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1. National Standards Committee v Orlov [2013] NZLCDT 45 [pdf, 390 KB]

   ...cross-appeal brought, in which Mr Orlov acted, and which ranged widely and was trenchantly critical of the Family Court and the Child Youth & Family Services. Later, there was the sequel before Judge Sommerville in the declaration proceedings. The statement of Rodney Harrison QC says that Harrison J either indicated (or Dr Harrison QC formed the impression) that Harrison J had “had a re-think” and 9 did not pursue the issue of contempt further (p2 statement). The...

2. [2013] NZEmpC 36 Detection Services Ltd v Pickering [pdf, 139 KB]

   ...Unsurprisingly the respondent did not seek to challenge the Authority’s finding that he had been unjustifiably dismissed. 1 NZERA 5350102. 2 NZERA 5353837. 3 [2012] NZERA 260. 4 At [3] Statement of Claim, filed 27 August 2012. [7] By way of letter of the same date, the applicant notified the respondent that it would be reopening the unjustified dismissal determination beyond the issues raised by the respondent, and c...

3. [2014] NZEmpC 93 Prime Range Meats Limited v McNaught [pdf, 108 KB]

   ...in relation to the incident on 10 May 2011. 2 It awarded him $1,250 as compensation under s 123(1)(c)(i) of the Employment Relations Act 2000 (the Act) for humiliation, loss of dignity and injury to feelings. 3 [4] The plaintiff then filed a statement of claim in this Court challenging the Authority's determination on the basis that the defendant had not complained, either in his statement of problem or in his evidence before the Authority that he had been disadvantaged by t...

4. Nikora v Nightingale [pdf, 68 KB]

   CLAIM NO: 2601 UNDER the Weathertight Homes Resolution Services Act 2002 IN THE MATTER OF an adjudication BETWEEN PAKI LESLIE MANSAI NIKORA and PATSY POLLY NIKORA Claimants AND PETER NIGHTINGALE First Respondent AND WHAKATANE DISTRICT COUNCIL Second Respondent AND EASTERN BAY PLUMBING LIMITED (Now struck out) Third Respondent AND PETER NEEDHAM Fourth Respondent AND MIKE BROOKER Fifth Respondent DETERMINATION OF ADJU...

5. [2012] NZEmpC 79 Premier Events Group Ltd v Beattie [pdf, 248 KB]

   ...there will remain ample opportunity for the employer to address the grievance and, perhaps, resolve that grievance through discussion and/or mediation between the parties even after the matter is officially before the Authority. If unmeritorious claims are lodged in the Authority, but which could have been resolved by earlier discussion for instance, then the party lodging the claim may well have to bear the costs’ consequences of such a claim. [13] Because both the statute and...

6. [2020] NZEmpC 87 Freeborn v Sfizio Ltd [pdf, 241 KB]

   ...Ltd, filed a memorandum opposing the application, contending in essence it would be unfair to grant leave in all the circumstances. Background [3] In the Authority, Ms Freeborn asserted she had been unjustifiably dismissed. Initially, her statement of problem cited the second and third respondents, Mr Curtis Gregorash and Ms Kathryn Parfitt, as her employer. [4] According to the determination, the statement in reply identified the employer as being Wadestown Kitchen. The Aut...

7. [2015] NZEmpC 25 PRI Flight Catering Ltd v Saha [pdf, 117 KB]

   ...It directed that costs should lie where they fell, that is that all parties should meet their own costs of legal representation without contribution from others. [5] That determination was challenged on 28 November 2014 and the plaintiffs’ statement of claim was served on the defendant in early December 2014. The period during which the defendant was entitled to file a statement of defence expired in mid-January 2015. [6] The issues for determination by the Court on the challen...

8. Starting a proceeding in the District Court

   ...proceeding – recovering money or settling a dispute Originating application Civil appeal – asking a District Court to reconsider a Judge’s decision Restraining Orders Interlocutory application – applying for directions or orders secondary to the main claim Judgments by default – asking the court for judgment if the defendant fails to respond within time Sealing an interlocutory or final order Certificate of judgment/order Charging orders – asking the court to issue an order to preve...

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9. Tamang v Varquez [2015] NZIACDT 78 (31 July 2015) [pdf, 186 KB]

   ...[6] Mr Varquez did provide submissions within the timeframe for filing submissions on sanctions. His submissions, however, sought to take issue with the substantive findings. [7] The Tribunal’s procedure commences when the Registrar lodges a statement of complaint, which sets out the complaint. In that document, she identifies the grounds of complaint the evidence potentially support. The complainant and the adviser then have the opportunity to respond. The complainant can potentiall...

10. 2015 Ministry of Justice annual report [pdf, 4.2 MB]

    ...3,500 staff, who operate out of around 120 offices spread throughout New Zealand, from Kaitaia to Invercargill. We have a range of business groups that deliver an array of justice services. • We negotiate the settlement of the Treaty of Waitangi claims, through the Office of Treaty Settlements. • We administer the courts and support the judiciary through the District Courts and Special Jurisdictions group and the Higher Courts group. • We represent people charged with criminal...