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1. [2014] NZEmpC 77 Rodkiss v Carter Holt Harvey Limited [pdf, 106 KB]

   ...the purposes of the mediation” attract the statutory confidentiality except possibly where public policy dictates otherwise. Documents which are prepared for use in, or in connection with, a mediation come within the ambit of s 148(1) as do statements and submissions made orally at the mediation or a record thereof. Only documents which come into existence independently of mediation are excluded from this confidentiality. The important distinction is that documents or other c...

2. Cook v Manawatu Community Law Centre (Costs) [2021] NZHRRT 57 [pdf, 168 KB]

   ...papers DATE OF DECISION: 20 December 2021 DECISION OF TRIBUNAL ON COSTS1 INTRODUCTION [1] Following a three-day hearing from 6 to 8 July 2020 the Tribunal, in Cook v Manawatu Community Law Centre [2021] NZHRRT 10, upheld Ms Cook’s claim of an interference with her privacy and awarded damages of $6,000 against the Manawatu Community Law Centre (MCLC) under ss 85(1)(c) and 88(1)(c) of the Privacy Act 1993 (PA) for hurt and humiliation and injury to the feelings of Ms Cook...

3. [2021] NZEmpC 117 Zara’s Turkish Ltd (in liquidation) v Kocaturk [pdf, 378 KB]

   ...not paid her holiday pay. The Authority’s determination [7] The Authority analysed Mr and Mrs Kocatürk’s claims for unpaid wages under the Minimum Wage Act 1983.1 An impediment to Mr Kocatürk’s claims was the age of them. The statement of problem was lodged in the Authority on 8 July 2016. The Authority held that it was not possible to consider Mr Kocatürk’s claims for unpaid (or underpaid) wages for any work performed, or pay said to be owing, that was more...

4. Pillay v New Zealand Transport Agency [2021] NZHRRT 13 [pdf, 179 KB]

   ...Montecarlo car (the car). The car required entry certification in accordance with New Zealand Transport Authority (NZTA) requirements as well as some repair work. Mr Pillay was dissatisfied with the repair and certification of the car, so he filed a claim in the Disputes Tribunal against the NZTA, Vehicle Testing New Zealand (VTNZ), Mr Barlass who was the repair certifier and Bute Collision Repairs, who repaired the vehicle. 1 [This decision is to be cited as Pillay v New Zealand...

5. [2021] NZEmpC 167 UXK v Talent Propeller Ltd [pdf, 379 KB]

   ...accordingly made. [22] The Authority advised the parties that they would be contacted in due course to make arrangements for an investigation of the balance of TPL’s claims, as well as a personal grievance which UXK had by then raised. [23] Other statements of problem were also filed in the Authority by UXK on other matters. These cases were assigned to the same Authority Member. Two of the other cases are relevant for present purposes. [24] The first proceeding was file...

6. [2018] NZEmpC 109 A Labour Inspector v Daleson Investment Ltd [pdf, 201 KB]

   ...counsel for defendant Judgment: 20 September 2018 INTERLOCUTORY JUDGMENT OF CHIEF JUDGE CHRISTINA INGLIS FOLLOWING TELEPHONE DIRECTIONS CONFERENCE HELD AT 9.30 AM ON THURSDAY 20 SEPTEMBER 2018 [1] The plaintiff has filed a statement of claim, challenging a determination of the Employment Relations Authority imposing penalties in the sum of $220 against the defendant company.1 The plaintiff has elected not to pursue the challenge by way of hearing de novo. Ra...

7. Te Manutukutuku (Issue 82) [pdf, 14 MB]

   ...tētehi wāhi. Kāti, ka whakairihia ake ki te ingoa Kete Pūputu te aronga ki a Raukatatauri me te whirikoka o Hine-te-iwaiwa mā, e mana ai ngā tū kōrero, ngā tū tauākī ki te tūāpapa o Mana Wāhine. The name ‘Kete Pūputu’ is drawn from statements such as those made by Bruce Biggs urging people to ‘whaowhia te kete mātauranga’, fi ll your knowledge basket. There are statements still older again associated with mana wahine. For instance, a similar statement appears in...

8. KBN v Wharekura [2019] NZIACDT 80 (9 December 2019) [pdf, 126 KB]

   ...above, a statutory ground of complaint to the Tribunal is dishonest or misleading behaviour. [41] Mr Wharekura’s conduct in falsely advising the complainant that he had made a submission to the Associate Minister, falsely advising updates (even claiming that he had made a phone call) and then creating fake emails from the Minister and/or his office which were sent by him to the complainant, is self-evidently dishonest. Mr Wharekura intended to deceive the complainant into believi...

9. [2015] NZEmpC 168 Lawson v NZ Transport Agency interlocutory [pdf, 103 KB]

   ...Stevens v Hapag-Lloyd (NZ) Ltd [2015] NZEmpC 28 at [92]-[95]. 9 Fagotti v Acme & Co Ltd [2015] NZEmpC 135 at [109]. 10 Du Claire v Palmer HC Wellington CIV-2009-485-2638, 29 October 2010 at [23]. discretion. 11 The plaintiff’s statement of claim was filed on 18 May 2015. The defendant filed a statement of defence on 23 June 2015. The application for security for costs was filed on 8 September 2015. The defendant submits that Mr Lawson’s financial positio...

10. Zagorski v Wilkinson Building and Construction Limited [2012] NZWHT Auckland 38 [pdf, 76 KB]

    IN THE WEATHERTIGHT HOMES TRIBUNAL TRI 2010-100-000112 [2012] NZWHT AUCKLAND 38 BETWEEN ROGER JERZY AND SAMANTHA KAY ZAGORSKI Claimant AND WILKINSON BUILDING AND CONSTRUCTION LIMITED First Respondent AND ALLIED HOUSE INSPECTIONS LIMITED Second Respondent AND AUCKLAND COUNCIL Third Respondent AND RICHARD ANDREW JOHN WILKINSON Fourth Respondent AND CATHERINE WILKINSON Fifth Respondent AND TIMOTHY JOHN BURCHER Sixth Respondent AND HITEX BUI