Search Results

1. [2012] NZEmpC 81 Little v Secretary for Justice [pdf, 43 KB]

   HAMISH ROBERT LITTLE V SECRETARY FOR JUSTICE NZEmpC CHCH [2012] NZEmpC 81 [17 May 2012] IN THE EMPLOYMENT COURT CHRISTCHURCH [2012] NZEmpC 81 CRC 30/11 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN HAMISH ROBERT LITTLE Plaintiff AND SECRETARY FOR JUSTICE Defendant Hearing: 28 February and 4 April 2012 (by telephone conference calls) By written submissions filed on 19 April and 10 May 2012 Appe...

2. [2019] NZEmpC 2 Clearkin v Geneva Healthcare Ltd [pdf, 276 KB]

   BRONWYN JOY CLEARKIN v GENEVA HEALTHCARE LIMITED NZEmpC AUCKLAND [2019] NZEmpC 2 [23 January 2019] IN THE EMPLOYMENT COURT AUCKLAND [2019] NZEmpC 2 EMPC 2/2019 IN THE MATTER OF an application for leave to extend time to file a challenge BETWEEN BRONWYN JOY CLEARKIN Applicant AND GENEVA HEALTHCARE LIMITED Respondent Hearing: On the papers Appearances: B Clearkin, applicant in person M Manik, agent for respondent Jud...

3. OIA-113556.pdf [pdf, 7.8 MB]

   ...raids. Around 230,000 New Zealanders work in the retail sector. The impact of crime on this group has serious flow-on effects for their families, whānau, and wider communities. Our Government has committed to restoring law and order as a matter of high public priority. In particular, the Government recognises the need to rebalance the needs of victims and communities over offenders. Government law and order targets recently announced have committed to 20,000 fewer...

4. [2015] NZEmpC 91 Burrowes v Commissioner of Police [pdf, 94 KB]

   GARY BURROWES v COMMISSIONER OF POLICE NZEmpC CHRISTCHURCH [2015] NZEmpC 91 [16 June 2015] IN THE EMPLOYMENT COURT CHRISTCHURCH [2015] NZEmpC 91 CRC 8/13 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application for permanent non- publication order BETWEEN GARY BURROWES Plaintiff AND COMMISSIONER OF POLICE Defendant Hearing: (on the papers dated 25, 26...

5. [2014] NZEmpC 104 Gapuzan v Pratt & Whitney Air NZ Services t/a Christchurch Engine Centre [pdf, 78 KB]

   ...leave to amend its application to include that remedy in its application for dismissal on the basis the claim is frivolous and vexatious. g) The other remedies sought are for a penalty and for exemplary damages. It was appropriate for these matters to be considered by the Official Assignee. h) The application for stay is to allow time for the Official Assignee to consider pursuant to s 101 of the Insolvency Act which claims of the plaintiff may be personal and vest in him, an...

6. [2020] NZEmpC 138 Alkazaz v Enterprise IT Ltd [pdf, 188 KB]

   ...to his original claim. Rather, it will be squarely focussed on whether the investigation should be reopened. As the cases make clear, this is only ordered in a limited range of circumstances, where there has (for example) been a miscarriage of justice or where fresh evidence has come to light which could not have been discovered at the time and which would likely make a material difference to the outcome.3 Mr AlKazaz’s challenge will need to establish, by way of reference to re...

7. [2022] NZEmpC 97 Bowen v Bank of New Zealand [pdf, 201 KB]

   ...to make the order.10 Common considerations include the interests of the parties, the merits of the case, whether any impecuniosity results from the defendant’s actions, and any delay. The Court also will consider whether there are access to justice issues that suggest security for costs ought not be ordered, or ought be ordered at a lesser level than might generally be expected.11 In particular, the Court is hesitant to ascribe any significant weight to impecuniosity, especially...

8. [2023] NZEnvC 090 Cossens v Queenstown Lakes District Council [pdf, 173 KB]

   ...the District Court at Queenstown for enforcement purposes. REASONS Introduction [1] On 17 May 2022, Dr Cossens applied to the court for “declaration and enforcement” against Queenstown Lakes District Council (‘QLDC’) in regard to matters in relation to the proceeding of proposed variation to its Proposed District Plan (‘Proposed Variation’, ‘PDP’) (‘Declaration and Enforcement Application’). On 3 June 2022, QLDC sought that the application be struck out (...

9. TU v EN & C Ltd [2024] NZDT 479 (28 May 2024) [pdf, 108 KB]

   ...to C Ltd and, on 5 July 2021, $15,190.59 was paid to C Ltd for completion of TU’s ensuite (the itemised contract price for the ensuite was $25,901.16 (inc.GST). 3. The ensuite bathroom was never completed, and, at the first hearing of this matter, a potential settlement was discussed with respect to the ensuite bathroom, whereby a witness, Mr Q (the LBP builder who carried out most of the work) proposed that C Ltd deduct the costs of completing the bathroom for TU from the amount...

10. KT & SG v D Ltd [2025] NZDT 139 (23 March 2025) [pdf, 196 KB]

    ...decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the proceedings. PLEASE NOTE: Parties need to be aware they cannot appeal a Referee’s finding of fact. Where a Referee has made a decision on the issues raised...