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1. Butcher v New Zealand Transport Agency (Third Statement of Claim) [2019] NZHRRT 14 [pdf, 251 KB]

   ...Chairperson REPRESENTATION: Mr S Butcher in person Mr P Rishworth QC and Ms A Todd for defendants DATE OF HEARING: Heard on the papers DATE OF DECISION: 15 March 2019 DECISION OF CHAIRPERSON REFUSING LEAVE FOR THIRD AMENDED STATEMENT OF CLAIM TO BE FILED1 Introduction [1] Mr Butcher has applied for leave to file a third amended statement of claim dated 20 February 2019. The application is opposed by the defendants. In this decision I explain why leave...

2. Dean v Ministry of Social Development (Strike-Out) [2024] NZHRRT 15 [pdf, 218 KB]

   ...delay and is an abuse of process. Mr Dean opposes the strike out application. [3] The issue for determination is whether or not Mr Dean’s claim should be struck out in whole or in part. This requires a determination of whether Mr Dean’s statement of claim meets the test for a valid statement of claim and, if not, whether the Tribunal should exercise its discretion to strike out his claim. [4] The requirements of a statement of claim are well established.2 These are that p...

3. [2011] NZEmpC 26 Benge and others v Air New Zealand [pdf, 259 KB]

   ...defendant Judgment: 29 March 2011 INTERLOCUTORY JUDGMENT OF CHIEF JUDGE G L COLGAN [1] This judgment deals with the defendant‟s application for orders requiring the plaintiffs to give further and better particulars of their amended statement of claim of 5 November 2010. The hearing to determine these opposed applications is the culmination of a series of attempts to establish the pleadings before this litigation can go to trial. Despite a lengthy conference with cou...

4. RM ND and DD v EQC & VERO Insurance New Zealand Ltd (costs) [2023] CEIT-2019-0074 [pdf, 128 KB]

   ...subjective element in considering “bad faith”, the test for “without substantial merit” is objective. The allegations in issue [14] Vero’s position was that it was entitled to decline the claim as it was a term of the policy that all statements made by the trust in support of the policy or any claim made under it be complete and correct in all respects. Vero argued that it was entitled to decline the claim or avoid the policy for breach of the “statements exclusion...

5. [2018] NZEmpC 150 Molenaar v Rigg Stuff Ltd [pdf, 370 KB]

   ...Anna Molenaar has issued proceedings against Rigg Stuff Ltd seeking compensation for several personal grievances she alleges arose during, and at the conclusion of, her employment. [2] Rigg Stuff denies each of the claims and maintains that the statement of claim does not fully and fairly inform it of the issues to be decided. [3] The statement of claim is divided between a personal grievance for unjustified dismissal and other personal grievance claims including alleging unjust...

6. [2012] NZEmpC 159 Q v W [pdf, 2 MB]

   ...defendant Judgment: 18 September 2012 INTERLOCUTORY JUDGMENT OF JUDGE B S TRAVIS [1] The defendant has applied for orders requiring the plaintiff to provide further and better particulars in relation to the further amended statement of claim dated 22 October 2010. [2] As early as 14 December 2010, counsel for the defendant claimed that various pleadings within the further amended statement of claim were deficient and failed to provide sufficient part...

7. [2013] NZEmpC 183 Snowdon v Radio New Zealand Ltd [pdf, 100 KB]

   ...proceedings before the Court would be struck out. In relation to the issue of amended pleadings, as the plaintiff had not by then filed the amended pleadings contemplated by Judge Travis, I directed: ix) If the plaintiff still proposes to file amended statements of claim in any of the proceedings then they are to be filed and served by Wednesday, 20 March 2013. [6] As noted above, an amended statement of claim was filed in each proceeding on 20 March 2013. [7] On 20 May 2013...

8. Defend a claim

   Defend a claim brought under the Privacy Act 2020 You can defend a claim made against you under section 98 of the Privacy Act 2020 by sending a Statement of Reply to the Tribunal. This is an official form you fill in as a defence to the Statement of Claim. Your Statement of Reply must be received by the Tribunal within 22 working days after the day on which you receive the Statement of Claim. Separate forms are for use if you are: named as a defendant in a Statement of Claim under section 98 of...

   Located in:

   1. Tribunals >
   2. Human rights

9. Wild v Ministry for Primary Industries (Strike Out) [2024] NZHRRT 12 [pdf, 239 KB]

   ...Isaacs, Member REPRESENTATION: Ms LC Wild in person Ms A Boadita-Cormican for the defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 25 March 2024 DECISION OF TRIBUNAL1 [1] On 23 June 2021 Ms Wild filed a statement of claim alleging the Ministry for Primary Industries (MPI) had interfered with her privacy by breaching several of the information privacy principles (IPPs) under the Privacy Act 1993 (IPPs 1–4, 6–8, and 10–11). Ms Wild...

10. Kern v Chief Executive Ministry of Social Development (Strike-Out Application) [2014] NZHRRT 50 [pdf, 53 KB]

    ...AUCKLAND BEFORE: Mr RPG Haines QC, Chairperson Mr GJ Cook JP, Member Mr BK Neeson, Member REPRESENTATION: Mr Kern in person Ms J Foster and Ms N Gray for defendant DATE OF DECISION: 10 October 2014 DECISION OF TRIBUNAL DISMISSING STATEMENT OF CLAIM [1] On 14 August 2014 the Chief Executive of the Ministry of Social Development (MSD) applied for an order that these proceedings be struck out or, in the alternative, dismissed. In this decision we explain why these pr...