Search Results

1. Registrar of IAA v Ryan - [2019] NZIACDT 75 (7 November 2019) [pdf, 361 KB]

   ...from the clients’ offices. [19] On 9 May 2016, Mr Kerr sent an email to the immigration officer forwarding a formal organisation chart and (verbatim) “last years Financials”. He advised they were still completing the March 2016 financial statements. No financial statements have been sent to the Tribunal. [20] The organisation chart (dated April 2016) showed that the chair of BITE Consulting was Mr ZZ (said to have a law degree). Underneath him was the Asia Pacific ope...

2. Sidhu v Tan [2016] NZIACDT 62 (29 September 2016) [pdf, 159 KB]

   ...banking system to New Zealand. [25] This requirement is not obscure. Working with this requirement is a core competency for a person undertaking LTBV instructions. Mr Tan provided various documentation, which he still relies on; it establishes, he claims, that the money was Ms Sidhu’s, so it does not matter that it did not come from her bank account. [26] However, on 11 March 2014 Immigration New Zealand declined Ms Sidhu’s application for a visa, as she did not comply with the...

3. NQ v QC [2023] NZDT 328 (19 July 2023) [pdf, 118 KB]

   ...settlement agreement). The settlement included an agreement by ED to pay or contribute the sum of $4,500 plus GST ($5,175.00) to NQ’s legal fees and NL, who represented QC Ltd, confirmed that the firm had received this amount from ED. 4. NQ claims that the payment made by ED covers the total fees he was required to pay to QC Ltd under the terms of engagement and he therefore claims a refund of the $1,900.00 paid to QC Ltd. He also claims the Tribunal application fee. 5. QC Ltd...

4. Scarborough v Kelly Services (NZ) Ltd (Application for Non-Publication Orders) [2015] NZHRRT 43 [pdf, 77 KB]

   ...misconduct. Ms Scarborough is seeking by way of remedy (inter alia) three months further work from Kelly Services and Assa Abloy. [5] The allegations made by Ms Scarborough are vigorously contested by Mr McColl, Assa Abloy and Kelly Services. In the statement of reply filed by Assa Abloy Mr McColl says that during the period Ms Scarborough worked at Assa Abloy he had no direct contact with her and did not speak to her or communicate with her in any way either during her assignment or f...

5. [2025] NZEmpC 34  Xu v Pioneer Education and Immigration Services Group Ltd [pdf, 313 KB]

   ...employment by Pioneer.9 He submitted that Mr Xu has not challenged that part of the determination and that the Authority’s finding therefore cannot be relitigated as part of this challenge. [32] I do not accept Mr Harrop’s submission. Mr Xu’s statement of claim indicated that he wished to challenge the Authority’s finding that he had made no attempt to mitigate his loss in New Zealand.10 The statement of defence filed on behalf of Pioneer suggested that Mr Xu could have...

6. Director of Human Rights Proceedings v Hamilton [2012] NZHRRT 24 [pdf, 120 KB]

   ...and if not, the nature of the remedies to be granted. 2 Preliminary matter [2] 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. [3] These proceedings were filed on 17 October 2011. A...

7. [2012] NZEmpC 195 The New Zealand King Salmon Co Ltd v Cerny [pdf, 78 KB]

   ...s 103(1)(b) of the Act whereas in fact it is a claim under s 11 of the Minimum Wage Act 1983 for recovery of arrears of wages under s 131 of the Act. Mr Malone, counsel for the respondents, who was instructed subsequent to the filing of the statement of problem, acknowledged the error and undertook to clarify the position, if necessary, following the issuance of this judgment. [3] The background facts were succinctly summarised by the Authority in its determination in these term...

8. [2022] NZEmpC 128 Straayer v Employment Relations Authority [pdf, 243 KB]

   ...out, a timetable was established for the filing of affidavits and an agreed bundle of documents. Following discussion with Mr Straayer and Mr Cain, counsel for WorkSafe, I directed that the bundle was to contain communications referred to in the statement of claim and the statement of defence, along with any other agreed documents. Three volumes of documents were filed under that direction. [12] However, it appears that when agreeing the contents of the bundle, Mr Straayer wish...

9. IN Ltd v NB [2022] NZDT 74 (22 February 2022) [pdf, 101 KB]

   ...claim is dismissed. Reasons [1] NB purchased a [car] from IN Ltd (“IN”), represented by chief executive KI. IN refunded the purchase price to NB when it initially appeared that there were defects in the car, and NB returned the car to IN. IN claims that the car was returned to it in a damaged condition, and seeks either a return of the refund of $25,367.74 it paid to NB or the cost of repairing the damaged car, estimated to be $17,593.75, and other costs. [2] KI described the c...

10. [2023] NZEmpC 56 Te Whatu Ora – Health New Zealand v Public Service Association, Te Pūkenga Here Tikanga Mahi [pdf, 471 KB]

    ...to an illegal strike. [3] In general terms, it was argued that the requirements of s 83(b) of the ER Act would not be met since the proposed strikes did not relate to bargaining for a collective agreement but to bargaining about a pay equity claim. [4] The application was heard on a very urgent basis on 3 March 2022, with an interlocutory judgment being issued later that day in which the injunction was granted.1 Reasons for the judgment were issued the following day.2 Amongs...