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1. LCRO 16/2020 PF v VJ (22 September 2020) [pdf, 243 KB]

   ...therefore “incumbent on” Mr VJ to advise any “change of position”. [72] In Ms FB’s view, because Mr PF’s absence from the conference was a “minor matter”, the notice of breach was unnecessary. Instead, Ms FB said DEF could have requested payment of its expenses incurred for Mr PF to attend the conference. [73] Ms FB said any notice of termination would be contested, the dispute resolution provisions in clause 81.1 of the franchise agreement invoked, and costs soug...

2. What happens next

   ...your own case or have a lawyer, or advocate, present it for you. Adjournment You may apply for an adjournment if you can’t attend the hearing on the scheduled date for reasons such as illness, bereavement and other exceptional circumstances. If you request an adjournment, you must also send a copy of that request to the other party or parties. It is recommended that you provide documents supporting your application for adjournment. The Chairperson may consider granting you an adjournment.  Y...

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   1. Tribunals >
   2. Trans-Tasman occupations

3. [2008] NZEmpC WC 13B/08 Mana Coach Services Ltd v NZ Tramways and Public Passenger Transport Union Inc [pdf, 102 KB]

   ...challenge to a determination of the Employment Relations Authority about strike action, include: • whether employees should be paid as originally rostered after a strike was called off; • whether replacement labour was lawfully engaged to perform the work of striking employees; and • whether direct employer communications to employees breached obligations of good faith during bargaining. The causes of action and the Authority’s determination [2] The first ca...

4. AS v Secretary of Justice 3 September 2013 NZRA 00005 [pdf, 72 KB]

   ...Selection Committee’s first-hand knowledge of the Applicant, as to the suitability of the Applicant, whereby it expressed the opinion that the Applicant has a tendency to repeat evidence without providing legal analysis. 2.2.5. The accuracy of information provided by the Applicant leading to the concern that the Applicant was not credible or reliable when that information was considered alongside the verification of a lawyer employed in the Applicant’s firm. This may reflect on th...

5. Rafiq v Commissioner of Police (Costs) [2013] NZHRRT 31 [pdf, 40 KB]

   ...Defendant DATE OF DECISION: 18 September 2013 DECISION OF TRIBUNAL ON COSTS APPLICATION BY DEFENDANT Background [1] These proceedings were heard at Wellington on 11 and 12 April 2012. In a decision given on 23 May 2012 Mr Rafiq’s claim was dismissed. The Tribunal determined that all of the information which the New Zealand Police had refused to disclose in response to Mr Rafiq’s Principle 6 request had been properly and justifiably refused under the Privacy Act 1993...

6. CL v XP 2015 NZDT 743 (27 February 2015) [pdf, 74 KB]

   ...does not say he “must” use the full on-ramp and, even if it did, that does not mean he can simply enter the motorway lane when he runs out of space, regardless of what vehicle is already there. [7] Further, the documents he provided do not form part of the official traffic regulations. The only regulation about merging onto motorways in the Land Transport (Road User) Rule 2004 is clause 2.12(1), which states “A driver must not enter a motorway except at an opportunity and at...

7. DZ v VA, VAV Ltd & VAVU Ltd [2016] NZDT 921 (9 June 2016) [pdf, 86 KB]

   ...Ltd on 27 March 2015 (the domestic flight from Town A to Town B on VAVU Ltd and the international flight on Company A). When DZ arrived at the airport, VAVU Ltd staff advised her that she required a return ticket before being allowed to board. DZ requested VAV Ltd to quickly arrange a return ticket, which they did through Company B. However, even after that, VAVU Ltd staff would not allow DZ to fly because they advised her that one adult cannot travel with two children. DZ cancelled h...

8. [2020] NZEmpC 48 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 337 KB]

   ...for a total of $4,302. The remaining steps amount to 6.098 days which, at the daily rate of $2,230, results in $13,598.54. The combined total is $17,900.54, but that amount should be rounded to $17,900. [12] There are no circumstances to depart form the principle that costs follow the event. The Vice-Chancellor is entitled to an award of costs. Each step claimed on his behalf was necessary to enable him to participate in this proceeding. [13] The application sought costs accor...

9. [2022] NZEmpC 84 Singh v Dhaliwal [pdf, 182 KB]

   ...Auckland. [6] Because there were defects in the affidavit of service, and it was unclear whether personal service on the first defendant had occurred, or whether the second defendant had been served at all, a further affidavit of service was requested. A second affidavit of service was filed confirming that the documents had been served on the first defendant at 15 Bell Avenue, Mt Wellington, Auckland, on 13 December 2021. The affidavit stated that these documents were intended...

10. Paea v McLeod - Succession to Donald Te Whetu McLeod [2024] Chief Judge's MB 1982 (2024 CJ 1982) [pdf, 564 KB]

    ...addition of names to a birth certificate. Ms Insley had five days to file submissions in reply. [15] Submissions were filed by counsel and the matter was set down for hearing on 27 June 2023. On the 19 June 2023 Ms Farquhar sought an adjournment and requested an in- person hearing. [16] On 21 June 2023,10 I issued directions that the respondent file the medical records of the deceased with the Court and an affidavit from the Registrar of Births, Deaths and Marriages, should they ag...