Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2026] NZEmpC 22 TEU v Te Pukenga, New Zealand Institute of Skills and Technology (Costs judgment of Judge Beck, 11 February 2026) COSTS – GUIDELINE SCALE – plaintiffs partially successful – scale costs awarded with adjustments.

[2026] NZEmpC 19 Wilson Parking New Zealand Limited v Turner and other(s) (Interlocutory Judgment of Judge Helen Doyle, 10 February 2026) AMENDMENT TO CONSENT ORDER – consent.

[2026] NZEmpC 18 Necta NZ Limited v Chevalier (Interlocutory Judgment of Judge M S King, 9 February 2026) APPLICATION FOR REMOVAL OF COUNSEL – removal of counsel requires extraordinary circumstances – applicant is not a former client of opposing counsel – no egregious conduct or extraordinary circumstances identified – removal of counsel is not warranted – application declined

[2026] NZEmpC 16 Cullen v Wētā FX Ltd (judgment of Judge JC Holden, 3 February 2026) PRE-COMMENCEMENT DISCOVERY – applicant has sufficient information to commence Authority proceedings and to identify resolution sought, bearing in mind investigative role of the Authority – application dismissed

[2026] NZEmpC 14 Thebe v Te Whatu Ora – Health New Zealand (Interlocutory Judgment (No 2) of Judge Beck, 2 February 2026) APPLICATION FOR LEAVE TO FILE FURTHER EVIDENCE – proposed evidence was in the plaintiff’s possession for several years – explanation for failing to adduce evidence unsatisfactory – proposed evidence has limited relevance and probative value – no exceptional circumstances identified – probative value outweighed by prejudice caused to defendant – permitting evidence would be inconsistent with equity and good conscience – application declined

[2026] NZEmpC 12  CG v Calendar Girls NZ Ltd (Interlocutory Judgment (No 3) of Chief Judge Christina Inglis, 29 January 2026) APPLICATION FOR ADJOURNMENT - application is strongly opposed - alternative arrangements can be made for counsel's personal circumstances given amount of time until the hearing - employer's disability and literacy issues can be mitigated - prejudice is likely to be suffered by plaintiffs if application granted - balance of convenience and interests of justice point away from granting application - application declined.

[2026] NZEmpC 10 Frames Direct NZ Ltd v Zhang (Interlocutory judgment of Chief Judge Christina Inglis, 27 January 2026) APPLICATION FOR STAY - no evidence that declining a stay would cause significant hardship to the plaintiff - no evidence of potential issues with recovering funds if stay not granted and challenge is successful - application declined.

[2026] NZEmpC 8 Singh v Sharma interlocutory judgment (interlocutory judgment of Judge JC Holden, 21 January 2026) SUBSTITUTED SERVICE – respondent requested that documents be provided by email – application granted

[2026] NZEmpC 6 FMV v TZB (Interlocutory judgment of Judge JC Holden, 21 January 2026) APPLICATION TO SET ASIDE WITNESS SUMMONS – summons calling witnesses that lack knowledge or used to promote a collateral process are oppressive – proposed witnesses have little to no direct knowledge of relevant matters – evidence sought cuts across Human Rights Review Tribunal decision about sufficiency of responses to Privacy Act requests – application granted.

[2026] NZEmpC 4  CG v Calendar Girls NZ Ltd (Interlocutory (No 2) Judgment of Chief Judge Inglis, 20 January 2026) APPLICATION FOR LEAVE TO WITHDRAW AS COUNSEL AND SOLICITOR – inherent powers exist to allow withdrawal – adequate basis exists for withdrawal – application granted.

[2026] NZEmpC 2 E tū Inc v Rasier Operations BV (Interlocutory (No 4) Judgment of Chief Judge Inglis, 15 January 2026) APPLICATION FOR ACCESS TO COURT DOCUMENTS - evidence may be relevant to issue in Australian proceedings - evidence was given in open court - principle of open justice favours granting access - privacy issues do not outweigh open justice in the circumstances - application granted.

[2025] NZEmpC 284 Cunningham v healthAlliance NZ Ltd and healthAlliance NZ Ltd v Cunningham (Costs Judgment of Judge M S King, 22 December 2025) COSTS – GUIDELINE SCALE – scale costs awarded with adjustments – costs on costs awarded.

[2025] NZEmpC 281 A Labour Inspector of MBIE v Elements Therapeutic Massage Limited and ors (Interlocutory Judgment (No 2) of Judge M S King, 22 December 2025).  APPLICATION FOR STAY – substantive challenge appealed to the Court of Appeal and stayed by consent – parties do not consent to a stay on the issue of costs – leave to appeal being pursued in good faith – appeal raises issues of public interest – right of appeal will not be rendered nugatory by a stay – issue of costs may create degree of complexity – undesirable to treat substantive proceeding differently to costs determination – interests of justice and efficiency that costs be determined following appeal – costs stayed pending outcome of appeal process or further order of the Court – application granted.