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1. MN v LO [2024] NZDT 199 (12 March 2024) [pdf, 143 KB]

   ...that the cost would be expected to be $2,500.00 - $2,750.00, which would be subject to further assessment when a replacement second hand diff was fitted, and possible further costs. MN says the bike is not worth spending this amount of money and claims a refund from LO of the $2,000.00 he paid and says LO can collect the bike if he wants it. He also claims the cost of the Tribunal fee of $90.00. 2. LO did not attend the hearing as there was no response to the phone number attributed...

2. [2024] NZEmpC 75 Opai v Commissioner of Police [pdf, 161 KB]

   ...filing a challenge to a determination of the Employment Relations Authority dated 20 October 2023, which I refer to as the Authority’s third determination.1 While Ms Opai originally sought to challenge aspects of that determination via an amended statement of claim, the amended claim was rejected for filing on the basis that a fresh statement of claim was required. Because the statutory timeframe for filing a challenge had, by that time, elapsed, leave is required. This judgmen...

3. TH v N Ltd & LC [2024] NZDT 847 (14 October 2024) [pdf, 251 KB]

   ...son turned 18 in December 2013. Mrs H did not pay TH the $15,000. 4. In late 2016, TH instructed LC to begin civil proceedings to recover the debt. LC suffered a serious health issue around that time, so Mr O carried out the work. 5. Mr O’s statement of claim sought: a. Judgment for $15,000. b. Interest at 14% from the date of the breach until the date of judgment. c. Judgment interest in accordance with the District Court Rules until payment. d. Costs. 6. Mr O ob...

4. Re Tai Rakena No. 2 (Rejection of Statement of Claim) [2018] NZHRRT 5 [pdf, 160 KB]

   ...REPRESENTATION: Mr M Tai Rakena in person Ms V McCall for intended defendant (Chief Executive, Department of Corrections) DATE OF HEARING: Heard on the papers DATE OF DECISION: 23 February 2018 DECISION OF TRIBUNAL THAT INTENDED STATEMENT OF CLAIM NOT BE ACCEPTED FOR FILING1 Introduction [1] The issue for determination is whether these intended proceedings are to be accepted for filing. Our decision is that as the Tribunal lacks jurisdiction to hear the intended...

5. [2012] NZEmpC 177 Rimene v P J Doherty & Natusch Group Ltd [pdf, 61 KB]

   ...provides that any party to a matter before the Employment Relations Authority (the Authority) who is dissatisfied with the determination of the Authority or any part of such determination may elect to have the matter heard by the Court by filing a statement of claim in the prescribed manner within 28 days after the date of the determination in question. [2] In a minute dated 24 May 2012, Chief Judge Colgan confirmed that Mr Rimene had filed an application seeking an extension of...

6. [2016] NZEmpC 155 Domingo v Suon and Heng t/aTown and Country Food [pdf, 81 KB]

   ...2000 (the Act). That provision enables the Court to impose a range of sanctions in circumstances where it is satisfied that a person is in breach of a compliance order. [4] The defendant did not file a statement of defence to the plaintiff’s claim within the applicable timeframe and until yesterday took no steps in relation to it. The claim was set down for hearing today by way of notice of hearing dated 29 September 2016. It appears from an affidavit filed on behalf of the...

7. [2019] NZEmpC 39 Rachelle v Air New Zealand Ltd [pdf, 373 KB]

   ...SMITH (Application to strike out part of the proceeding) [1] On 5 March 2019 an interlocutory judgment was released dealing with an application by Air New Zealand Ltd seeking to strike out parts of Ms Rachelle’s fifth amended statement of claim.1 [2] The application was partly successful and Ms Rachelle’s pleading that Air NZ had breached “privacy law” was struck out. Air NZ’s application also sought to strike out a pleading that Ms Rachelle had been unlawfully dismis...

8. [2015] NZEmpC 42 Makana Northland Ltd v Carney [pdf, 93 KB]

   ...such payment to be made no later than 14 days from the date of that determination. That costs award had arisen out of an earlier determination given by the Authority with which Ms Carney had not complied. 4 [7] The plaintiff, Makana, filed its statement of claim in this Court on 22 December 2014. There is no question that it was within time to challenge as of right 1 Carney v Makana Northland Limited [2013] NZERA Auckland 151. 2...

9. [2025] NZEmpC 118 Airways Corporation of NZ Ltd v Small [pdf, 202 KB]

   ...Employment Relations Authority.1 [2] Airways Corporation of New Zealand Ltd is challenging what it says are errors of law and errors of fact in the determination, namely: (a) the failure of the Authority to hold that the unjustifiable disadvantage claims brought by Jared Small are outside the jurisdiction of the Authority, insofar as they relate to actions that occurred prior to 1 Airways Corporation of NZ Ltd v Small [2024] NZERA 362. 3 September 2022, that date being...

10. Apostolakis v Attorney-General No. 1 (Strike-Out Application) [2017] NZHRRT 52 [pdf, 182 KB]

    ...Ms GJ Goodwin, Member Mr BK Neeson JP, Member REPRESENTATION: Mrs K Apostolakis in person Ms D Harris for defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 1 December 2017 DECISION OF TRIBUNAL STRIKING OUT STATEMENT OF CLAIM1 INTRODUCTION The original statement of claim [1] Mrs Apostolakis has been involved in a number of proceedings before the Family Court and High Court. In the present proceedings (filed 17 November 2015) brought be...