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1. Middlemass & Ors as Trustees of the SE & SD Middlemass Family Trust v NZ Log Chalets Ltd [pdf, 144 KB]

   CLAIM NO: 00792 UNDER The Weathertight Homes Resolution Services Act 2002 IN THE MATTER OF an adjudication BETWEEN: STUART EMERSON MIDDLEMASS SALLY DIANA MIDDLEMASS and BAILEY INGHAM TRUSTEES LIMITED as Trustees of the SE & SD MIDDLEMASS FAMILY TRUST. Claimants AND NZ LOG CHALETS LIMITED First Respondent (Intituling continued next page) Hearing: 31 October, 1, 2 & 3 November, 2005 Appearances: Ms Whitfield and Ms McDo...

2. [2024] NZEmpC 238 Preece v Synlait Milk Ltd [pdf, 224 KB]

   ...such as vaccination, masking or testing of her body. She asserted that Synlait had unilaterally changed her employment agreement. Ms Preece also claimed that Synlait had breached legislation related to her workplace. [18] Ms Preece lodged her statement of problem with the Authority on 27 April 2023, and that was served on Synlait the next day. The statement of problem referred to alleged unjustifiable disadvantage personal grievances and an alleged unfair dismissal. [19] The i...

3. Slade - Parengarenga 3G (2014) 87 Taitokerau MB 46 (87 TTK 46) [pdf, 121 KB]

   ...Henare, Darryn Henare, Margaret Dixon and Stephanie Henry) and issued injunctions and other orders. The four trustees have failed to comply with the injunction orders. [23] I have also issued summonses to Kiwibank which has now provided bank statements that disclose inter alia that between September 2012 and September 2014 the Trust paid out of its bank account (among other payments): In excess of $200,000.00 to the Stephen Henry Whānau Trust (of which Stephen Henare and Step...

4. 2017 Decisions of public interest

   ...constitutes important issue of law considered - important of law established -  application granted. [2017] NZEmpC 156 Coomer v JA McCallum and Son Ltd (Judgment of Judge K G Smith, 8 December 2017) COSTS – SUCCESSFUL PARTY – unjustified disadvantage claim successful at Authority – constructive dismissal claim dismissed – wages claim unsuccessful – successful party awarded costs but reduced to recognise partial lack of success – plaintiff achieved success only through lodging c...

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5. [2007] NZEmpC AC 42A/07 Otene v A G Walters & Sons Ltd [pdf, 16 KB]

   ...leave to proceed out of time, it soon withdrew that opposition. [3] A telephone conference call was held with a Judge on 2 November 2006 at which, among other things, the issue of security for costs was discussed. The defendant filed and served a statement of defence on 4 December 2006. The parties having agreed to participate in a judicial settlement conference, the defendant presented its memorandum for this conference on 14 March 2007. Nothing further was heard from the plaint...

6. [2019] NZEmpC 185 Phoenix Publishing Ltd v Thompson [pdf, 296 KB]

   ...to Ms Thompson. [4] On 29 March 2019 Phoenix Publishing challenged the determination. It did not seek a full hearing, confining its case to whether the Authority had jurisdiction to impose a penalty. [5] Two reasons were pleaded in the statement of claim to support the challenge. The first of them was a claim that, at the time the Authority made its decision, there was no breach of any employment agreement because the defendant’s “cause of action had merged with the Aut...

7. [2021] NZACC 20 - Jamieson v ACC (28 January 2021) [pdf, 160 KB]

   ...correct and dismissed Mr Jamieson’s appeal. The Corporation advised the Court that it wished to apply for costs and a timetable for the filing of submissions was fixed. Submissions have now been received from both parties.1 [2] The Corporation claims costs in the sum of $6,303 calculated on a 2B scale basis. Mr Jamieson opposes the application. 1 I understand that the Corporation’s submissions were filed outside of that timetable by a few days and Mr Jamieson oppose...

8. Kotahitanga Log Haulage Limited v Forest Distribution Limited - Mangaroa (2015) 121 Waiariki MB 149 (121 WAR 149) [pdf, 162 KB]

   ...Waiariki MB 152 contractual. There are no applicant parties with any interest in Māori land and the debt, demand or damage claimed does not relate to Māori land. [13] There was also an issue taken with the late filing of the amended statement of claim. However in submissions before me today, counsel confirmed that that matter was no longer pursued and neither was the dismissal application. If this Court accepted that jurisdiction was not established then the respondent...

9. [2017] NZEnvC 106 Wallace Group Limited v Auckland Council [pdf, 445 KB]

   ...Whether or not there had been any submitters or further submitters on the Proposed Plan who would need to be advised of the High Court Ruling and that they might become parties to the appeal; and (b) Whether or not the parties agreed with HNZ's claim to status as an interested party. [5] As already indicated, opposition was brought by the Appellant. [6] The Court called for submissions. [7] The Council having indicated that it would abide the Court's decision on the ....

10. Juan v Ramos [2015] NZIACDT 48 (07 May 2015) [pdf, 134 KB]

    ...New Zealand, the Tribunal has found she failed to address the central element of Immigration New Zealand’s concerns. Accordingly, her response did not meet minimum standards of professional service delivery. The complaint [7] The Registrar’s Statement of Complaint put forward the following background as the basis for the complaint: [7.1] Immigration New Zealand declined to grant the complainant a work visa, but did issue a visitor visa valid until 17 September 2012. He applied for...