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1. [2013] NZEmpC 235 Young v Bay Of Plenty DHB [pdf, 181 KB]

   ...Protected Disclosures Act 2000, had not been resolved by the Bay of Plenty District Health Board (the Board), his former employer. Mr Young claimed that as a result of his making these disclosures, the Board dismissed him unjustifiably. He sought reinstatement in employment with the Board and continues to seek this remedy on his challenge, together with compensation for lost income over the period of about five years since his employment ended. The Authority determined that Mr Yo...

2. Starting a proceeding in the High Court

   ...Company liquidation - applying to have a company's assets given to its creditors Probate and letters of administration - applying to administer a deceased person's estate Interlocutory application - applying for directions or orders secondary to the main claim If you want to start a proceeding not on this list, please contact your nearest High Court General civil proceeding If you want to recover money or settle a dispute with another person or an organisation, you can file a statement of clai...

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3. Roos v Wang [2010] NZWHT Auckland 10 [pdf, 288 KB]

   ...................................................................................... 8 LIABILITY OF ADRIAN ROSS KIFF ................................................................ 24 (a) Principal Claim of Negligence ............................................................ 29 (b) Negligent Misstatement ...................................................................... 36 No assumption of responsibility ................................................................. 38 No R...

4. [2006] NZEmpC AC 42/06 Mills v Macks Seafoods (1997) Ltd [pdf, 32 KB]

   ...various other companies during the time of his alleged employment. Notwithstanding this discovery the defendant conceded that the plaintiff was an employee of it as defined in the Employment Relations Act 2005. Counsel submitted that the other claims the plaintiff made in his statement of claim should properly be first heard by the Authority, and requested that the matter be transferred by the Court to the Authority for determination on its merits. It contended that by...

5. SP v MT [2024] NZDT 851 (21 October 2024) [pdf, 139 KB]

   ...Commercial Law Act entitles a party to compensation for any loss suffered where a party to a contract has been induced to enter it by a misrepresentation, whether innocent or fraudulent, made to them by the other party. 2. A misrepresentation is a false statement of fact. Opinions and statements about some future performance are generally not statements of fact. Inducement refers to being persuaded. 3. A buyer in a private sale has his or her own responsibility to carry out their ow...

6. [2023] NZEmpC 198 Carrington Resort Jade LP v Knight [pdf, 251 KB]

   ...ordered Carrington to pay Ms Knight the costs of the investigation.2 The challenge [4] Carrington has challenged the Authority’s determinations. It has elected to challenge the whole of each determination seeking to set them aside. While the statement of claim pleaded that it was accompanied by an affidavit providing background and other relevant facts, none was filed.3 This application [5] A brief review of the undisputed facts is necessary to place into context the app...

7. [2013] NZEmpC 147 Ramkissoon v Commissioner of NZ Police [pdf, 103 KB]

   ...not a challenge on which the issues for decision would have been confined to the matter or matters that were before the Authority. Rather, the issues are defined by the pleadings in this Court including, in particular, the plaintiff’s amended statement of claim dated 25 January 2013. 1 [2012] Auckland NZERA 316. [3] The plaintiff was formerly a police officer. He has raised three personal grievances arising out of that e...

8. Richardson v Burns (Strike-Out of Second Defendant) [2017] NZHRRT 30 [pdf, 145 KB]

   ...directions for that claim follow at the end of this decision. 1 [This decision is to be cited as Richardson v Burns (Strike-Out of Second Defendant) [2017] NZHRRT 30] 2 BACKGROUND [2] In his statement of claim filed on 15 July 2016 Mr Richardson alleges Ms Burns and the WDHB interfered with his privacy (as that term is defined in the Privacy Act 1993, ss 66(1)(a)(i) and 66(1)(b)(iii)) by using his health information for a purpose ot...

9. Porirua ki Manawatu panui February 2017 [pdf, 1.1 MB]

   ...traditional kōrero in an appropriate cultural context. 4. Interlocutories: This phase clarifies the issues that remain in contention between claimants and the Crown and identifies the issues that the Tribunal needs to hear. Claimants particularise their statements of claim, using their own and the technical research to inform their allegations against the Crown. The Crown prepares a statement of response and concessions, outlining its position. The Tribunal then prepares a statement...

10. Toia v Corrections (Jurisdiction) [2018] NZHRRT 46 [pdf, 299 KB]

    ...decision rulings are given on preliminary issues relating to standing and jurisdiction. The merits of Mr Toia’s claims are for determination at a later date once the evidence has been heard. Standing and jurisdiction [3] When originally filed, the statement of claim in the present proceedings named as a second plaintiff Arthur William Taylor, also a sentenced prisoner. [4] At the first case management teleconference convened on 17 April 2015 a number of issues were raised. Relev...