Search Results

1. [2006] NZEmpC IHC New Zealand Inc v Scott [pdf, 42 KB]

   ...Employment Court premises in Auckland City. Accordingly, it was found that a convenient ground floor location was the North Shore District Court at Albany and that is why this venue has been chosen. [3] Both Ms Wheldale, who has provided an affidavit, and Ms Prictor, who has provided a brief of evidence, are now available to give evidence. Accordingly, because the admissibility arguments go partly to Ms Wheldale’s evidence it is convenient to deal with the argument on admissib...

2. [2008] NZEmpC CC 6/08 George v Carter Holt Harvey Woodproducts Nelson [pdf, 41 KB]

   ...reinstatement was dealt with by the Employment Relations Authority as a matter of priority. Following an investigation meeting on 8 February the Authority gave a determination on 18 February 2008 (CA 15/08). In my view, having considered the affidavits and submissions which were provided to the Authority, that determination was written and reasoned very well. [5] The Authority ordered the interim reinstatement of the plaintiff on the terms set out in paragraphs 40 and 41 of its...

3. [2012] NZEmpC 8 Gazeley v Oceania Group (NZ) Ltd [pdf, 126 KB]

   ...Authority in a second determination dated 20 December 2011 2 . It follows that the substantive merits of Mrs Gazeley’s personal grievance remain before the Authority. [6] As usual, where only interim relief is in issue, evidence was provided by affidavit. Mrs Gazeley swore three affidavits and 12 affidavits by other persons were filed in support of her claim. Those other deponents were Mrs Gazeley’s husband, five employees or former employees of Woodlands, three relatives of...

4. [2011] NZEmpC 132 Kaipara v CHH Ltd [pdf, 125 KB]

   ...NZEmpC 132 ARC 45/11 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF application for security for costs AND IN THE MATTER OF an application to strike out (in part) an affidavit in support BETWEEN ARTHUR KAIPARA (HATA) Plaintiff AND CARTER HOLT HARVEY LIMITED Defendant Hearing: By telephone at 10am on 3 October and 10 am on 6 October 2011 (Heard at Auckland) Counsel: Stan Austin,...

5. [2018] NZEmpC 120 RPW v H and C [pdf, 231 KB]

   ...was filed on 24 August 2018, the plaintiff applied for urgency. Accompanying the proceedings was a without notice interlocutory application for an interim order prohibiting publication of the plaintiff’s name. This was supported by a lengthy affidavit from a representative of the plaintiff. In a minute dated 24 August 2018, the application for urgency was granted. In view of the circumstances disclosed in the supporting affidavit, an interim order was made, prohibiting publica...

6. [2021] NZEnvC 175 Shaw v Hamilton City Council [pdf, 2.5 MB]

   ...and other features and would make the remaining part of the bird park much less attractive to visitors.4 Access to severed 1 Hamilton City Council is the local authority for the purposes of s 16 of the Public Works Act 1981. 2 AR Parsons, Affidavit affirmed 3 June 2020, at [11]. 3 Reproduced from MN Shaw, Affidavit dated 19 March 2020, Exhibit A. A Title Plan is attached as Annexure F. 4 MN Shaw, Statement of evidence (SOE) dated 26 March 2020, at [4] and [5]. 5 parts o...

7. [2006] NZEmpC WC 11/06 Tamarua v Toll Tranzlink Ltd [pdf, 32 KB]

   ...application for leave to challenge out of time on 2 December 2005 (a Friday) and it was filed by Mr McLeod on 5 December, the following Monday. This made the application 4 days out of time. [4] Mr Tamarua’s application and a subsequently filed affidavit set out the grounds for leave to be granted. By consent it was heard on the papers. He says that, although the application is out of time from the date of the determination, it is still within the 28 days of his receiving a copy...

8. [2010] NZEmpC 118 Burtton & Browne v Talley's Group Limited [pdf, 24 KB]

   ...the object of the Act. That requirement also applies to the Court on a challenge. Even if it did not, s 127(7) makes it clear that such a proceeding must be dealt with as an interim injunction would be. Such cases are dealt with generally on affidavit evidence and in respect of which leave to cross-examine any witness is generally required. The interlocutory procedures for document disclosure that apply to substantive hearings are generally inapplicable to such interlocu...

9. [2014] NZEmpC 48 Kilpatrick v Air NZ interlocutory [pdf, 65 KB]

   ...doing so. She stated during the hearing of the present application that she has reached an arrangement with the Authority registry to pay the awards by instalments. That appears to have been without any discussion or agreement with Air NZ. [6] Affidavits have been filed both in support of the application and the notice of opposition. Ms Kilpatrick has not provided the Court with any details of her present financial position except to state that she would be unable to afford paym...

10. CoCA Fixed Fees Schedule Jul 2020 [pdf, 173 KB]

    ...• Preparing application for legal aid • Referrals to counseling services • Conducting initial negotiations between parties • Preparing without notice application for interim/final order(s) and application to reduce time, including: o Affidavit(s) in support o Information sheets for the Court • Serving of documents • Receiving minute/orders (either following in chambers or 1st Registrar’s/Judge’s list call) • Reporting to client Note: Full fee can only b...