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1. Regulatory Impact Statement: Canterbury Earthquakes Insurance Tribunal [pdf, 466 KB]

   ...Proposing Minister Minister of Justice Summary: Problem and Proposed Approach Problem Definition What problem or opportunity does this proposal seek to address? Why is Government intervention required? Around 2 percent of dwelling claims (insurance claims relating to residential homes) stemming from the 2010 and 2011 Canterbury earthquakes are yet to be resolved (numbering around 2,500). These remaining claims are often legally and/or technically complex, and progress t...

2. HRRT Guide to filing a reply [pdf, 462 KB]

   ...your ‘Statement of Reply’ to the Tribunal, and serve a copy of your ‘Statement of Reply’ on the Plaintiff and the Office of the Privacy Commissioner or the Health and Disability Commissioner involved in the matter. What happens after the Statements of Claim and Reply have been exchanged? Once the Statements of Claim and Reply have been exchanged we will contact you to schedule a directions conference. These conferences are usually conducted by phone and will include the Tribun...

3. [2011] NZEmpC 169 Kim v Thermosash Commercial Ltd [pdf, 126 KB]

   ...unethical behaviour which caused emotional harm and permanent physical injuries, and that his employer failed to respond appropriately to a request for extra assistance in October 2007. [5] The defendant has filed an application to strike out the statement of claim in its entirety. The application is advanced on two principal grounds. Firstly, that the statement of claim discloses no reasonably arguable cause of action and secondly, that the plaintiff’s claim for damages and lo...

4. Statement of Claim [docx, 37 KB]

   Guidance on using the statement of claim template About the statement of claim [bookmark: Purpose]To commence civil proceedings in the District Court, you must file a statement of claim. The statement of claim must be accompanied by a Notice of Proceedings (Form 1) and a List of Documents Relied On (Form 6). The content of the Statement of Claim is set by r5.28-5.37 of the District Court Rules 2014. As a minimum it must include a description of the cause of action, a description of the order s...

5. [2015] NZEmpC 152 Juahm Industries Company Limited v Isnanto interlocutory [pdf, 93 KB]

   ...counsel for the defendants Judgment: 2 September 2015 INTERLOCUTORY JUDGMENT OF JUDGE B A CORKILL Introduction [1] The question I must determine in this judgment is whether leave should be granted to the defendants to file a statement of defence. A statement of defence was filed and served one day after its due date; it was followed by an application for leave to file the statement of defence out of time. [2] The plaintiff is a Korean fishing company and at...

6. [2019] NZEmpC 23 Rachelle v Air New Zealand Ltd [pdf, 437 KB]

   ...(Application to strike out part of the proceeding) [1] On 30 October 2018 Air New Zealand Ltd applied to strike out two of the remaining five causes of action pleaded against it by Georgina Rachelle. [2] Ms Rachelle filed a fifth amended statement of claim, dated 18 June 2018, alleging eight causes of action against Air NZ. Those causes of action were: (a) workplace discrimination; (b) harassment and bullying within the workplace; (c) [breaches] of 12 workplace c...

7. [2014] NZEmpC 76 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 52 KB]

   ...stage. Mr Bruce Stewart QC has appeared with Mr Nicholson this morning for the plaintiff, Mr Stewart being recently brought into the matter. He, having considered the proceedings, has indicated that the plaintiff wishes to file a third amended statement of claim. [2] This third amended statement of claim, which has been handed up in a draft or proposed draft form this morning, effectively discontinues the proceedings against the second defendant, Jacob Roest and the thir...

8. Completing, filing and serving documents

   ...unnecessary material, the Judge may refuse to read it and may order you to pay the costs caused by the inclusion of that material. If an affidavit refers to documents, then those documents must be attached and referred to as exhibits. For example ‘Bank statement of plaintiff, dated 01/01/01, marked as EXHIBIT A’. The exhibit itself must be marked with the letter or number assigned to it in the affidavit (for example, the bank statement should be marked with an ‘A’) and be identified by...

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   2. Apply to the Employment Court

9. [2021] NZEmpC 228 Butt v Attorney-General [pdf, 252 KB]

   ...(b) If they are the same, have they already been fully and finally settled between the parties? (c) If yes, then applying the strike-out principles, should the claim be struck out? Are the claims the same? [7] Having compared the two statements of claim, I agree with the defendants that the third amended statement of claim in this proceeding is in substance the same as the second amended statement of claim dated 3 May 2020 in EMPC 396/2019. Were the claims in the earlier p...

10. [2022] NZEmpC 19 Kang v Saena Company Ltd [pdf, 175 KB]

    ...issues could be dealt with on the papers filed, and in light of oral submissions advanced during the course of a telephone conference on 4 February 2022. The three applications are: an application by the plaintiff for leave to amend their statement of claim; an application by the plaintiff to exclude a document from the bundle; and an application by the plaintiff to exclude two paragraphs from a witness’s brief of evidence on the basis that they contain inadmissible state...