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1. [2024] NZEmpC 6 C3 Ltd v O’Brien [pdf, 250 KB]

   ...reinstatement, the Authority (or Court) must:7 (a) determine whether there was a serious question to be tried (or conversely whether the claim is vexatious or frivolous); (b) consider the balance of convenience; and (c) assess the overall justice. [6] The test for whether there is a serious question involves two components:8 (a) whether there is a serious question to be tried in relation to the claim of unjustifiable dismissal; and (b) if so, whether there is a serious qu...

2. [2013] NZEmpC 158 Gapuzan v Pratt & Whitney Air New Zealand Services t/a Christchurch Engine Centre [pdf, 102 KB]

   ...PRATT & WHITNEY AIR NEW ZEALAND SERVICES trading as CHRISTCHURCH ENGINE CENTRE NZEmpC CHRISTCHURCH REGISTRY [2013] NZEmpC 158 [29 August 2013] IN THE EMPLOYMENT COURT CHRISTCHURCH REGISTRY [2013] NZEmpC 158 CRC 22/12 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN ROSAURO GAPUZAN Plaintiff AND PRATT & WHITNEY AIR NEW ZEALAND SERVICES trading as CHRISTCHURCH ENGINE CENTRE Defendant...

3. Legal Submissions for Wellington International Airport Limited (dated 13 April 2018) [pdf, 114 KB]

   Lane Neave PO Box 25626 Wellington 6146 Solicitor Acting: Amanda Dewar Email: amanda.dewar@laneneave.co.nz Phone: 03 379 3720 Before the Environment Court at Wellington In the Matter of section 87G of the Resource Management Act 1991 And In the Matter of the direct referral of the Application for resource consents associated with an extension to the runway by Wellington International Airport Limited (ENV-2016-WLG-00058) Legal Submissions for Wellin...

4. Waitangi Tribunal - Kaupapa Inquiry Programme Direction [pdf, 476 KB]

   ...inquiry determined and the parties have confirmed their readiness to proceed. The inquiry process will be flexible and responsive, for example to facilitate the early hearing of claimant oral evidence or a staging of the inquiry around sub-issues or matters demanding early attention. 5. The starting order for the 11 identified inquiries has been prioritised in terms of a set of key factors: removal of the Tribunal's ability to inquire; the immediacy of the take (issue) or potential...

5. Haretuku - Succession to Pirihira Te Whatu [2020] Chief Judge's MB 142 (2020 CJ 142 [pdf, 367 KB]

   ...KOOTI WHENUA MĀORI O AOTEAROA I TE ROHE O TE TAITOKERAU In the Māori Land Court of New Zealand Taitokerau District A20140008212 CJ 2014/49 WĀHANGA Under Section 45, Te Ture Whenua Māori Act 1993 MŌ TE TAKE In the matter of Pirihira Te Whatu also known as Pirihira Heketa or Renata I WAENGA I A Between ELLEN HARETUKU Te kaitono Applicant Nohoanga: Hearing 2019 Chief Judge’s MB 792-804 (Heard at Waiariki) Whakataunga...

6. Pope v Human Rights Commission (Strike-Out Application) [2014] NZHRRT 3 [pdf, 88 KB]

   ...DECISION OF TRIBUNAL STRIKING OUT STATEMENT OF CLAIM The application [1] This is an application by the defendants that these proceedings be summarily dismissed ahead of trial on the grounds that the proceedings are clearly untenable as a matter of law. 2 [2] In Mackrell v Universal College of Learning High Court Palmerston North CIV2005- 485-802, 17 August 2005 at [48] Wild J held that the Tribunal has a wide discretionary power to strike out or to dismiss a proceeding brou...

7. [2011] NZEmpC 144 NZ Meat Workers and Related Trades Union Inc v AFFCO NZ Ltd [pdf, 131 KB]

   NEW ZEALAND MEAT WORKERS & RELATED TRADES UNION INC V AFFCO NEW ZEALAND LIMITED NZEmpC AK [2011] NZEmpC 144 [2 November 2011] IN THE EMPLOYMENT COURT AUCKLAND [2011] NZEmpC 144 ARC 67/11 IN THE MATTER OF proceedings removed from the Employment Relations Authority BETWEEN NEW ZEALAND MEAT WORKERS & RELATED TRADES UNION INC Plaintiff AND AFFCO NEW ZEALAND LIMITED Defendant Hearing: 27 - 29 September 2011 (heard at Tauranga) 12 October...

8. Leaders Real Estate (1987) Limited v CAC20008 & Anor [2015] NZREADT 41 [pdf, 155 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2015] NZREADT 41 IN THE MATTER OF an appeal under s.111 of the Real Estate Agents Act 2008 BETWEEN LEADERS REAL ESTATE (1987) LIMITED Applicant AND REAL ESTATE AGENTS AUTHORITY (per CAC20008) First respondent AND DAVID GRAVES Second respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr G Denley - Member Ms C Sandelin - Member BY CONSENT HEARD ON THE PAPERS DATE OF THIS R...

9. LCRO 212/2016 LM v HR (22 September 2017) [pdf, 266 KB]

   ...Conveyancers has never accepted this “solution” as an acceptable method of settlement, because it does not protect you or your bank and it is contrary to the express terms of the contract. This is a problem that has been referred to the Ministry of Justice but at present is a matter that unfortunately remains unresolved. Subsequently, the buyers solicitor elected to settle by the only other method available, which is for them to deliver to me a bank cheque (the funds have to be del...

10. LCRO 212/2016 LMN Law v HR [pdf, 252 KB]

    ...Conveyancers has never accepted this “solution” as an acceptable method of settlement, because it does not protect you or your bank and it is contrary to the express terms of the contract. This is a problem that has been referred to the Ministry of Justice but at present is a matter that unfortunately remains unresolved. Subsequently, the buyers solicitor elected to settle by the only other method available, which is for them to deliver to me a bank cheque (the funds have to be del...