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1. Haig v Proprietors of Waipiro A13 Incorporation (2006) 169 Gisborne MB 260 (169 GIS 260) [pdf, 1.2 MB]

   ...Respondent RESERVED JUDGMENT OF JUDGE L R HARVEY Introduction [1] Milton and William Haig say their father, the late William Haig Snr, lent the Waipiro A13 or Kaitoto Incorporation a total of $32,500.00 in 1988-1989. On behalf of his estate they now claim the loans plus interest at 50/0 per annum in the total amount of $46, 791.72 as at 30 June 2006. [2] The incorporation says it requires proof that such loans were in fact made. It contends that doubts exist as to the validity o...

2. Waitangi Tribunal - issue 53 of Te Manutukutuku [pdf, 481 KB]

   ...the completion of all research reports. With a few exceptions all research was completed for Gisborne in January 2001. 3. All claimants and their counsel, assisted by historical experts, are required to file comprehensive and fully particularised statements of claim. These statements establish the scope and nature of the grievances to be heard. In April 2001 draft statements were discussed in Gisborne and counsel subsequently filed their final statements of claim. H a r a t u a / P i...

3. [2016] NZEmpC 114 Hutt City Veterinary Care Ltd v Barr [pdf, 64 KB]

   ...JUDGMENT OF JUDGE K G SMITH [1] The plaintiff was placed in liquidation on 26 July 2016. [2] On 23 June 2016, Chief Judge Colgan issued a minute to the plaintiff containing directions about the proceeding. The plaintiff was informed that its statement of claim did not comply with reg 11 of the Employment Court Regulations 2000 (the Regulations) and it was directed to file and serve a compliant statement of claim within 21 days. The defendant was relieved of an obligation to fi...

4. [2013] NZEmpC 29 Brightwater Engineers Ltd v Arrowsmith [pdf, 121 KB]

   ...Authority [4] Applying the time limit in s 179(2) to this case, the last day on which the applicant could commence a challenge as of right was 14 January 2013, being the 28 th day after 17 December 2012. [5] On 18 January 2013, Mr Butler sent a statement of claim to the Court for filing. It was rejected as being out of time. On 25 January 2013, Mr Butler filed an application to extend the time for filing a statement of claim together with two affidavits in support. That appli...

5. Shihaku v Mizoguchi [2017] NZIACDT 7 (19 June 2017) [pdf, 172 KB]

   ...[5.2] Matters or complaints must be heard on the papers. [5.3] Despite the requirement to hear matters on the papers, the Tribunal may request further information from any person or request that any person appear before the Tribunal to make a statement or an explanation. [6] In some cases, the power to require persons to attend before the Tribunal has been necessary because there is simply a direct conflict of evidence between witnesses. The conflict can only be resolved by hearin...

6. [2018] NZEmpC 81 Wood v NZ Cupolex Ltd [pdf, 285 KB]

   ...reasoning, and that the sum of $10,000 should be paid to him, together with interest on that amount. Procedural matters [4] As in the Authority, NZCL has taken no steps with regard to the present challenge. An affidavit of service of the statement of claim has been placed before the Court, confirming that the company was served on 16 May 2018. No statement of defence was filed within the time limit provided for in the Employment Court Regulations 2000 (the Regulations), and t...

7. Tan v Chief Executive Ministry of Social Development (Non Party Access to Tribunal File) [2016] NZHRRT 2 [pdf, 69 KB]

   ...Mr KH Tan in person Ms K Laurenson and Ms E Devine for defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 9 February 2016 DECISION OF TRIBUNAL DECLINING NON-PARTY ACCESS TO TRIBUNAL FILE1 Introduction [1] By statement of claim filed on 14 October 2015 Mr Tan complains of the decision by the Ministry of Social Development (MSD) to the effect that payments made to him under the New Zealand Superannuation and Retirement Income Act 2001 must be reduced b...

8. [2021] NZEmpC 196 KAQ v The Attorney-General [pdf, 245 KB]

   ...Standing back and considering the matters in rr 12 and 13, and the authorities I have referred to, I consider it to be in the interests of justice to grant limited access to the Court file. Access is granted to the primary pleadings, namely the statements of claim. I record that no statements of defence were filed by the time the notice of discontinuance was filed, and so no statement of defence or substantive response to the statements of claim is held on the Court file. I also re...

9. [2022] NZACC 139 - Rawson v ACC (20 July 2022) [pdf, 260 KB]

   ...Accident Compensation Act 2001] ____________________________________________________________________ [1] At issue on this appeal is whether the decision of the Accident Compensation Corporation dated 12 November 2020 accepting the appellant’s claim as a work-related personal injury at Anderson and O’Leary Limited is correct. [2] The position of the appellant is that he meets the requirements for a work-related personal injury under the Accident Compensation Act 2001. ACR...

10. L Ltd v NO [2024] NZDT 113 (23 January 2024) [pdf, 174 KB]

    ...left of his lane, but NO’s car continued towards him and hit the front of his vehicle. b. NO says he does not have much recollection of the incident, but that it makes no sense for his vehicle to have crossed the centre line. In the written statement to J Ltd, he said he “distinctly” remembered LC’s vehicle crossing the centre line, and that this was his last recollection “before and during the crash”. In the statement he said the weather was fine but that the sun in...