Search Results

1. [2022] NZEmpC 174 Ashby v NIWA Vessel Management Ltd [pdf, 279 KB]

   ...When there are fewer than 24 people on board there is only one cook; when the number is 24 or more a second cook can be employed. [11] In 2009, Ms Ashby made a formal complaint alleging sexual harassment by the (then) First Mate. Ms Ashby claimed the First Mate made inappropriate comments to her and put inappropriate pictures on her computer. Ms Ashby’s complaint was investigated and upheld; the First Mate was issued with a warning and apologised to Ms Ashby. The minutes of...

2. Thompson v Love [pdf, 23 KB]

   ...of an independent assessment of $1,750.50 plus GST, a total of $28950.50 plus GST. [3] On 2 November 2007 the claimant reduced the sum claimed for repairs to $12,400.00. Mediation was scheduled for 12 December 2007. [4] The amended statement of claim further reduced the sum claimed to $3,954.38. I then cancelled the mediation, as it was no longer cost effective. Counsel for both parties consented to the claim being determined on the basis of written submissions. Coun...

3. [2025] NZEmpC 30  TradeZone Industrial Group Ltd v Stanton [pdf, 167 KB]

   ...that I would not extend the freezing order. This judgment provides the reasoning for that decision. [4] The freezing order made by the Court on 7 February 2025 covered assets of the respondent up to a value of $72,000. That sum arose from two claims which the applicant indicated that it intended to pursue against the respondent: (a) A claim for about $62,000 in substantive damages. This claim arises from allegations that the respondent obtained that amount of money from the a...

4. [2013] NZEmpC 122 FARSA v Air NZ [pdf, 36 KB]

   ...s 178(2)(a) and (c) of the Employment Relations Act 2000 (the Act) the applicants have leave to remove this matter from the Employment Relations Authority to the Court for hearing at first instance. [2] The applicants must file and serve their statement of claim within seven days of today’s date. [3] The respondents will have the period of 14 days following service on them of the statement of claim to file and serve their statements of defence. [4] There is a possibility...

5. [2013] NZEmpC 56 Hamon v Coromandel Independent Living Trust [pdf, 132 KB]

   ...October 2012, 1 I stated that I was satisfied that the Chief Mediator had a legitimate interest in being heard in relation to the public policy exceptions which were apparently relied upon by the plaintiff in support of her claim that certain statements made during the course of the mediation were admissible. I regarded this as an appropriate case for leave to be granted and made the material on the file available to the Chief Mediator. I set out a new timetable for the filing an...

6. Director of Human Rights Proceedings v INS Restorations Ltd [2012] NZHRRT 18 [pdf, 88 KB]

   ...emerge shortly. Preliminary matters [6] There are three preliminary matters. [7] First, Regulation 15(1) of the Human Rights Review Tribunal Regulations 2002 (SR2002/19) provides that a defendant who intends to defend the proceedings must file a statement of reply within 30 days after the day on which the statement of claim is served. A defendant who is out of time may file a statement of reply only with the leave of the Tribunal. [8] By letter dated 20 December 2011 Mr Ballantyne...

7. [2014] NZEmpC 19 Action Plumbing Gas Drainage Services Ltd v Tuhura [pdf, 21 KB]

   ...proceeding before the Authority by David Beck, a solicitor experienced in employment law. On 26 November 2013, Mr Beck and Mr Bell, counsel for the plaintiff, filed the following joint memorandum: The plaintiff has challenged that determination. The statement of claim was filed on 13 October 2013. 1. Further to the filing and service of the plaintiff's application to have this matter heard De-Novo the parties have agreed the following:

8. [2023] NZEmpC 59 Hamilton Civil Plant Ltd v Carr [pdf, 186 KB]

   ...considerations which go both ways. In the particular circumstances, and having regard to the broader interests of justice, I consider it appropriate to exercise the Court’s discretion to grant leave to extend time to file a challenge. [23] The draft statement of claim is to be treated as having been filed. The filing fee on the statement of claim is to be paid within seven days of the date of this judgment. Mr Carr will have the usual time (which will run from the date of this...

9. [2025] NZEmpC 12 Haven Falls Funeral Home Limited v Tepania [pdf, 173 KB]

   ...of such an award, the defendant also points to delays and requests for the notice of discontinuance as a factor to also be considered. [4] At the request of the Court, the defendant subsequently filed a memorandum itemising the attendances claimed and corresponding time allocations, which is set out below. The memorandum did not identify specific items in the Guideline Scale, and the total time allocation recorded in the table is 4.5 days, which is higher than what is sought by...

10. Housing Corporation of New Zealand v Trustees of housing 1B3B2A– Waimanoni 1B3B2A (1996) 19 Kaitaia MB 227 (19 KT 227) [pdf, 3.5 MB]

    ...Evidence was also given that no payments have been made since the 29th March 1995. Mr Mangu Awarau, the borrower, appeared at the proceedings late, and after having been advised fully of what had taken place admitted that he had received notice of the statement of arrears, that the statement was correct and although he denied any liability to Housing Corporation New Zealand, he also admitted that he was a party to the tripartite agreement. The application filed by the Housing Corpora...