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1. [2021] NZEmpC 35 Radford v Chief of New Zealand Defence Force [pdf, 415 KB]

   ...this proceeding was considered to potentially have an effect on those employment relationships.3 [8] MFAT participated by making submissions and relying on an affidavit by its Principal Advisor, Organisational Capability Team. Agreed Statement of Facts [9] The parties prepared an agreed statement of facts supplemented by affidavits from Ms Radford and Nigel Lucie-Smith, who is a legal advisor employed by the CDF. The following description of events is taken from those so...

2. Fines application forms

   ...been filed in court Also called a 78B application, you can use it to have an infringement fine returned to the issuing authority where you can challenge it. Learn more about disputing a fine Application to dispute that a fine has been filed in court Claim to seized property If your property has been seized by the court to pay someone else's fine, you can use this form to reclaim your property. Claim to seized property Application to cancel warning If you have been sent a warning that your vehic...

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3. Bell v Shadforth [2018] NZIACDT 1 [pdf, 109 KB]

   ...immigration adviser profession; this Tribunal cancelled her licence in its decision MBL v Shadforth [2016] NZIACDT 37. The terms of that decision make clear that it is unlikely she will ever regain membership of the profession. [3] Ms Shadforth filed a statement of reply. It contends the issues in the complaint are academic and, accordingly, are not justiciable. Courts and tribunals only determine live disputes between parties, and should not hear disputes that do not relate to re...

4. WHT - Introduction to the Weathertight Homes Tribunal [pdf, 1 MB]

   Introduction to Weathertight Homes Tribunal Guide to adjudication of claims under the Weathertight Homes Resolution Services Act 2006 https://www.govt.nz/ http://www.justice.govt.nz/ Introduction to Weathertight Homes Tribunal Guide to adjudication of claims under the Weathertight Homes Resolution Services Act 2006 The purpose of the Weathertight Homes Tribunal is to provide speedy, flexible, cost-effective resolution for leaky home claims brought under the Weathertight Homes Res

5. [2019] NZEmpC 117 Hatcher v Burgess Crowley Civil Ltd [pdf, 264 KB]

   ...81(4) must refer to the entire employment period. He also points to the reference in s 142 of the Employment Relations Act 2000 to actions having to be commenced not more than “6 years after the date on which the cause of action arose”. As a claim for holiday pay crystallises on termination of employment, the cause of action arises at that time. This, Mr Hatcher says, supports his interpretation of s 81(4). [12] The rationale behind Mr Hatcher’s argument is understandable....

6. [2022] NZEmpC 175 Invacare New Zealand Ltd v Pyne [pdf, 193 KB]

   ...Authority’s determination. However, after taking advice, it was agreed not to pursue a challenge and to arrange payment to Mr Pyne of the amounts ordered in his favour. Mr Purtill says that he was surprised to receive a copy of Mr Pyne’s statement of claim, which was served one day before the last day for filing a challenge. [8] Having received the statement of claim Mr Purtill sought further advice from the company’s legal counsel and then sought additional input from a h...

7. [2019] NZEmpC 144 CBA v ONM [pdf, 577 KB]

   ...been treated at work, which had resulted in significant ill-health and a long absence. [2] It was common ground that underlying the settlement agreement was an expectation CBA would be able to return to work. [3] Subsequently, CBA filed a statement of problem in the Employment Relations Authority. She said she should have been in receipt of wages from the date of settlement, and that undue delay in the return to work (RTW) process had caused significant stress entitli...

8. [2024] NZEmpC 79 Spring 2017 Ltd vTaifau Judgment. [pdf, 177 KB]

   ...filed in support of the application. Mr Miki describes himself as being associated with the director of the company, and says that he assists in running the company’s business (a bakery). He says that the company’s representative prepared a statement of claim within time and sent it to the company with instructions on how to go about filing it in the Employment Court. The company gave the documents to Mr Miki to file. Mr Miki says that he was not familiar with Court processe...

9. [2015] NZEmpC 107 Zespri International Ltd v Yu interlocutory [pdf, 146 KB]

   ...not the end of the matter because Mr Yu has now proposed a methodology which he says will address properly disputed questions of privilege of documents that may be contained on the laptop. [31] Mr Yu’s proposal is set out as Schedule A to his statement of defence filed on 1 April 2015. It should speak for itself as follows: 1. The defendant is ordered to deliver up the laptop to the plaintiff subject to the following terms and conditions: (a) Plaintiff and defendant are to join...

10. Williams v Cotter-Arlidge - Okaihau 3C2 (2019) 77 Tākitimu MB 51 (77 TKT 51) [pdf, 416 KB]

    ...Cotter-Arlidge, Mere Manning and Hana Cotter in person Judgment: 18 July 2019 JUDGMENT OF JUDGE L R HARVEY Introduction [1] Kevin Williams is an accountant trading as Kevin Williams & Associates. He seeks payment for accounting services he claims were rendered to the Okaihau 3C2 Ahu Whenua Trust. He also says that he was engaged for the work charged for but has not been paid and to that end he has applied for a review of the trust. [2] The trustees deny the claim....