Search Results

1. [2019] NZEmpC 189 McCook v Chief Executive of the Inland Revenue Department [pdf, 217 KB]

   ...application. [7] Mr Cranney, counsel for the plaintiffs, submitted in summary: a) The plaintiffs’ case is that the real employer is IR; Madison’s only role was to send persons that were recruited to IR, to pay them as directed by IR, and to perform certain other limited functions as IR’s agent. b) There is a clear and appropriate procedure by which IR could advance its position that Madison is the employer, and not it; that would occur by IR issuing third party proceedings...

2. [2018] NZEmpC 135 Solid Roofing Ltd v Newman [pdf, 232 KB]

   ...is in favour of the stay application being dismissed. 4. Appearing in the affidavit of Samuel Allan Barlow Wilkinson Newman sworn on 17 August 2018. [11] If the Court decides to grant the application for stay of enforcement, the defendant requests that the plaintiff be ordered to pay one half of the total awards to the defendant now and that the balance should be held by the Registrar of the Court pending the outcome of the challenge. Principles applying [12] Section 180 o...

3. Moses-Heeney - Estate of Eric Moses (2018) 201 Waiariki MB 122 (201 WAR 122) [pdf, 282 KB]

   ...disagreement as to whether they should be entitled to succeed as if they were natural children. [3] The matter was last heard on 11 June 2018 and several whānau members provided their views to the Court.1 It was noted that the original intention was to form a whānau trust to vest all the interests received from the deceased. However, it was subsequently proposed that some shares remain in the individual’s names for block voting purposes. Further clarification was also require...

4. [2018] NZSSAA 38 (31 July 2018) [pdf, 214 KB]

   ...attendance given the clear notification regarding the effect of non-attendance. Discussion The Ministry’s evidence [23] The Ministry conducted a substantial investigation into the appellant and XXXX’s circumstances. As a summary, the information produced in the investigation included: [23.1] Some coincidence of addresses and telephone numbers used by the appellant and XXXX. There was also some evidence of cohabitation. [23.2] The appellant and XXXX were identified as nex...

5. L v EQC [2022] CEIT-2019-0038 / 0044 [pdf, 221 KB]

   ...entirety. [13] The Declination Letters advised Ms L that should she not agree with the decision, that she could supply further information in support of her claims, and that EQC would reconsider its decision on receipt of such information. EQC requested that the amounts already paid out to Ms L for the emergency work claimed, be repaid to it. [14] The matter came to a head again two years later in 2015. In a letter to EQC dated 10 June 2015 Ms L offered to repay the amounts sough...

6. PG Ltd v KH Ltd & JC Ltd [2014] NZDT 1346 (31 October 2014) [pdf, 217 KB]

   ...I am satisfied the length and nature of KH’s inaction after discovering the mistake raises a valid estoppel. I dismiss KH’s counterclaim. Referee: J Costigan Date: 31 October 2014 CI0301_CIV_DCDT_Order Page 5 of 5 Information for Parties Rehearings On application of a party to the proceedings, the Disputes Tribunal may order a rehearing of the proceedings, on such terms as it thinks fit. If you wish to apply for a rehearing, you can obtain an applicati...

7. [2022] NZEmpC 3 Tupe v The Board of Trustees of Te Manawa O Tuhoe Trust [pdf, 221 KB]

   ...for the Authority in the first instance and the Court has no jurisdiction to hear them.14 [30] Both parties also made arguments about the reasonableness and practicability of interim reinstatement. I have not considered those arguments as any request for interim reinstatement will need to be filed and considered as a separate application. There is no requirement for leave in that respect. Summary [31] Taking into account the above factors and the overarching consideration of...

8. [2021] NZEmpC 218 Bay of Plenty District Health Board v CultureSafe New Zealand Ltd [pdf, 227 KB]

   ...grant leave for the opposition to be filed out of time. Moreover, indulgences had already been granted to Mr Halse with regard to Court deadlines, including being granted leave to appeal out of time. By contrast, the DHB had not made any such requests in the past. Response by Mr Halse [16] Mr Halse, in submissions relating to the application for leave, says that the DHB’s position throughout this proceeding has been completely without merit, and that counsel for the DHB, and...

9. [2021] NZEmpC 119 Bowen v Bank of New Zealand [pdf, 291 KB]

   ...award. [27] There was no application for costs on this application, and no additional costs are ordered. 11 “Employment Court of New Zealand Practice Directions”, above n 6, at No 16, sch 3 cl 1(b). [28] Finally, I note BNZ’s request for an order removing Ms Bowen’s affidavits dated 18 February and 24 February 2021 from the Court file. I do not consider such an order is required, as the affidavits are not accessible by a third party without the leave of the...

10. Waitangi Tribunal COVID-19 Level 2 Protocol (7 September 2021) [pdf, 158 KB]

    ...restrictions noted below, the Waitangi Tribunal will carry out all usual scheduled work that can be safely supported. This requires the co-operation of all parties to ensure the Tribunal functions at the fullest extent that it safely can in performance of its constitutional role. 3. Under Level 2, the Waitangi Tribunal may hold some in-person hearings. However, for the safety of Tribunal parties and staff, the majority of Tribunal events will continue to be undertaken on the pape...