Search Results

1. [2010] NZEmpC 50 Assured Financial Peace Ltd & Prosper With Us Ltd v Pais [pdf, 29 KB]

   ...Institute of Financial Advisors (and which the Applicant will not subsequently relodge at any time); ii. The balance of $14,000.00 to be paid to the Applicant within 6 months of the date hereof; … … This is full and final settlement of all matters that are or may be outstanding between the parties arising out of the employment relationship between the applicant and respondent. We request a Mediator from the Department of Labour to sign these terms because the employment re...

2. Real Estate Agents Disciplinary Tribunal Annual Report 2019-20 [pdf, 193 KB]

   ...30 June 2020 Presented to the House of Representatives pursuant to regulation 17 (b) of the Real Estate Agents (Complaints and Discipline) Regulations 2009 Page | 2 Hon. Aupito Sio Associate Minister of Justice Pursuant to regulation 17(b) of the Real Estate Agents (Complaints and Discipline) Regulations 2009, I have pleasure in presenting the annual report of the Real Estate Agents Disciplinary Tribunal for the 12 months ended 30 June 202...

3. [2022] NZACC 47 – Kelly v ACC (22 March 2022) [pdf, 157 KB]

   ...following principles to guide the exercise of the discretion to grant or deny an extension of time to lodge an appeal: [38] The ultimate question when considering the exercise of the discretion to extend time under r 29A is what the interests of justice require. That necessitates an assessment of the particular circumstances of the case. Factors which are likely to require consideration include: (a) The length of the delay. Clearly, the time period between the expiry of the appe...

4. [2023] NZEmpC 59 Hamilton Civil Plant Ltd v Carr [pdf, 186 KB]

   ...Analysis [10] The Court has a discretion to grant an extension of time to take various steps, including to file a challenge.5 The discretion is to be exercised in accordance with principle. The overarching consideration is the interests of justice. The usual factors that will be considered are:6 • the reasons for the omission to file within time; • the length of the delay; 5 Employment Relations Act, s 219. 6 Stevenson v Hato Paora College Trust Board [2002] 2 ER...

5. TD v SN [2022] NZDT 99 (19 September 2022) [pdf, 99 KB]

   ...she paid to the vet, plus other costs associated with ongoing medication required ($50 every 6-7 weeks) and stress. Issues 11. The issues for the Tribunal to determine are: (a) Whether the parties have come to their own agreement to settle the matter in December 2021; (b) If so, whether that agreement should be disturbed; (c) Whether either party is entitled to payment from the other. Did TD and SN come to an agreement to settle the matter in December 2021? 12. I find that TD and...

6. TL v TF Ltd [2024] NZDT 755 (29 August 2024) [pdf, 165 KB]

   ...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 as part...

7. NM & TX & KC [2024] NZDT 758 (13 November 2024) [pdf, 122 KB]

   ...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 as part...

8. JM v Minister for NZSIS (Interim Name Suppression) [2023] NZHRRT 8 [pdf, 100 KB]

   ...the Court of Appeal is disposed of. THE RELEVANT LAW [8] By virtue of s 95 of the Human Rights Act 1993 (HRA) the Chairperson or Deputy Chairperson has jurisdiction to make an interim order if satisfied the order is necessary in the interests of justice to preserve the position of a party pending a final determination of the proceedings. Section 95(1) provides: 95 Power to make interim order (1) In respect of any matter in which the Tribunal has jurisdiction under this Act to make...

9. OIA-122273.pdf [pdf, 1 MB]

   ...it cannot be said that the claim is bound to fail. 1 [2024] NZSC 5 s9(2)(f)(iv) s9(2)(h) REL EA SE D U NDER T HE OFF IC IA L I NFO RMAT IO N A CT 19 82 DUNCACL Cross-Out 2 Next Steps 14. We are available to discuss the matter at your regular meeting with Justice officials on Monday morning, if you wish. s9(2)(f)(iv) s9(2)(f)(iv) REL EA SE D U NDER T HE OFF IC IA L I NFO RMAT IO N A CT 19 82 OIA 122273 Hall.pdf OIA 122273 Hall - documents.pdf...

10. [2020] NZEmpC 83 Hurst v Hodgson [pdf, 168 KB]

    ...Under s 219 of the Act, the Court may extend the time for doing anything that has not been done within the time allowed. This is a broad discretion and the fundamental principle that must guide the Court in the exercise of its discretion is the justice of the case. Does the justice of the case require that the extension of time sought be granted? In the circumstances leave is granted [4] The usual factors that will be considered on an application for leave to extend time are:4...