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1. Williams v Police (Strike-Out Application No. 2) [2020] NZHRRT 26 [pdf, 696 KB]

   ...Waikeria Prison) Mr M McKillop for defendant DATE OF HEARING: 29 June 2020 DATE OF DECISION: 15 July 2020 DECISION OF TRIBUNAL STRIKING OUT STATEMENT OF CLAIM1 INTRODUCTION [1] Eleven years ago Mr Williams’ then partner made application to the Family Court for a protection order. There had been a history of domestic violence between them requiring Police assistance. In furtherance of that application the partner’s Waihi-based lawyer on 20 August 2009 made re...

2. Judge v Care Park New Zealand Ltd (Strike-Out Application) [2018] NZHRRT 14 [pdf, 326 KB]

   ...Neeson JP, Member REPRESENTATION: Mr P Judge in person Mr J Horner for first defendant Mr S Hood for second defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 12 April 2018 DECISION OF TRIBUNAL DISMISSING APPLICATION TO STRIKE OUT CLAIM AGAINST FIRST DEFENDANT AND STRIKING OUT CLAIM AGAINST SECOND DEFENDANT1 1 [This decision is to be cited as: Judge v Care Park New Zealand Ltd (St...

3. Rabson v Solicitor-General (Strike-Out Application) [2018] NZHRRT 37 [pdf, 312 KB]

   ...order that the author of the email be named and that the Solicitor-General disclose the basis for the comments made in that email. Mr Rabson also seeks a written apology. 1 [This decision is to be cited as: Rabson v Solicitor-General (Strike-Out Application) [2018] NZHRRT 37] 1 [3] The Solicitor-General has, in turn, applied to strike out Mr Rabson's claim on the grounds that it discloses no reasonably arguable cause of action and is an abuse of process. [4] Following case ma...

4. Kern v Chief Executive Ministry of Social Development (Strike-Out Application) [2014] NZHRRT 50 [pdf, 53 KB]

   ...email dated 6 August 2014 the Secretary wrote to him drawing attention to the passing of the deadline and enquiring whether he intended filing an amended statement of claim. That email has not been replied to by Mr Kern. The filing of the strike-out application [10] On 14 August 2014 MSD applied to have the proceedings struck out or dismissed on the grounds that: [10.1] Mr Kern had failed to comply with the direction that an amended statement of claim be filed. 4 [10.2] The c...

5. Baker v High Court (Strike-Out Application) [2021] NZHRRT 56 [pdf, 543 KB]

   ...McKenna and Ms RM McMenamin for first and second defendants Mr MJ McKillop and Ms CPC Wrightson for third and fourth defendants DATE OF HEARING: Heard on the papers DATE OF DECISION: 14 December 2021 DECISION OF TRIBUNAL GRANTING STRIKE-OUT APPLICATION FILED BY THIRD AND FOURTH DEFENDANTS1 1 [This decision is to be cited as Baker v High Court (Strike-Out Application) [2021] NZHRRT 56. Note publication restrictions. Those restrictions require this decision to be anonym...

6. Brown v Otago Polytechnic and Progressive Enterprises (Recusal Application) [2014] NZHRRT 5 [pdf, 82 KB]

   ...[1.1] HRRT003/2013: Brown v Otago Polytechnic (filed 21 February 2013). [1.2] HRRT004/2013: Brown v Progressive Enterprises Ltd (filed 19 March 2013). [2] In both proceedings he faces a strike out application. It had been intended that those applications be heard at Dunedin on 12 and 13 December 2013 but when Mr Brown sought the recusal of the Chairperson it became inevitable that the recusal issue would have to be determined first. The projected dates of 12 and 13 December 2013 were...

7. Gray v Ministry for Children (Strike-Out Application) [2018] NZHRRT 13 [pdf, 227 KB]

   ...following terms: Commissioner’s opinion: • application of principle(s) • adverse consequences • interference with privacy No opinion, complaint withdrawn – section 71(1)(d). Principle 6 and Principle 7 – No final view formed. N/A No final view formed. Mr Gray’s claim [7] In these proceedings filed with the Tribunal on 30 November 2017 Mr Gray alleges the Ministry for Children breached information privacy principles 6 and 7. Mr Gray also allege...

8. MacGregor v Craig (Application for Witness Summonses) [2015] NZHRRT 51 [pdf, 236 KB]

   ...DEFENDANT AT AUCKLAND – ON THE PAPERS TRIBUNAL: Rodger Haines QC, Chairperson REPRESENTATION: Mr HJP Wilson and Ms L Clark for plaintiff Mr J McKay and Mr S Misselbrook for defendant DATE OF DECISION: 27 November 2015 DECISION ON APPLICATION BY DEFENDANT FOR THE ISSUE OF THREE WITNESS SUMMONSES TO PRODUCE DOCUMENTS 1 Power to issue a witness summons to produce documents [1] By virtue of s 109 of the Human Rights Act 1993 the Tribunal or Chairperson has...

9. Tai Rakena v Corrections (Strike-Out Application) [2018] NZHRRT 19 [pdf, 84 KB]

   ...Mr R K Musuku, Member Mr B K Neeson JP, Member REPRESENTATION: Mr M Tai Rakena in person Ms V McCall and Ms G Taylor for defendant DATE OF HEARING: Heard on the papers DATE OF DECISION: 17 May 2018 DECISION OF TRIBUNAL1 [1] By application dated 4 May 2018 the Chief Executive, Department of Corrections has applied to have these proceedings struck out on the grounds: [1.1] The Tribunal lacks jurisdiction to hear the claim as no investigation has been conducted in term...

10. Smith v McCallum and Ross (Strike-Out Application) [2018] NZHRRT 47 [pdf, 1.3 MB]

    ...REPRESENTATION: Mr B Smith in person Mr T Mackenzie for defendants PLAINTIFF STEVE MCCALLUM FIRST DEFENDANT SIMONE ROSS SECOND DEFENDANT DATE OF HEARING: Heard on the papers DATE OF DECISION: 30 October 2018 DECISION OF TRIBUNAL1 [1] By application dated 12 September 2018, the first and second defendants have applied to have these proceedings struck out on the ground that the plaintiff has failed to prosecute the claim . . Background [2] On 25 May 2015, Ben Smith made...