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1. [2014] NZEmpC 78 Workforce Development Ltd v Hill [pdf, 76 KB]

   ...any additional hearing required as a result of such an amendment, regardless of the substantive outcome of the proceedings. [25] The plaintiff will have 10 working days following service of any amended pleadings to file and serve any pleadings in response and to advise the Court, through the Registrar, as to whether it wishes to recall any witnesses or call further evidence. This timetable is set to provide counsel for WDL with sufficient time to reflect on the (extensive) notes of...

2. [2016] NZ EmpC 29 Kilpatrick v Air NZ Ltd [pdf, 93 KB]

   ...she was representing herself included causes of action which could never have been within the jurisdiction of this Court to consider. Once she obtained legal advice, an amended statement of claim was filed on Ms Kilpatrick’s behalf to which a response was required. Mr France also submits that throughout the proceedings, including the hearing itself, the proceedings were prolonged by Ms Kilpatrick’s actions; he submits that there should be uplift in the award of costs as a res...

3. [2016] NZEmpC 6 Tertiary Education Union v Vice-Chancellor University of Auckland [pdf, 100 KB]

   ...did not occur and the defendant simply proceeded to file submissions. It is said that an order for costs in these circumstances would be inappropriate. [24] While the defendant had an opportunity to file a reply, and did so, no substantive response was provided on the points made in respect of the application for an order for costs on costs. I am not satisfied, based on the material before the Court, that the claimed additional costs were reasonably incurred in the particular...

4. McCreath v Attorney-General (Costs) [2016] NZHRRT 4 [pdf, 55 KB]

   ...directed Mr McCreath to file his submissions in opposition by 2 December 2015. He was asked to provide also the length of the term of imprisonment recently served by him, his present employment status, his income and current assets and liabilities. In response Mr McCreath advised the Secretary that he (Mr McCreath) had been ill and would file his submissions by Monday 7 December 2015. Nothing has in fact been filed. [13] On 20 January 2016 counsel for the Attorney-General advised the...

5. Te Ariki o Kahukura v Moore – Manukorihi 1B Section 2 (2013) 313 Aotea MB 254 (313 AOT 254) [pdf, 95 KB]

   ...Whenua Māori Act 1993. The terms of trust are to be finalised by the Registrar, in consultation with the parties, by the end of February 2014. [16] I appoint, per s 222, and conditional on their consent, Katheryn Moore and Andrea Moore as responsible trustees and vests the land in them in that capacity. If they refuse appointment then I will consider alternatives at that time. Until the terms of trust are finalised, the Court standard trust order will apply. [17] The trust...

6. [2015] NZSSAA 008, 13 February [pdf, 43 KB]

   ...be paid for the funerals of people who have been in New Zealand temporarily. Rather, it is intended for people who have made New Zealand their home; people who customarily live in New Zealand with the result that the New Zealand Government has a responsibility towards them. [22] This case raises the issue of how and when someone becomes ordinarily resident in New Zealand. A person immigrating to New Zealand, who has given up their home in their homeland and brought their possessions...

7. [2014] NZEmpC 216 Scarborough v Micron Security Products Ltd interlocutory [pdf, 72 KB]

   ...The defendant is yet to finalise its annual accounts for the year ended 31 March 2014. Mr France has stated that when these are finalised they will be disclosed to the plaintiff. Mr France in his memorandum has also provided an explanation and response to Ms Scarborough’s contentions contained in her submissions in relation to other documents produced so far. As Mr France has pointed out in his submissions, however, if Ms Scarborough is now intending to take the issue of docume...

8. [2015] NZEmpC 15 Vulcan Steel Ltd v Walker [pdf, 80 KB]

   ...between the parties. It was emphasised that under s 4(1A) of the Act the parties were required to be active and constructive in establishing and maintaining a productive employment relationship in which the parties are, amongst other things, responsive and communicative. The parties were urged to undertake urgent steps to repair their relationship, which might include meeting to agree a strategy to diffuse the current tensions that exist between them, and to work constructively...

9. AAD v ZZW LTD [2009] NZDT 9 (9 June 2009) [pdf, 70 KB]

   ...room for mutual interests. However, the conciliator can at any time terminate the conciliation if it considers that there is nothing to be gained from the process. In such a case, it is questionable whether she should have glossed over her initial responsibility to provide mediation, and then proceeded to spend nearly $5,000.00 of the parties’ money on investigations that were largely undertaken either on her own, from confidential witnesses, or with only one of the parties presen...

10. Stratton v REAA & Mathews [2013] NZREADT 37 [pdf, 58 KB]

    ...him it had determined to inquire into Mr Mathews’ complaint against him and did not provide him with an opportunity to respond. [26] Some confusion seems to have occurred in that process as the Committee thought that Mr Stratton had provided a response. [27] In any event, we agree with counsel for the Authority that the issues addressed above (rather than any natural justice issues) are determinative in this case. Our Views [28] We accept that Mr Isac’s letter of 26 October...