT 1654 (9 November 2021) [pdf, 203 KB]

   ...TradeMe advertisement he “copied /pasted” the specifications from a website, and also stated that he was the second owner and was “selling as is, no manuals, nor any packaging”. He argued that this should have given prospective purchasers some form of awareness, so they should research further and check the serial number with the manufacturer. However, I find that these other statements did not communicate clearly that KQ was not sure that what he was selling matched the specificat...

6. NT v HO [2023] NZDT 303 (9 August 2023) [pdf, 109 KB]

   ...of any further deductions he considered were justified from NT’s bond, and has not done so. 17. On this basis I find that HO is liable to pay NT $455.71. Referee: L Trevelyan Date: 9 August 2023 Page 3 of 3 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 a re...

7. DI v EL & N Ltd [2024] NZDT 81 (23 January 2024) [pdf, 134 KB]

   ...on the continuing road. CI0301_CIV_DCDT_Order Page 2 of 3 7. The collision occurred at the intersection of [Street 1] and [Street 2] in [Suburb 1] on a weekday morning at around 8-8.30am, during the normal “rush hour”. [Street 2] forms a T intersection with [Street 1]. [Street 2] is a terminating road and [Street 1] is the continuing road. 8. EL was on [Street 2] intending to turn right across [Street 1] to drive North towards [Suburb 2]. DI was driving down [Street...

8. OT v UB [2024] NZDT 817 (11 November 2024) [pdf, 218 KB]

   ...issues (photos exhibited), and it had last had a Certificate of Fitness check on 22 March 2024 which it passed and which the respondent had completed in preparation for a sale. 8. However, on the occasion of that check, VTNZ noted details on a form listing issues with the van that may be needed to be looked at on its next COF check (September 2024) and the list included reference to certain mechanical issues and “all rust”. CI0301_CIV_DCDT_Order Page 2 of 4 9. Toget...

9. [2017] NZEmpC 33 NZ Meat Workers and Related Trades Union Inc and Anor v AFFCO NZ Ltd [pdf, 208 KB]

   ...obtained instructions, on 23 November 2015 Mr Wicks confirmed that all members who were seasonally laid off at the end of the previous season and who had to yet to be re-employed, would be re-engaged on the terms of the based-on iea. The Union was requested to confirm the names of the members who wished to be re-employed. At this stage, no reference had been made to the possibility of members at Wairoa being re-employed only on a night shift. A response was sought by 27 November...

10. [2007] NZEmpC AC 27/07 Prins & Anor v Tirohanga Group Ltd (formerly Tirohanga Rural Estates Ltd) [pdf, 36 KB]

    PRINS AND ANOR V TIROHANGA GROUP LTD (FORMERLY TIROHANGA RURAL ESTATES LTD) AK AC 27/07 16 May 2007 IN THE EMPLOYMENT COURT AUCKLAND AC 27/07 ARC 12/03 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application for costs BETWEEN JUDI DAWN PRINS AND FRANCISCUS CORNELIUS JOHANNES PRINS Plaintiffs AND TIROHANGA GROUP LIMITED (FORMERLY TIROHANGA RURAL ESTATES LIMITED) Defendant Heari