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1. Civil Enforcement Form - 208 Filing a financial statement of judgment debtor individual [pdf, 336 KB]

   ...can provide the required information for a financial assessment to be completed – as set out in Section C of this form. If the judgment debtor is an organisation, use form MOJ209/07/18 instead. How is a judgment creditor able to file a financial statement for the judgment debtor? An example of this is when the judgment creditor has issued the judgment debtor with a notice to complete a financial statement and the debtor complies with the request. If the judgment creditor is filing th...

2. BI v U Ltd [2022] NZDT 142 (5 August 2022) [pdf, 101 KB]

   ...handler on 31 March 2016 BI said that the car was stolen from a different location at [Address 2] (his work place). He said he was moving around cars and needed to go to the bathroom and when he returned his car was gone. 6. BI admitted that his statements differed and that was misleading and apologised profusely for doing so. He said this was to avoid extreme embarrassment in front of his employees. He says he made a mistake, and that is only human. 7. In his Police statement date...

3. [2021] NZEmpC 170 Oasis Network Inc v Douds [pdf, 249 KB]

   ...dismissal was unjustified, that lost wages of $7,840 should be paid, and that Ms Douds should be awarded $12,000 compensation for humiliation, loss of dignity and injury to feelings.19 Oasis’ challenge [35] Mr Bosch, on behalf of Oasis, filed a statement of claim raising a non-de novo challenge. On the face of it, the aspects of the determination which are challenged by Oasis relate firstly to the way in which the investigation meeting was held. It is pleaded that as a not-f...

4. [2018] NZEmpC 71 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 347 KB]

   ...Appearances: K Smith and J Greally, counsel for plaintiff M Scholtens QC and G Davenport, counsel for defendant Judgment: 22 June 2018 JUDGMENT OF JUDGE K G SMITH PRELIMINARY ISSUE: RECORD OF SETTLEMENT [1] Caroline Sawyer claims that she has two personal grievances against her former employer, the Vice-Chancellor of Victoria University of Wellington. One of them is a claim that she was constructively dismissed from her position as a senior lecturer in the L...

5. Dunworth v McLachlan [2010] NZWHT Auckland 25 [pdf, 97 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2009-100-000018 [2010] NZWHT AUCKLAND 25 BETWEEN NOEL DEAN AND DYMPNA DUNWORTH Claimants AND NEIL MCLACHLAN First Respondent AND DVK ROOFING AND WATERPROOFING CO LIMITED Second Respondent Hearing: 15 July 2010 Decision: 21 July 2010 DETERMINATION AS TO SERVICE Adjudicator: P A McConnell Page | 2 INTRODUCTION [1] The second respondent in this claim, DVK Roofing and Waterproofing Co Limit...

6. Greer v Police (Strike-Out Application) [2022] NZHRRT 51 [pdf, 143 KB]

   ...Hickey MZM, Member Ms L Ashworth, Member REPRESENTATION: Mr A Greer in person Mr R S May and Mr S B McCusker for defendant DATE OF HEARING: On the papers DATE OF DECISION: 21 December 2022 DECISION OF TRIBUNAL STRIKING-OUT CLAIM1 [1] This decision relates to a claim filed by Mr Greer in the Human Rights Review Tribunal alleging that the Commissioner of Police (Police) failed to respond to an information privacy request he made in 2014 in a timely manner...

7. Phon & Anor v Waitakere City Council [pdf, 82 KB]

   ...failure by those involved in construction to follow the plans as drawn, the technical literature or accepted building practices. 3. The claimants oppose the application for removal on the basis that if the allegations as contained in the amended statement of claim are accepted as correct then there is an arguable claim against the Council and the designer. Mr Rainey on behalf of the claimants also submits that the claimants’ experts support the allegations contained in the...

8. [2010] NZEmpC 9 Smith v Evolution E-Business Ltd [pdf, 36 KB]

   ...law which counsel for Mr Smith submits are likely to arise in this matter, other than incidentally, were set out in the application for special leave. Factual background [4] Only a little of the factual background can be found in the amended statement of problem which claims that while Mr Smith was an employee of Evo he breached confidentiality terms in the written employment agreement on or around the time he had tendered his notice of resignation on 5 January 2009. This was t...

9. [2025] NZEmpC 5 Harte v MERAS [pdf, 337 KB]

   ...the union; and, if not, whether the Court has jurisdiction to hear a member’s claim if no effective remedy would be available.1 1 Harte v Midwifery Employee Representation and Advisory Service Inc [2024] NZEmpC 175. [2] The current statement of claim states that there were two breaches of good faith duties owed by the Midwife Employer Representation and Advisory Service Inc (MERAS) to a member of that union, Jacqueline Harte. [3] In the first instance, it is alleged tha...

10. [2010] NZEmpC 85 SFWU v Searancke [pdf, 29 KB]

    ...amended statement of defence out of time. The defendant’s original statement of defence, filed within time on 19 October 2009, did not seek any relief in response to the plaintiff union’s challenge and, in particular it did not include a counter-claim for reinstatement. By her application dated 26 April 2010, the defendant seeks to file an amended statement of defence, containing a counter-claim seeking reinstatement, increased reimbursement of lost wages from those awarded by...