Search Results

1. [2012] NZEmpC 165 Snowdon v Radio New Zealand Ltd [pdf, 68 KB]

   ...COSTS JUDGMENT OF JUDGE B S TRAVIS [1] On Tuesday 14 June 2011, 1 on the application of the defendant, I struck out all references to Mr Quigg or his firm Quigg Partners, Barristers & Solicitors, in the plaintiff’s second amended statement of claim, dated 18 August 2010 (the fraud proceedings). I found that the allegations against Mr Quigg and his firm were made without any evidentiary foundation and I struck them out. [2] I invited Mr Tizard, who is counsel for the...

2. AR v ZI ZIZ Ltd [2014] NZDT 574 (26 May 2014) [pdf, 24 KB]

   ...Facts [1] AR (the applicants) engaged ZI (the first respondent) to represent them in a personal grievance claim against ZI’s former employer in about mid 2012. Payment of $287.50 was made by AR to ZI/ZIZ Ltd (the second respondent) and a statement of problem was lodged in the Employment Relations Authority against the company that had been the applicant’s employer. [2] That company went into liquidation on 25 September 2012 and a further Statement of Problem against AA (th...

3. [2015] NZEmpC 7 Alatipi v CE of the Department of Corrections [pdf, 280 KB]

   ...self-inflicted or caused by another prisoner. He also claimed that the disciplinary process followed by the defendant was unfair and seriously flawed throughout. He sought various remedies under the Employment Relations Act 2000 (the Act), including reinstatement. [2] Mr Alatipi was unsuccessful in his claim before the Employment Relations Authority (the Authority). In a determination dated 28 January 2013, the Authority expressed some reservations about aspects of the p...

4. What happens next

   A person who makes the application or claim is called the plaintiff.A person who has a claim made against them is called the defendant. What happens once a claim has been made After the time for filing a statement of reply has passed, even if a statement of reply has not been filed, a teleconference will be held.  This will not be held straight away and the timing will depend on the Tribunal's workload.  For any queries about a case you are involved in, please contact the case manager....

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   1. Tribunals >
   2. Human rights

5. N Ltd v K Ltd [2021] NZDT 1559 (8 September 2021) [pdf, 94 KB]

   ...representations. Is N Ltd entitled to damages and if so, how much? 11. The Tribunal may make an Order for the seller to pay to buyer the amount of the loss or damage (S.43(3)(f) FTA). The onus lies with the applicant to prove the losses. 12. N Ltd has claimed: $5,000 for the difference in value between a vehicle capable of carrying 13 fare paying passengers and one capable of carrying 12 fare paying passengers; $2,000 for losses associated with the inability to carry a 13th passen...

6. Re Dunstan (Rejection of Statements of Claim No. 4) [2024] NZHRRT 67 [pdf, 159 KB]

   ...referred to in s 76(2)(a) has first been made to the Human Rights Commission (HRC), alleging a breach of Part 1A or Part 2 of the HRA.2 [3] However, where a complaint made to the HRC: 1 This decision is to be cited as Re Dunstan (Rejection of Statements of Claim No. 4) [2024] NZHRRT 67. 2 Section 92B. IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2024] NZHRRT 67 I TE TARAIPIUNARA MANA TANGATA 2 …concerns a judgment or other order of a court, or an act or omission of a court a...

7. [2017] NZEmpC 11 Matsuoka v LSG Sky Chefs Ltd [pdf, 173 KB]

   ...the parties at that stage, and counsel for LSG prepared their submissions for that hearing accordingly. [7] On 20 May 2016, six days prior to the hearing that had been set for the outstanding applications, the plaintiff filed a second amended statement of claim (Mr Matsuoka has subsequently and less controversially filed a third amended statement of claim). The second amended statement of claim was a substantial pleading. Its preparation and filing must have been in contemplatio...

8. MacGregor v Craig [2016] NZHRRT 6 [pdf, 226 KB]

   ...[2] From August 2011 until 18 September 2014 Ms Rachel MacGregor worked for Mr Craig as his press secretary. Her resignation two days before the 2014 election day caused media speculation. [3] On the day of her resignation Ms MacGregor filed a claim of sexual harassment with the Human Rights Commission. The claim was not at that time communicated to Mr Craig. [4] By email dated 29 January 2015 Ms MacGregor sent to Mr Craig an invoice for the work she had done during the election cam...

9. Fehling v Appleby (Strike-Out Application) [2013] NZHRRT 19 [pdf, 54 KB]

   ...embarking upon a detailed consideration of the at times intricate arguments presented by the parties. Background circumstances [3] In their submissions both parties have assumed that the Tribunal is aware of certain “facts” even though the statement of claim and statement of reply respectively are somewhat economic documents. Both do, however, refer explicitly to the decision of the Tribunal in Fehling v South Westland Area School [2012] NZHRRT 15 (6 July 2012, RPG Haines QC Chair...

10. L v EQC [2021] CEIT-2019-0036 [pdf, 411 KB]

    ...High Court affirmed that the relationship between EQC and claimants is an arrangement of insurance.10 However, these cases were concerned with the calculation of levies, and the enforcement of the EQC’s obligations, not fraud. [33] I read the statements in AMP and the Insurance Council cases as establishing that insurance law concepts of fraud may be applied to the issue of whether fraud has occurred in EQC cases. The issue then is whether the insurance law remedy for fraud, of can...