Search Results

1. [2020] NZEmpC 155 Head v Chief Executive of the Inland Revenue Department [pdf, 180 KB]

   ...the cut-off date for interlocutory applications would be 18 September 2020. A fresh proceeding and application for joinder would, she said, fall foul of that time limit. However, Mr Head commenced his process that day, albeit in an incorrect form; thus I was not persuaded that this was an impediment. The parties had been appraised of his intentions by the due date. [11] Disclosure was discussed. Ms Service, counsel for Madison, said documents relating to Mr Head could be obtai...

2. Smith v McCallum and Ross (Strike-Out Application) [2018] NZHRRT 47 [pdf, 1.3 MB]

   ...was considerable delay before a case management teleconference was able to be convened. On 1 June 2018, the Secretary emailed Ms Gordon about arrangements for the conference. Ms Gordon replied advising that she was no longer acting for Mr Smith and requested that the Secretary contact his new representative, Kevin Murray. [6] On 11 June 2018, Mr Murray advised the Secretary that he had attempted to contact Mr Smith via telephone and email but had had no response. On 12 June 2018, the Se...

3. [2019] NZEmpC 105 Chief Executive of Manukau Institute of Technology v Zivaljevic [pdf, 217 KB]

   ...to rely upon in order to show that those specific communications did or did not amount to the raising of a personal grievance. [13] MIT says the evidence Mr Zivaljevic seeks to have excluded is highly relevant to the first issue because it forms part of the wider context of the communications between MIT and Mr Zivaljevic during the period in which he claims to have raised his personal grievance and illustrates the understanding both MIT and Mr Zivaljevic had in relation to the...

4. Complaints Assessment Committee 413 v Kumandan [2018] NZREADT 75 [pdf, 151 KB]

   ...for conduct amounting to disgraceful conduct under s 73(a) of the Act. His licence was suspended for a period of 12 months by the Tribunal on 13 April 2013. On that occasion Mr Kumandan had forged signatures on two Confirmation of Settlement forms which he sent to the solicitor acting for both parties making it appear as if the transactions had settled when in fact neither had. The conclusion that we draw is that Mr Kumandan did not learn his lesson from this earlier appe...

5. [2022] NZEmpC 94 BD v FG [pdf, 175 KB]

   ...unavailable; and the limited assets held by the first respondent support this view. 4 See A v B, above n 3, at [38]. [12] I am satisfied too that it would be just to make the ancillary orders sought for the purposes of eliciting information relating to assets relevant to the freezing order.5 [13] I do not overlook the potential impact of the making of freezing orders on the first respondent. That impact is, to some extent, mitigated by the fact that she currently re...

6. 6352184 BORA vet Briefing to Attorney General Conversion Practice Prohibition Legislation Bill [pdf, 202 KB]

   ...well- being of the person who is subject to them, the more so when the subject is particularly vulnerable to harm by reason of their age or state of health. Under the Bill conversion practices will be criminalised. The Bill proposes one offence for performing a conversion practice on a person under 18 or lacking decision-making capacity, punishable by up to 3 years’ imprisonment and another where the conversion practice causes serious harm, punishable by up to 5 years’ imprisonment. T...

7. [2021] NZEnvC 112 Tahuaroa v Marlborough District Council [pdf, 562 KB]

   ...lVIarine and Coastal Area (Takutai 1vioana) Act 2011 which bars MDC from taking action regarding coastal marine zone issues in the interim, while such claims are in progress. [5] The appellant submits3 that the cultural/ spiritual activities which form part of the abatement notice do not adversely affect the environment and Mr Tahuaroa intends to work with the Council to mitigate the effects described in paragraph [3] above i.e. by applying for relevant resource consents. The Council...

8. [2021] NZEnvC 145 Klass Waslander v Southland Regional Council [pdf, 197 KB]

   ...the respondent was not opposed to the cancellation, however, as I required more of an explanation, I convened a telephone conference to better ascertain the parties’ position. [6] At the telephone conference I canvased that I required more information from the respondent as to why it is appropriate to cancel the Order. I directed the 4 respondent to file an affidavit with a brief memorandum to explain why it consents. [7] On 17 September 2021 the affidavit and memorandum...

9. [2021] NZEmpC 152 Alkazaz v Enterprise IT Ltd [pdf, 177 KB]

   ...Authority about him in its determination. 3 Employment Relations Act 2000, s 179(2). [7] He also wishes to have Mr Bryant removed as counsel for Enterprise IT, saying he has not been properly instructed by Enterprise IT, but that does not form part of his applications. [8] The reason Mr AlKazaz gives for wishing to strike out Enterprise IT is because he says that Enterprise IT has been placed in liquidation and that there is no agreement from the liquidator that proceed...

10. [2022] NZACC 91 – Burrow v ACC (14 March 2022) [pdf, 138 KB]

    ...unbearable pain causing her to medicate and thus to sleep more, she received documents from her advocate by post as she was not “technical” and she did not have a workable printer, and, due to COVID factors, she was unable to go out to get the forms printed and posted back to her advocate promptly. 2 [3] On 11 March 2022, the Corporation filed a memorandum submitting that, given that the Notice of Appeal was a few days out of time, Ms Le Fleming Burrow’s pain issues,...