Search Results

1. [2023] NZEmpC 94 Soapi v Pick Hawke’s Bay Inc [pdf, 255 KB]

   ...they disagreed with him but they had not. [27] The thrust of Mr Evans’ evidence was that almost all the plaintiffs’ claims are answered in one way or another through: (a) the approvals granted by INZ; or (b) because the deductions were consented to by the plaintiffs; or (c) the amounts involved were very small and capable of resolution without litigation. [28] Mr Bates submitted that the plaintiffs’ claims fall into four categories: (a) Category 1: deductions...

2. [2017] NZEmpC 117 Underhill v Coca-Cola Amatil NZ Ltd [pdf, 429 KB]

   ...not employees. Costs were reserved and in a subsequent determination dated 12 January 2017 the plaintiffs were jointly ordered to pay Coca-Cola costs of $2,250.2 No challenge has been made to that determination. [3] The employer did not consent to the grievances being raised outside the time limit. The plaintiffs have made no application to extend the time despite having been given the opportunity to do so. [4] The plaintiffs have filed a challenge to the determination, e...

3. [2006] NZEmpC WC 11/06 Tamarua v Toll Tranzlink Ltd [pdf, 32 KB]

   ...success on the challenge which he should not be denied by virtue of a very short delay in filing the challenge. It is in the interests of justice that he be granted leave. [25] The application is granted. Mr Tamarua now has leave to file his statement of claim. The filing fee will need to be paid before the challenge can be advanced. The time for filing a statement of defence will run from that date as advised to the defendant by the Registrar. Costs [26] In the ci...

4. ENVC Hearing 27Jul15 DM suppl evidence Christine Gisby [pdf, 87 KB]

   ...Resource Management Act 1991 (Act) requesting the granting of resource consents to Waiheke Marinas Limited to establish and operate a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf ENV-2013-AKL-000174 STATEMENT OF LAY EVIDENCE OF CHRISTINE GISBY (PARKING CONGESTION AND TOURISM) ON BEHALF OF DIRECTION MATIATIA INCORPORATED AND OTHERS 6 JULY 2015 Counsel Acting: K R M Littlejohn Quay Chambers 09 374 1669 littlejohn@quaycham...

5. Thompson v Love [pdf, 23 KB]

   ...of an independent assessment of $1,750.50 plus GST, a total of $28950.50 plus GST. [3] On 2 November 2007 the claimant reduced the sum claimed for repairs to $12,400.00. Mediation was scheduled for 12 December 2007. [4] The amended statement of claim further reduced the sum claimed to $3,954.38. I then cancelled the mediation, as it was no longer cost effective. Counsel for both parties consented to the claim being determined on the basis of written submissions. Coun...

6. 2017 NZSSAA 013 (7 April 2017) [pdf, 100 KB]

   ...that Work and Income could review the decision and grant him Jobseeker Support. A further meeting was arranged for the next day and Mr XXXX was asked to complete another Jobseeker Support application and provide a copy of his contract, bank statements for the past six months, evidence of how he had supported himself for the past six 3 months and a letter from his parents clarifying the arrangement for rent payments. [6] Mr XXXX did not attend this meeting or another...

7. Carey Clan Trust v Still [pdf, 23 KB]

   ...in relation to the report prepared. The Tribunal found that there was no plausible allegation of misstatement on behalf of the company. The company made the report and the claimants proceeded with the purchase on the basis of or in spite of the statements made. As a result BAB did not owe a duty of care to the claimants and so cannot be held negligent. BAB was thereby removed from these proceedings. Mr Buckley was alleged to have provided further confirmation that the property was...

8. [2023] NZEmpC 54 Halse v Employment Relations Authority [pdf, 215 KB]

   ...review proceeding should continue. The status of the three respondents [14] At an earlier point in the proceeding, Mr Watson submitted that the Judicial Review Procedure Act 2016 does not oblige a court or tribunal named as a respondent to file a statement of defence. He submitted that any purported obligation of that nature would cut across the settled principle that courts and tribunals should not “enter the fray” and become protagonists in the defence of their own decisions....

9. Knuckey v Telford - Wahapakapaka 7A (2021) 435 Aotea MB 68 (435 AOT 68) [pdf, 202 KB]

   ...hātepe ture o te tono nei Procedural history [6] The application for review was received by the registry on 3 February 2020. On 18 August 2020, a hearing was held before me, following which directions were issued for the completion of financial statements, the convening of a general meeting and an election of trustees.4 [7] The final hearing was held before me at New Plymouth on 14 December 2020 where two of the three nominees were appointed, and Ms Telford’s application was...

10. MJ v CB [2023] NZDT 130 (9 March 2023) [pdf, 99 KB]

    ...the roundabout. She says he was travelling at about 20km/h. She looked behind to check the way was clear and made a hand signal. She had both hands on her handlebars as she began her right turn. She says she was struck suddenly by a vehicle. In a statement to J Ltd, she said the vehicle “came out of nowhere at speed”. 11. CB says as he drove along [Street A], he saw a cycle on the righthand side of the ‘cycle lane’. She appeared to be struggling up the hill and was weaving fro...