REG : Employment Court Regulations 2000 TYPE : Introduction YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : Employment Court Regulations 2000 Michael Hardie Boys, Governor-General Order in Council At Wellington this 20th day of November 2000 Present: The Right Hon Helen Clark presiding in Council Pursuant to section 237 of the Employment Relations Act 2000, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations. <<<>>> REG : Employment Court Regulations 2000 TYPE : Analysis YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : Contents 1 Title 2 Commencement 3 Interpretation 4 Determination of proceedings 5 Filing by post 6 Procedure Proceedings 7 Challenges to determinations of Authority 8 Other proceedings 9 Proceedings founded on tort and proceedings for grant of injunctions 10 Proceedings on application for review 11 Statement of claim 12 Service of statement of claim 13 Summary of argument Special leave to remove matter to Court 14 Application for special leave to remove matter to Court 15 Service of application for special leave 16 Opposition to application for special leave Joinder of causes of action 17 Joinder of causes of action 18 Power of Court to order separate hearings Statement of defence 19 Obligation to file statement of defence 20 Statement of defence 21 Response where hearing de novo not sought Presentation of cases 22 Right to begin Place for filing documents 23 Place for filing statement of claim under regulation 7 24 Place for filing other originating documents 25 Place of hearing 26 Place for filing other documents Service 27 Address for service 28 Service of notices and documents 29 Service on New Zealand corporations 30 Service on unincorporated societies 31 Service on partnership or apparent partnership Translations into Maori 32 Translations into Maori Witnesses 33 Witness summons 34 Service of witness summons 35 Witnesses' expenses Disbursements and witnesses' expenses 36 Power of Registrar to fix disbursements and witnesses' expenses Mutual disclosure and inspection of documents 37 Object 38 Relevant documents 39 Applicability 40 Availability of disclosure 41 Time for disclosure 42 Notice requiring disclosure 43 Duty to comply 44 Objections to disclosure 45 Challenges to objections 46 Verification of disclosure 47 Power of Court to make verification order 48 Verifying statements 49 Business book entries 50 Continuing obligation 51 Conditions of disclosure 52 Consequence of failure to comply Notice of hearing 53 Notice of hearing Conference 54 Power to convene conference System for management of hearings 55 Application of system for management of hearings 56 Object of management system 57 Plaintiff's management memorandum 58 Defendant's management memorandum 59 Contents of each management memorandum Management meeting 60 Management meeting Rehearing 61 Application for rehearing 62 Service of application for rehearing 63 Opposition to application for rehearing Stay of proceedings 64 Power to order stay of proceedings 65 Application for stay of proceedings 66 Service of application for stay of proceedings 67 Opposition to application Costs 68 Discretion as to costs 69 Security for costs Certificate of judgment 70 Power of Registrar to issue certificate of judgment Offences 71 Prosecutions for offences 72 Records in respect of offences Miscellaneous provisions 73 Validation of informal proceedings, etc 74 Joinder, waiver, and extension of time Fees 75 Fees Revocations and saving 76 Revocations and saving Schedule 1 Forms Schedule 2 Provisions having effect in relation to prosecutions for offences Schedule 3 Fees <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Title SECTNO : 1 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : Regulations 1 Title These regulations are the Employment Court Regulations 2000. <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Commencement SECTNO : 2 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 2 Commencement These regulations come into force on 27 November 2000. <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Interpretation SECTNO : 3 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 3 Interpretation (1) In these regulations, unless the context otherwise requires,--- Act means the Employment Relations Act 2000 address for service, in relation to any party, means the address from time to time given by or on behalf of that party in accordance with regulation 27 Authority means the Employment Relations Authority established by section 156 of the Act Court means the Employment Court established by section 186 of the Act management system means the system for the management of hearings that is provided for in regulations 55 to 60 officer of the Authority means any employee of the Department designated by the chief executive under section 185 of the Act to act as an officer of the Employment Relations Authority registered post includes any postal service providing a system of recorded delivery, whether provided by New Zealand Post Limited or not Registrar of the Court means any employee of the Department designated under section 198 of the Act to act as a Registrar of the Court. (2) In these regulations, unless the context otherwise requires,--- (a) a word or expression defined in the Act has the same meaning as it has in the Act: (b) a reference to a numbered form is a reference to the form so numbered in Schedule 1. Compare: SR 1991/226 r 2 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Determination of proceedings SECTNO : 4 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 4 Determination of proceedings These regulations must be construed in a manner that best secures the speedy, fair, and just determination of proceedings before the Court. Compare: SR 1991/226 r 3 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Filing by post SECTNO : 5 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 5 Filing by post (1) Any document that is required by these regulations to be filed with the Registrar of the Court may be sent by post addressed to the Registrar of the Court at the place at which the document is to be filed. (2) If a document is sent by post in accordance with subclause (1), any prescribed fees payable in respect of the filing of that document must accompany that document unless they have already been paid. (3) The Registrar of the Court must acknowledge receipt of all documents sent to the Registrar by post in accordance with subclause (1). <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Procedure SECTNO : 6 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 6 Procedure (1) Every matter that comes before the Court must be disposed of as nearly as may be in accordance with these regulations. (2) If any case arises for which no form of procedure has been provided by the Act or these regulations or any rules made under section 212(1) of the Act, the Court must, subject to section 212(2) of the Act, dispose of the case--- (a) as nearly as may be practicable in accordance with--- (i) the provisions of the Act or the regulations or rules affecting any similar case; or (ii) the provisions of the High Court Rules affecting any similar case; or (b) if there are no such provisions, then in such manner as the Court considers will best promote the object of the Act and the ends of justice. <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Challenges to determinations of Authority SECTNO : 7 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : Proceedings 7 Challenges to determinations of Authority (1) An election under section 179 of the Act is made by filing with the Registrar of the Court, within the time prescribed by section 179(2) of the Act, 3 copies of a statement of claim in form 1. (2) The statement of claim must be accompanied by a copy of the determination to which the election relates. (3) The prescribed fee must be paid at or before the time at which the statement of claim is filed. <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Other proceedings SECTNO : 8 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 8 Other proceedings (1) This regulation applies to the following proceedings: (a) every application, under section 6(5) of the Act, for an order declaring whether the person or persons named in the application are--- (i) employees under the Act; or (ii) employees or workers within the meaning of any of the Acts specified in section 223(1) of the Act: (b) any proceedings founded on tort and brought under section 99 of the Act: (c) any proceedings under section 100 of the Act for the grant of an injunction: (d) any action under section 133 of the Act for the recovery of a penalty under the Act: (e) any application under section 139(4) of the Act for a compliance order: (f) any application for review, or other proceedings, brought under section 194 of the Act: (g) any other proceedings within the jurisdiction of the Court that do not involve a challenge to a determination, or any part of a determination, of the Authority. (2) Proceedings to which this regulation applies are commenced by filing, with the Registrar of the Court, 3 copies of a statement of claim in form 2. (3) The prescribed fee must be paid at or before the time at which the statement of claim is filed. <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Proceedings founded on tort and proceedings for grant of injunctions SECTNO : 9 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 9 Proceedings founded on tort and proceedings for grant of injunctions (1) The provisions of the High Court Rules that apply in relation to proceedings founded on tort apply, with all necessary modifications, in relation to any proceedings to which regulation 8(1)(b) applies. (2) The provisions of the High Court Rules that apply in relation to proceedings for the grant of injunctions apply, with all necessary modifications, in relation to any proceedings to which regulation 8(1)(c) applies. (3) Subclauses (1) and (2) are subject to the other provisions of these regulations and to any rules made, or directions given, by the Court. Compare: SR 1991/226 rr 16(4), 17(4) <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Proceedings on application for review SECTNO : 10 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 10 Proceedings on application for review (1) The provisions of Part I of the Judicature Amendment Act 1972 and the provisions of the High Court Rules that apply in relation to applications for review apply, with all necessary modifications, in relation to any proceedings to which regulation 8(1)(f) applies. (2) Subclause (1) is subject to the other provisions of these regulations and to any rules made, or directions given, by the Court. Compare: SR 1991/226 r 21(4) <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Statement of claim SECTNO : 11 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 11 Statement of claim (1) Every statement of claim filed under regulation 7 or regulation 8 must specify, in consecutively numbered paragraphs,--- (a) the general nature of the claim: (b) the facts (but not the evidence of the facts) upon which the claim is based: (c) any relevant employment agreement or employment contract or legislation and any provisions of the agreement or the contract or the legislation that are relied upon: (d) the relief sought, including, in the case of money, the method by which the claim is calculated: (e) the grounds of the claim: (f) any claim for interest, including the method by which the interest is to be calculated: (g) in the case of a statement of claim filed under regulation 7, whether a full hearing (a hearing de novo) is sought, and, if not, the matters required by section 179(4) of the Act, namely,--- (i) any error of law or fact alleged by the plaintiff; and (ii) any question of law or fact to be resolved; and (iii) the grounds on which the election is made, which grounds are to be specified with such reasonable particularity as to give full advice to both the Court and the other parties of the issues involved; and (iv) the relief sought. (2) The matters listed in subclause (1) must be specified with such reasonable particularity as to fully, fairly, and clearly inform the Court and the defendant of--- (a) the nature and details of the claim; and (b) the relief sought; and (c) the grounds upon which it is sought. (3) Each paragraph of a statement of claim must be concise and must be confined to 1 topic. Compare: SR 1991/226 r 25 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Service of statement of claim SECTNO : 12 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 12 Service of statement of claim The plaintiff must, as soon as practicable after filing a statement of claim, serve a copy of that statement of claim, and of any attachments to that statement of claim, on the defendant. Compare: SR 1991/226 rr 14(3), 15(3), 16(3), 17(3) <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Summary of argument SECTNO : 13 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 13 Summary of argument (1) This regulation applies to the following proceedings: (a) any matter which is the subject of an election under section 179 of the Act, but which is not to be heard de novo: (b) any application for review, or other proceedings, brought under section 194 of the Act: (c) any other proceedings to which this regulation applies by virtue of a direction of the Court. (2) The plaintiff, in any proceedings to which this regulation applies, must, at least 14 clear days before the date fixed for the hearing, file, with the Registrar of the Court, a summary of the plaintiff's argument in support of the statement of claim. (3) The defendant, in any proceedings to which this regulation applies, must, at least 7 clear days before the date fixed for the hearing, file, with the Registrar of the Court, a summary of the defendant's argument in opposition to the statement of claim. (4) The plaintiff must, as soon as practicable after filing a summary under subclause (2), serve a copy of that summary on the defendant. (5) The defendant must, as soon as practicable after filing a summary under subclause (3), serve a copy of that summary on the plaintiff. Compare: SR 1991/226 rr 10, 11 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Application for special leave to remove matter to Court SECTNO : 14 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : Special leave to remove matter to Court 14 Application for special leave to remove matter to Court (1) Every application under section 178(3) of the Act for special leave to remove a matter from the Authority to the Court must be filed with the Registrar of the Court. (2) The application--- (a) must be in form 3; and (b) must state the grounds on which the application is made; and (c) must be accompanied by a copy of the Authority's determination declining to remove the proceedings to the Court; and (d) may be accompanied by an affidavit verifying the grounds on which the application is made. (3) The prescribed fee must be paid at or before the time at which the application is filed. Compare: SR 1991/226 r 18(1), (2) <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Service of application for special leave SECTNO : 15 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 15 Service of application for special leave The applicant must, as soon as practicable after filing the documents required by regulation 14, serve a copy of each of those documents on the respondent to the application for special leave. Compare: SR 1991/226 r 18(3) <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Opposition to application for special leave SECTNO : 16 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 16 Opposition to application for special leave Except where the Registrar of the Court or a Judge otherwise orders, every respondent who intends to oppose the application for special leave must--- (a) file with the Registrar of the Court, within 30 clear days after the date of the service on the respondent of the application for special leave, a written notice stating that the respondent opposes the application for special leave; and (b) without delay, serve a copy of that written notice on the applicant. Compare: SR 1991/226 r 18(4) <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Joinder of causes of action SECTNO : 17 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : Joinder of causes of action 17 Joinder of causes of action (1) A person who wishes to commence, at the same time, 2 or more proceedings against the same person or against different persons in relation to the same subject-matter, may commence those proceedings by filing, with the Registrar of the Court,--- (a) a statement of claim in form 2; and (b) all of the other documents required for the commencement of the proceedings. (2) Proceedings commenced under subclause (1) must, for the purpose of the payment of a prescribed fee, be deemed to be 1 proceeding; but the fee payable in respect of those proceedings is the highest single fee that would be payable if each of those proceedings were commenced separately. (3) If proceedings commenced under subclause (1) are against more than 1 person, the plaintiff must serve the statement of claim on each such person. Compare: SR 1991/226 r 24(1), (3) <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Power of Court to order separate hearings SECTNO : 18 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 18 Power of Court to order separate hearings In any case where justice so requires, the Court may order separate hearings of proceedings and, for that purpose, may direct the sequence of the separate hearings, or may make such other order as the Court thinks just. Compare: High Court Rules r 113 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Obligation to file statement of defence SECTNO : 19 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : Statement of defence 19 Obligation to file statement of defence (1) Except where the Registrar of the Court or a Judge otherwise orders, every defendant who intends to defend any proceedings in the Court must file a statement of defence with the Registrar of the Court. (2) The statement of defence must be filed within 30 clear days after the date of the service of the statement of claim on the defendant. (3) Every defendant must, as soon as practicable after filing a statement of defence under subclause (1), serve a copy of the statement of defence on the plaintiff. (4) Every defendant who fails to comply with subclauses (1) to (3) may defend the proceedings only with the leave of the Court. (5) Except where a Judge otherwise directs, nothing in this regulation applies to any action that has been accorded urgency under clause 21 of Schedule 3 of the Act or the Court's equity and good conscience jurisdiction. Compare: SR 1991/226 r 26(1)-(5), (7) <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Statement of defence SECTNO : 20 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 20 Statement of defence (1) Every statement of defence filed in accordance with these regulations--- (a) must be in form 4; and (b) must specify, in consecutively numbered paragraphs,--- (i) whether the defendant admits or denies each of the allegations of fact contained in the plaintiff's statement of claim so far as those allegations affect the defendant; and (ii) where the defendant has a positive defence, the details of that defence. (2) The details of a positive defence must include--- (a) the general nature of the defence; and (b) the facts (but not the evidence of the facts) upon which the defence is based; and (c) references to any relevant employment agreement or employment contract or legislation and to any provisions of the agreement or the contract or the legislation that are relied upon. (3) Each paragraph of the statement of defence must be concise and must be confined to 1 topic. (4) Every statement of defence must specify the matters listed in subclause (1)(b) with such reasonable particularity as to fully, fairly, and clearly inform the Court and the other parties of the nature and details of the defence to the plaintiff's claim. (5) Every admission or denial must not be evasive but must substantively answer the point. Compare: SR 1991/226 r 27 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Response where hearing de novo not sought SECTNO : 21 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 21 Response where hearing de novo not sought (1) This regulation applies if a statement of claim has been filed in accordance with regulation 7, but the plaintiff does not seek a hearing de novo. (2) If this regulation applies, the defendant may, in addition to complying with regulation 20, include in the statement of defence filed in accordance with regulation 19, an indication of the defendant's view of the appropriate nature and extent of the hearing. (3) When a defendant has filed a statement of defence that includes a response in accordance with subclause (2), the plaintiff may file with the Registrar a further document replying to the defendant's response. (4) Any such further document must be filed within 14 clear days after the date of the service of the statement of defence on the plaintiff. (5) The Court must, after the plaintiff has filed a further document under subclause (3), or the time allowed by subclause (4) for filing a further document under subclause (3) has expired, give a direction under section 182(3) of the Act as to the nature and extent of the hearing. <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Right to begin SECTNO : 22 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : Presentation of cases 22 Right to begin If any proceedings involve a challenge to a determination of the Authority, the Court must decide the order in which the plaintiff and the defendant are to present their respective cases and, in so deciding, must take into account the nature of the proceedings. <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Place for filing statement of claim under regulation 7 SECTNO : 23 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : Place for filing documents 23 Place for filing statement of claim under regulation 7 Every statement of claim filed under regulation 7 must be filed in the office of the Court that is in the same area as the office of the Authority that originally determined the matter. Compare: SR 1991/226 r 28 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Place for filing other originating documents SECTNO : 24 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 24 Place for filing other originating documents (1) Every statement of claim filed under regulation 8 and every other originating document required to be filed must be filed in such office of the Court (being an office in Auckland, Wellington, or Christchurch)--- (a) as the person lodging the statement of claim or other originating document considers to be nearest by the most convenient route to the place at which the events that gave rise to the cause of action or matter occurred; or (b) as is agreed on by the parties and noted on the statement of claim or other originating document. (2) The Registrar of the Court of his or her own motion, or on the application of any party, may direct the transfer of any proceedings (including proceedings relating to an offence) from any office of the Court to any other office of the Court. (3) The filing of an originating document in the wrong office of the Court does not render the proceedings or the document invalid. Compare: SR 1991/226 r 29 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Place of hearing SECTNO : 25 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 25 Place of hearing (1) The place at which any proceedings are heard must (unless the Court, of its own motion or on the application of any party, otherwise directs) be the place at which the originating documents in those proceedings are filed. (2) The Court, in giving a direction under subclause (1), must have regard to--- (a) the needs of the parties and of the Court; and (b) the convenience to the parties, the witnesses, and the Court; and (c) the interests of justice. Compare: SR 1991/226 r 30 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Place for filing other documents SECTNO : 26 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 26 Place for filing other documents (1) Every document filed in proceedings that have been commenced must be filed--- (a) in the office of the Court in which the originating documents in the proceedings are filed; or (b) if those proceedings have, pursuant to a direction under regulation 24(2), been transferred from 1 office of the Court to another, in the office of the Court to which those proceedings have been transferred. (2) The filing of a document in the wrong office of the Court does not render the proceedings or the document invalid. Compare: SR 1991/226 r 31 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Address for service SECTNO : 27 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : Service 27 Address for service (1) Every document filed with the Registrar of the Court must contain at its foot a memorandum stating by whom the document was filed, and, if filed on behalf of any person, the name of that person. (2) The memorandum must also state an address for service, being an address at which any document may be left for, or sent to, the party filing the memorandum. (3) Any party may change that party's address for service by--- (a) filing with the Registrar of the Court a notice of the change showing the new address for service; and (b) serving a copy of the notice on the opposing party. (4) Every memorandum or notice giving an address for service must set out a sufficient address for service, which must be the full postal address of either--- (a) a place in New Zealand; or (b) a postal box provided in New Zealand by New Zealand Post Limited or some other provider of a postal service. (5) Every memorandum or notice may, in addition to giving the full postal address required by subclause (4), give--- (a) a facsimile number for service; and (b) a document exchange number for service; and (c) an e-mail address for service; and (d) a telephone number of the person by whom or on whose behalf the document is filed. Compare: SR 1991/226 r 32 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Service of notices and documents SECTNO : 28 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 28 Service of notices and documents (1) Except where the Registrar of the Court or a Judge otherwise orders or these regulations otherwise require, every notice, order, or other document which is required to be served under the Act or these regulations and which relates to proceedings before the Court may be served only--- (a) by a party to the proceedings; or (b) by the authorised agent of a party to the proceedings; or (c) in the case of a notice of hearing, by the Registrar of the Court. (2) Except where an Act, or these regulations, prescribes a particular or exclusive mode of service, service of a notice, order, or other document which is required to be served by the Act or these regulations and which relates to proceedings before the Court may be effected,--- (a) if the opposing party has not given an address for service,--- (i) by leaving the notice, order, or document with the person to be served, or, if that person does not accept it, by putting it down in that person's presence and bringing it to that person's notice; or (ii) by sending it by registered post to the last known residence or place of business of the person to be served; or (iii) if the person to be served is a company or an organisation (including a union), by sending the notice, order, or document by registered post to the registered office of that company or organisation or to any postal box held in New Zealand by that company or organisation and provided by New Zealand Post Limited or some other provider of a postal service; or (iv) in such other manner as the Registrar of the Court or a Judge directs: (b) if the opposing party has given an address for service,--- (i) by leaving the notice, order, or document with the person to be served or, if that person does not accept it, by putting it down in that person's presence and bringing it to that person's notice; or (ii) by leaving the notice, order, or document at that address for service at any time between 9 am and 5 pm; or (iii) if the person to be served has given a facsimile number for service, by transmitting the notice, order, or document to that facsimile number; or (iv) if the person to be served has given a document exchange box number for service, by sending the notice, order, or document to that document exchange box; or (v) if the person to be served has given an e-mail address for service, by sending the notice, order, or document to that e-mail address; or (vi) by sending the notice, order, or document by registered post, ordinary post, or courier to that address for service; or (vii) if a person, being a barrister, solicitor, or other representative, represents in writing that that person is authorised to accept service of any notice, order, or document on behalf of the person to be served, by serving the notice, order, or document on that barrister, solicitor, or other representative in accordance with subparagraphs (i) to (vi); or (viii) in such other manner as the Registrar of the Court or a Judge directs. (3) Nothing in this regulation applies to the service of a witness summons. Compare: SR 1991/226 r 34 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Service on New Zealand corporations SECTNO : 29 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 29 Service on New Zealand corporations (1) Service of a notice, order, or other document required to be served by the Act or these regulations may be effected on a corporation incorporated in New Zealand--- (a) by service in accordance with regulation 28(2)(a)(i) or regulation 28(2)(b)(i) on--- (i) the mayor, chairperson, president, principal administrative officer, managing director, secretary, treasurer, or other similar officer of the corporation; or (ii) any member, officer, or employee of the corporation at the corporation's head office or principal place of business; or (b) by leaving the notice, order, or document at the corporation's registered office; or (c) by serving the notice, order, or document on a member, officer, or employee of the corporation in such manner as the Registrar of the Court or a Judge directs. (2) Subclause (1) is in addition to any provision made by or under any Act or these regulations for service of a notice, order, or other document on a corporation unless the provision so made is expressed to be exclusive of any other mode of service. Compare: SR 1991/226 r 35 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Service on unincorporated societies SECTNO : 30 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 30 Service on unincorporated societies (1) Service of a notice, order, or other document required to be served by the Act or these regulations may be effected on an unincorporated society by service in accordance with regulation 28(2)(a)(i) or regulation 28(2)(b)(i) on the president, chairperson, or secretary or any similar officer of the society. (2) Subclause (1) is in addition to any provision made by or under any Act or these regulations for service of a notice, order, or other document on an unincorporated society unless the provision so made is expressed to be exclusive of any other mode of service. Compare: SR 1991/226 r 36 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Service on partnership or apparent partnership SECTNO : 31 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 31 Service on partnership or apparent partnership (1) Service of a notice, order, or other document required to be served by the Act or these regulations on a partnership or on a person carrying on business in the name of a firm apparently consisting of more than 1 person may be effected by service in accordance with regulation 28(2)(a)(i) or regulation 28(2)(b)(i)--- (a) on any partner or on any such person; or (b) at the principal place in New Zealand of the business of the partnership or apparent partnership, on any person appearing to have the control of the business there. (2) Subclause (1) is in addition to any provision made by or under any Act or these regulations for service of a notice, order, or document on a partnership or on a person carrying on business in the name of a firm apparently consisting of more than 1 person unless the provision so made is expressed to be exclusive of any other mode of service. Compare: SR 1991/226 r 37 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Translations into Maori SECTNO : 32 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : Translations into Maori 32 Translations into Maori Where, under these regulations, a document is served on any person who is a Maori within the meaning of Te Ture Whenua Maori Act 1993, the provisions of rules 65 to 68 of the District Courts Rules 1992 apply with all necessary modifications. Compare: 1957 No 87 s 30 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Witness summons SECTNO : 33 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : Witnesses 33 Witness summons (1) A summons issued under clause 6 of Schedule 3 of the Act (being a summons to a person to appear and give evidence before the Court) must be in form 5. (2) The summons must be in triplicate in respect of each person on whom it is to be served. (3) Each copy need contain only the name and address of the person on whom it is to be served. (4) The Registrar must--- (a) sign the summons and the 2 copies; and (b) seal them with the seal of the Court. (5) If the Court is issuing the summons on its own volition, the Registrar of the Court must retain both copies and arrange for service of the summons. (6) If the summons is being issued on the application of a party to the proceedings, the Registrar of the Court must retain 1 copy and issue the summons and the other copy to the applicant for the summons for service. Compare: SR 1991/226 r 38 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Service of witness summons SECTNO : 34 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 34 Service of witness summons (1) A summons issued under clause 6 of Schedule 3 of the Act must be served--- (a) by the applicant for the summons or the applicant's authorised agent; or (b) if the Court issues the summons on its own volition, by the Registrar of the Court or the authorised agent of the Registrar of the Court. (2) A summons issued under subclause (1) is served by leaving it with the person to be served, or, if that person does not accept it, by putting it down in that person's presence and bringing it to that person's notice. (3) In any proceeding (other than a proceeding to which urgency has been accorded under clause 21 of Schedule 3 of the Act or the Court's equity and good conscience jurisdiction), the Court may set aside a summons if the Court considers, on the application of the person served with the summons, that the summons--- (a) is oppressive; or (b) causes, by reason of distance or short notice, undue hardship to that person. <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Witnesses' expenses SECTNO : 35 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 35 Witnesses' expenses At the time of the service of a summons in form 5, or at some other reasonable time before the date on which the witness is required to attend, there must be paid or tendered to the witness the sum fixed under clause 7(3) of Schedule 3 of the Act. Compare: SR 1991/226 r 40 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Power of Registrar to fix disbursements and witnesses' expenses SECTNO : 36 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : Disbursements and witnesses' expenses 36 Power of Registrar to fix disbursements and witnesses' expenses The Registrar of the Court, upon being directed to do so by the Court or a Judge, may fix the amount of any--- (a) disbursements; and (b) witnesses' expenses--- that are payable by any party to any proceedings to any other party to those proceedings. Compare: SR 1991/226 r 41 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Object SECTNO : 37 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : Mutual disclosure and inspection of documents 37 Object The object of regulations 40 to 52 is to ensure that, where appropriate, each party to proceedings in the Court has access to the relevant documents of the other parties to those proceedings, it being recognised that, while such access is usually necessary for the fair and effective resolution of differences between parties to employment relationships, there are circumstances in which such access is unnecessary or undesirable or both. Compare: SR 1991/226 r 45 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Relevant documents SECTNO : 38 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 38 Relevant documents (1) For the purposes of regulation 37 and regulations 40 to 52, a document is relevant, in the resolution of any proceedings, if it directly or indirectly--- (a) supports, or may support, the case of the party who possesses it; or (b) supports, or may support, the case of a party opposed to the case of the party who possesses it; or (c) may prove or disprove any disputed fact in the proceedings; or (d) is referred to in any other relevant document and is itself relevant. (2) For the purposes of regulation 37, this regulation, and regulations 40 to 52, document means a document in any form; and includes--- (a) any writing on any material: (b) any information recorded or stored by means of any tape recorder, computer, or other device; and any material subsequently derived from information so recorded or stored: (c) any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means: (d) any book, map, plan, graph, or drawing: (e) any photograph, film, negative, tape, or other device in which 1 or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced. Compare: SR 1991/226 r 46; High Court Rules r 3(1) <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Applicability SECTNO : 39 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 39 Applicability (1) Subject to subclause (2), regulations 40 to 52 apply to all proceedings in the Court. (2) Nothing in regulations 40 to 52 applies to any action for the recovery of a penalty. Compare: SR 1991/226 r 47 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Availability of disclosure SECTNO : 40 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 40 Availability of disclosure (1) In proceedings to which this regulation applies, any party may require any opposing party--- (a) to disclose and make available for inspection any documents which are in the opposing party's possession, custody, or control and which are relevant to any disputed matter in the proceedings; and (b) if any document which has been in the opposing party's possession, custody, or control and which is relevant to any disputed matter in the proceedings is no longer in that party's possession, custody, or control, to disclose both when it was parted with and what became of it. (2) The parties may agree to dispense with or limit the disclosure of documents to which subclause (1) applies. Compare: SR 1991/226 r 48 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Time for disclosure SECTNO : 41 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 41 Time for disclosure The right conferred by regulation 40(1) may, in any proceeding, be exercised only after--- (a) a document has been filed in the proceeding by every party; or (b) the time within which any party opposed to the application or action is required to file that party's first document has expired,--- whichever is the sooner. Compare: SR 1991/226 r 49 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Notice requiring disclosure SECTNO : 42 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 42 Notice requiring disclosure (1) If a party to any proceedings is entitled to exercise the right conferred by regulation 40(1), that party may serve on the opposing party a notice requiring disclosure. (2) The notice must be in form 6. (3) Within 14 clear days after the service of the notice, the opposing party must--- (a) assemble in a convenient place all the relevant documents in the opposing party's possession, custody, or control and make a concise and ordered list or index of those documents; and (b) state in writing to the party who served the notice a time at which (which time must be within 7 clear days after the date on which the time is stated) and a place where the documents assembled, and the list or index made under paragraph (a), may be inspected and copied; and (c) if any document which has been in the opposing party's possession, custody, or control and which is relevant to any disputed matter in the proceedings is no longer in that party's possession, custody, or control, state in writing to the party who served the notice both when that document was parted with and what became of that document. (4) The substance of a notice in form 6 may be included in a statement of defence and service of the statement of defence constitutes, in any such case, service of a notice in form 6. Compare: SR 1991/226 r 50 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Duty to comply SECTNO : 43 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 43 Duty to comply Subject to regulation 44, every party who has been served with a notice in form 6--- (a) must comply with the tenor of that notice; and (b) must, in addition, take every reasonable step to facilitate the mutual inspection of documents and any necessary copying. Compare: SR 1991/226 r 51 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Objections to disclosure SECTNO : 44 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 44 Objections to disclosure (1) Any party who is served with a notice in form 6 may, within 5 clear days after the day on which that party is served with the notice, object to the disclosure of any document or class of documents by giving to the party requesting disclosure a notice of objection in form 7. (2) The notice of objection must specify the document or documents to which the objection relates and must state the grounds of objection. (3) The only grounds upon which objections may be based are that the document or class of documents--- (a) is or are subject to legal professional privilege; or (b) if disclosed, would tend to incriminate the objector; or (c) if disclosed, would be injurious to the public interest. Compare: SR 1991/226 r 52 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Challenges to objections SECTNO : 45 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 45 Challenges to objections (1) Any party who is served with a notice of objection in form 7 and who wishes to challenge the objection may, within 5 clear days after the day on which that party is served with the notice, apply to the Court in form 8 for an order--- (a) declaring that the objection to disclosure is ill-founded; and (b) directing that the documents be disclosed. (2) In deciding whether or not to make an order under subclause (1), the Court may inspect the document or documents in issue to ascertain the validity of the claim or objection. Compare: SR 1991/226 r 53 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Verification of disclosure SECTNO : 46 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 46 Verification of disclosure (1) Any party who is dissatisfied with the documents disclosed in response to a notice in form 6 may, within 5 clear days after the disclosure, apply to the Court for a verification order. (2) The application must be in form 9. (3) For the purposes of this regulation and regulations 47 and 48, verification order means an order requiring the opposing party to disclose, in a sworn or affirmed statement, whether any document or any class of documents specified or described in the notice in form 6 that has not been disclosed in the response to that notice--- (a) is in the possession, custody, or control of the opposing party; and (b) if not, whether any such document or class of documents was ever in the possession, custody, or control of the opposing party; and (c) if so, when it was parted with and what became of it. Compare: SR 1991/226 r 54 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Power of Court to make verification order SECTNO : 47 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 47 Power of Court to make verification order If the Court, on receiving an application in form 9, is satisfied of the probable existence of the document or class of documents specified or described in the notice in form 6, it may make a verification order. Compare: SR 1991/226 r 55 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Verifying statements SECTNO : 48 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 48 Verifying statements Every party who has been served with a verification order made under regulation 47 may swear or affirm a verifying statement before any person empowered to administer oaths or affirmations under the Oaths and Declarations Act 1957. Compare: SR 1991/226 r 56 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Business book entries SECTNO : 49 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 49 Business book entries (1) If any party requires disclosure of any entries in a business book, the opposing party may, instead of disclosing the original book, provide a copy of any entries in that book. (2) Such copies must be verified by an affidavit of some person who has compared the copy with the original book. Compare: SR 1991/226 r 57 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Continuing obligation SECTNO : 50 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 50 Continuing obligation If any party who has been served with a notice in form 6 obtains, during the proceedings and after responding to that notice, possession, custody, or control of a document relevant to the proceedings, that party's possession, control, or custody of that document must immediately be disclosed by that party to both the other party to the proceedings and the Court. <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Conditions of disclosure SECTNO : 51 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 51 Conditions of disclosure It is a condition of the disclosure of documents that the integrity and confidentiality of any documents disclosed pursuant to any provision of regulations 40 to 50 or to any notice or order given or made under such provision must be maintained at all times and for all purposes and, in particular, that--- (a) the party obtaining disclosure must use such documents and their contents for the purposes of the proceeding only and for no other purposes: (b) if copies of any documents have been made available by any party,--- (i) those copies must be returned to that party within 28 clear days after the conclusion of the proceedings or after the conclusion of any related appeal, whichever is the later; and (ii) copies of any of those copies must not be retained by the party to whom those copies were made available: (c) the information contained in any document so disclosed but not used in evidence in the proceeding--- (i) must, to the extent that that information is derived from that document, remain confidential to the party whose document it is or in whose possession it was immediately before it was made available to any other party; and (ii) must not, to the extent that that information is derived from that document, be disclosed by any person except as may be necessary for the conduct of the proceeding. Compare: SR 1991/226 r 58 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Consequence of failure to comply SECTNO : 52 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 52 Consequence of failure to comply (1) If any party who is required by any of these regulations, or by any notice given or order made under the authority of any such provision, to disclose any documents, or to produce any documents for the purpose of inspection, fails to comply with any provision of that regulation or with that order, as the case may be, then, without prejudice to the power of the Court to make compliance orders, the Court may make such order as it thinks just. (2) The orders that may be made under subclause (1) include, if default is made by an applicant, an order that the proceeding or action be adjourned pending compliance or, in the event of repeated defaults, dismissed. (3) The Court may refuse to receive in evidence any documents tendered by a party who is in default under subclause (1). Compare: SR 1991/226 r 59 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Notice of hearing SECTNO : 53 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : Notice of hearing 53 Notice of hearing (1) Subject to subclause (3), where the Court is to hear and determine any matter, the Registrar of the Court must, unless the parties to the proceeding otherwise agree or the Court otherwise orders, give at least 7 clear days notice to those parties of the sitting of the Court. (2) The notice must be in form 10. (3) If a Judge, acting under clause 21 of Schedule 3 of the Act or in the exercise of the equity and good conscience jurisdiction of the Court, accords urgency to a proceeding, notice of the sitting of the Court at which the Court is to hear any matter must be given to the parties by the Registrar of the Court in such manner and at such time as the Judge directs. Compare: SR 1991/226 r 42 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Power to convene conference SECTNO : 54 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : Conference 54 Power to convene conference (1) A Judge may, at any time before a hearing commences, convene a conference of the parties--- (a) for the purpose of ensuring the most efficient disposition of the matter; or (b) for the purpose of considering the extent to which an attempt has been made to resolve the matter by mediation. (2) The Judge who convenes the conference under subclause (1) may take part in the conference, but must not preside at the hearing of the proceeding unless--- (a) all parties taking part in the conference consent; or (b) the only matter for resolution at the hearing is a question of law. (3) A Judge may, at any time during the hearing, with the consent of the parties, convene a conference of the parties--- (a) for the purpose of ensuring the most efficient disposition of the matter; or (b) for the purpose of considering the extent to which an attempt has been made to resolve the matter by mediation. (4) The Judge presiding at the hearing must arrange for another Judge to take part in the conference unless the parties agree that the hearing Judge should assist, in which case that Judge may do so and continue to preside at the hearing. (5) Every conference held under subclause (1) or subclause (3) must be held in Chambers. Compare: High Court Rules r 442 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Application of system for management of hearings SECTNO : 55 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : System for management of hearings 55 Application of system for management of hearings (1) Regulations 56 to 60 set out a system for the management of hearings of proceedings before the Court. (2) The management system applies only to the following cases: (a) any substantive case, the hearing of which is estimated by the parties or the Court to occupy not less than 3 days (at 5 hours per day); and (b) any other case to which the management system is applied by a Judge,--- (i) of his or her own motion; or (ii) on the application of 1 or more of the parties. (3) The extent (if any) to which the requirements of the management system are to be observed in relation to the hearing of a particular case is to be such as is determined by a direction given by a Judge after obtaining the views of the parties. <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Object of management system SECTNO : 56 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 56 Object of management system The object of the management system is--- (a) to improve the accuracy with which time is allocated for hearings: (b) to reduce the time that Judges are required to spend attending hearings: (c) to increase the number of matters resolved without the need for a hearing: (d) to reduce the number of interlocutory appearances required: (e) to reduce the cost to the parties: (f) to improve the speed with which matters are resolved. <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Plaintiff's management memorandum SECTNO : 57 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 57 Plaintiff's management memorandum (1) If the management system applies in relation to the hearing of any proceedings, the plaintiff must, at least 28 clear days before the date appointed for the hearing, file a management memorandum with the Registrar of the Court. (2) The management memorandum required by subclause (1) must be in form 11. (3) The plaintiff must, as soon as practicable after filing the management memorandum required by subclause (1), serve a copy of that memorandum on the defendant. <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Defendant's management memorandum SECTNO : 58 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 58 Defendant's management memorandum (1) If the management system applies to the hearing of any proceedings, the defendant must, within 7 clear days after being served with the management memorandum required by regulation 57(1), file a management memorandum with the Registrar of the Court. (2) The management memorandum required by subclause (1) must be in form 12. (3) The defendant must, as soon as practicable after filing the management memorandum required by subclause (1), serve a copy of that memorandum on the plaintiff. <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Contents of each management memorandum SECTNO : 59 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 59 Contents of each management memorandum (1) Each management memorandum filed by a party under regulation 57 or regulation 58 must--- (a) make known, by means of a detailed plan set out in the memorandum, that party's view of the time required to present that party's case to the Court; and (b) unless the parties agree otherwise, be accompanied by details of the evidence to be relied on by that party (which details should preferably be in the form of a brief, or draft briefs, of that evidence); and (c) subject to subclause (2), be accompanied by a loose leaf and indexed volume containing the documents intended to be used in evidence by that party. (2) It is not necessary to comply with subclause (1)(c) if the parties to the proceeding file, in accordance with an agreement between them, a single volume containing the documents to be used in evidence by each party. <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Management meeting SECTNO : 60 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : Management meeting 60 Management meeting (1) In the period of 14 clear days before the first day appointed for the hearing, counsel or advocates must meet a Judge in chambers so that the Judge may make, in relation to the hearing, with or without the consent of the counsel or advocates, management decisions of the kind described in subclause (3). (2) The place, date, and time at which the meeting will be held will be specified in the notice of hearing issued under regulation 53. (3) The management decisions in relation to a hearing that may be made at the meeting include decisions that--- (a) reduce the number of exhibits by excluding any that are--- (i) irrelevant; or (ii) repetitious; or (iii) duplicated: (b) limit the evidence in chief to be given--- (i) by specifying evidence that will not be admitted or is repetitious; or (ii) by imposing a limit on the number of witnesses who may be called to prove a particular fact in issue; or (iii) by removing material that is not in dispute or not directly relevant to the central issue: (c) set the limits in time or subject-matter of cross-examination: (d) set the order of trial, the length of submissions, and any requirements of the Court. (4) The requirements of the Court under subclause (3)(d) may include a requirement that each party provide, at the end of the presentation of the case, a concise statement of the findings of fact sought from the Court. (5) On the completion of the management meeting, the presiding Judge will issue to all parties who attended the meeting a memorandum recording the management decisions made at the meeting. (6) Unless the Court otherwise agrees, the hearing must proceed in accordance with the memorandum issued under subclause (5). <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Application for rehearing SECTNO : 61 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : Rehearing 61 Application for rehearing (1) Every application under clause 5 of Schedule 3 of the Act for a rehearing must be filed with the Registrar of the Court. (2) The application--- (a) must be in form 13; and (b) must state fully, but concisely, the grounds on which the application is made; and (c) must be accompanied by the verifying affidavit required by clause 5(4) of Schedule 3 of the Act. (3) The prescribed fee must be paid at or before the time at which the application is filed. (4) Under clause 5(2) of Schedule 3 of the Act, a rehearing may not be granted on an application made more than 28 days after the decision or order, unless the Court is satisfied that the application could not reasonably have been made sooner. Compare: SR 1991/226 r 19(1), (2) <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Service of application for rehearing SECTNO : 62 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 62 Service of application for rehearing (1) As soon as practicable after the documents are filed under regulation 61, a copy of each of those documents must be served on the respondent to the application for a rehearing. (2) Service under subclause (1) must, in accordance with clause 5(3)(a) of Schedule 3 of the Act, take place not less than 7 clear days before the day fixed for the hearing of the application. Compare: SR 1991/226 r 19(3) <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Opposition to application for rehearing SECTNO : 63 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 63 Opposition to application for rehearing Except where the Registrar of the Court or a Judge otherwise orders, every respondent to the application for rehearing who intends to oppose the application for rehearing must--- (a) file with the Registrar of the Court, within 30 clear days after the date of the service on the respondent of the application for rehearing, a written notice stating that the respondent opposes the application for rehearing; and (b) without delay, serve a copy of that written notice on the applicant. Compare: SR 1991/226 r 19(4) <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Power to order stay of proceedings SECTNO : 64 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : Stay of proceedings 64 Power to order stay of proceedings (1) If an election is made under section 179 of the Act, the Authority and the Court each have power to order a stay of proceedings under the determination to which the election relates. (2) If an application for a rehearing is made under clause 5 of Schedule 3 of the Act, the Court has power to order a stay of proceedings under the decision or order to which the application relates. (3) An order under subclause (1) or subclause (2)--- (a) may relate to the whole or part of a determination or decision or order, or to a particular form of execution; and (b) may be made subject to such conditions, including conditions as to the giving of security, as the Authority or the Court thinks fit to impose. <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Application for stay of proceedings SECTNO : 65 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 65 Application for stay of proceedings (1) Every application for an order under regulation 64(1) or regulation 64(2) must,--- (a) if made to the Authority, be lodged with an officer of the Authority; and (b) if made to the Court, be filed with the Registrar of the Court. (2) The application--- (a) must be in form 14; and (b) must state the grounds on which the application is made; and (c) must be filed in duplicate. <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Service of application for stay of proceedings SECTNO : 66 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 66 Service of application for stay of proceedings The applicant must, as soon as practicable after lodging or filing an application under regulation 64(1) or regulation 64(2), serve a copy of that application on the other party to the proceedings. <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Opposition to application SECTNO : 67 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 67 Opposition to application Except where the Authority or the Registrar of the Court or a Judge otherwise orders, every respondent to an application for an order under regulation 64(1) or regulation 64(2) who intends to oppose the application must--- (a) file with an officer of the Authority or the Registrar of the Court, as the case may require, within 14 clear days after the date of the service on the respondent of the application, a written notice stating that the respondent opposes the application; and (b) without delay, serve a copy of that written notice on the applicant. <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Discretion as to costs SECTNO : 68 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : Costs 68 Discretion as to costs (1) In exercising the Court's discretion under the Act to make orders as to costs, the Court may have regard to any conduct of the parties tending to increase or contain costs, including any offer made by either party to the other, a reasonable time before the hearing, to settle all or some of the matters at issue between the parties. (2) Under subclause (1), the Court--- (a) may have regard to an offer despite that offer being expressed to be without prejudice except as to costs; but (b) may not have regard to anything that was done in the course of the provision of mediation services. <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Security for costs SECTNO : 69 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 69 Security for costs (1) This regulation applies in any case where a party to any proceedings that have been decided by the Court (not being proceedings in respect of an offence) applies, in accordance with section 214 of the Act, for leave to appeal against the decision of the Court. (2) In any such case, rule 11 of the Court of Appeal (Civil) Rules 1997 applies, with all necessary modifications, in relation to the application for leave to appeal as if it were an appeal. <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Power of Registrar to issue certificate of judgment SECTNO : 70 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : Certificate of judgment 70 Power of Registrar to issue certificate of judgment (1) If the Court, in any proceeding or action, gives a judgment or makes an order requiring the payment of a sum of money, the Registrar of the Court may issue a certificate of judgment in relation to that judgment or order. (2) Every certificate of judgment issued must be in form 15 and must be sealed with the seal of the Court. (3) The certificate of judgment may be filed in any District Court, and the judgment or order to which the certificate relates is then enforceable on the basis of that certificate in the same manner as a judgment given or order made by a District Court. Compare: SR 1991/226 r 44 <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Prosecutions for offences SECTNO : 71 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : Offences 71 Prosecutions for offences (1) The provisions of Schedule 2 of these regulations have effect in relation to prosecutions for offences. (2) Every information in respect of an offence must be in form 16. (3) Every information for an offence must be laid within 6 months from the time when the matter of the information arose. (4) Every summons to a defendant that is issued in respect of an offence must be in form 17. (5) In this regulation and in regulation 72 and in Schedule 2 of these regulations, offence means an offence against section 30 or section 195(1) or section 235(1) of the Act. <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Records in respect of offences SECTNO : 72 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 72 Records in respect of offences (1) The Registrar of the Court must keep Criminal Records of all proceedings of the Court in respect of offences. (2) Subject to the necessary modifications, the Criminal Records kept under subclause (1) must be kept in the form prescribed for the purposes of section 71 of the Summary Proceedings Act 1957. (3) There must be entered in those records a minute or memorandum of all proceedings of the Court in respect of offences. (4) Every such minute or memorandum must be signed by the Judge presiding over the Court. (5) Any entry in the records kept under subclause (1) or a copy of any such entry or an extract from any such entry, sealed with the seal of the Court and purporting to be signed and certified by the Registrar of the Court as a true copy or correct extract, is at all times without further proof to be admitted in all courts and places whatsoever as evidence of the entry and proceeding referred to thereby and of the regularity of the proceeding. (6) Any such copy of any entry in the records kept under subclause (1) or any such extract from any such entry may be given to any person whom the Registrar of the Court is satisfied has a genuine and proper interest in obtaining the copy or extract. In case of doubt or difficulty, the Registrar of the Court may refer the matter to a Judge, whose decision is to be final. Compare: 1957 No 87 s 71(1), (3), (4) <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Validation of informal proceedings, etc SECTNO : 73 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : Miscellaneous provisions 73 Validation of informal proceedings, etc Nothing in these regulations limits the powers of the Court under section 219 of the Act. <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Joinder, waiver, and extension of time SECTNO : 74 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : 74 Joinder, waiver, and extension of time Nothing in these regulations limits the powers of the Court under section 221 of the Act. <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Fees SECTNO : 75 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : Fees 75 Fees (1) The fees specified in Schedule 3 of these regulations are payable to the Registrar of the Court for the matters set out in that schedule. (2) Every such fee is payable by the person commencing the proceedings in respect of which the fee is payable. (3) The fees specified in Schedule 3 of these regulations are inclusive of goods and services tax. <<<>>> REG : Employment Court Regulations 2000 PART : Regulations SECTI : Revocations and saving SECTNO : 76 TYPE : Clause YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : Revocations and saving 76 Revocations and saving (1) The Employment Court Regulations 1991 (SR 1991/226) and the Employment Court and Employment Tribunal (Fees) Regulations 1997 (SR 1997/122) are revoked. (2) Despite subclause (1), those regulations continue to apply, as if they had not been revoked, to any proceedings in respect of which the Employment Court has jurisdiction under any provision of section 247 or section 248 of the Act. <<<>>> REG : Employment Court Regulations 2000 PART : FIRST: Forms TYPE : Schedule YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : Schedule 1 r 3(2)(b) Forms Form 1 Statement of claim (election to have matter heard in Employment Court) Form 2 Statement of claim Form 3 Application for special leave to remove matter to Employment Court Form 4 Statement of defence Form 5 Witness summons Form 6 Notice requiring disclosure Form 7 Notice of objection to disclosure Form 8 Challenge to objection to disclosure Form 9 Application for verification order Form 10 Notice of hearing Form 11 Plaintiff's management memorandum Form 12 Defendant's management memorandum Form 13 Application for rehearing Form 14 Application for stay of proceedings Form 15 Certificate of judgment Form 16 Information Form 17 Summons to defendant Form 1 r 7(1) Under the Employment Relations Act 2000 In the Employment Court No: ......./........ ...............Registry Election to have matter heard in the Employment Court Between [full name] of [address] Plaintiff And [full name] of [address] Defendant To the defendant And to the Registrar of the Employment Court Statement of claim Section 179, Employment Relations Act 2000 Election 1 I, the plaintiff, by filing this statement of claim, elect to have the Employment Court hear a matter dealt with in a determination of the Employment Relations Authority. Determination 2 I attach a copy of the determination to which this election relates. 3 This election relates to the whole of that determination (or the following part of that determination, namely, [specify the part of the determination to which this election relates]). Particulars of claim 4, 5, [Specify, in consecutively numbered paragraphs, the particulars required 6, etc by regulation 11 of the Employment Court Regulations 2000.] Hearing de novo 7 I seek a full hearing of the entire matter (a hearing de novo). or Hearing only in respect of certain issues 7 I do not seek a full hearing of the entire matter (a hearing de novo). I seek a hearing only in relation to certain issues involved in the matter. 7A [If a hearing de novo is not sought, specify in consecutively numbered paragraphs the matters required by section 179(4) of the Employment Relations Act 2000, namely,--- (a) any error of law or fact alleged by the plaintiff; and (b) any question of law or fact to be resolved; and (c) the grounds on which the election is made, which grounds are to be specified with such reasonable particularity as to give full advice to both the Court and the other parties of the issues involved; and (d) the relief sought.] Prescribed fee 8 The prescribed fee accompanies this statement of claim (or has already been paid). Signature of plaintiff: ....................... Date: ............. Notice to the defendant (1) If you intend to defend the proceedings, you must,--- (a) within 30 clear days after the date of the service of this statement of claim on you, file a statement of defence with the Registrar of the Employment Court at [place]; and (b) without delay, serve 1 copy of that statement of defence on the plaintiff. (2) If you fail to file a statement of defence, you may defend the claim only with the leave of the Court. (3) You will be notified of the place, date, and time of the hearing of the claim and of any management meeting in respect of the hearing of the claim. Registrar of the Employment Court:............................. Date: .............. This statement of claim is filed by ............, whose address for service is .............. and whose telephone number is ............. and whose fax number for service is ............. and whose document exchange box number for service is ............. and whose e-mail address for service is .................1 or This statement of claim is filed by ............., on behalf of the above-named plaintiff, whose address for service is ............. and whose telephone number is ............. and whose fax number for service is ............. and whose document exchange box number for service is ............. and whose e-mail address for service is .............1 1 Although a full postal address must always be supplied, the supply of a telephone number and the supply for service of any 1 or more of the following, namely, a fax number, a document exchange box number, or an e-mail address, are optional. Form 2 rr 8(2), 17(1)(a) Under the Employment Relations Act 2000 In the Employment Court No: ......../......... ............. Registry [Specify the nature of the claim, eg, Action for recovery of penalty] Between [full name] of [address] Plaintiff And [full name] of [address] Defendant To the defendant And to the Registrar of the Employment Court Statement of claim 1 I, the plaintiff, by filing this statement of claim, am commencing in the Employment Court at [place] an action against you in which I seek from the Employment Court [specify the nature of the relief sought, eg, an injunction against the defendant, a compliance order, etc]. Particulars of claim 2, 3, [Specify, in consecutively numbered paragraphs, the particulars 4, etc required by regulation 11 of the Employment Court Regulations 2000. If the action is brought under section 99 of the Employment Relations Act 2000, specify in those particulars the tort on which the action is founded. If the plaintiff is making an application for review or bringing proceedings of the type referred to in section 194(1) of the Employment Relations Act 2000, specify in those particulars details of the exercise, refusal to exercise, or proposed or purported exercise, of the statutory power or statutory power of decision to which the application or proceedings relate.] Prescribed fee 5 The prescribed fee accompanies this statement of claim (or has already been paid). Signature of plaintiff: ...................... Date: ................ Notice to the defendant (1) If you intend to defend the proceedings, you must,--- (a) within 30 clear days after the date of the service of this statement of claim on you, file a statement of defence with the Registrar of the Employment Court at [place]; and (b) without delay, serve 1 copy of that statement of defence on the plaintiff. (2) If you fail to file a statement of defence, you may defend the claim only with the leave of the Court. (3) You will be notified of the place, date, and time of the hearing of the claim and of any management meeting in respect of the hearing of the claim. Registrar of the Employment Court: ................... Date: .................... This statement of claim is filed by ................. , whose address for service is ................. and whose telephone number is ................. and whose fax number for service is ................. and whose document exchange box number for service is ................. and whose e-mail address for service is .................1 or This statement of claim is filed by ................. on behalf of the above-named plaintiff, whose address for service is ................. and whose telephone number is ................. and whose fax number for service is ................. and whose document exchange box number for service is ................. and whose e-mail address for service is .................1 1 Although a full postal address must always be supplied, the supply of a telephone number and the supply for service of any 1 or more of the following, namely, a fax number, a document exchange box number, or an e-mail address, are optional. Form 3 r 14(2)(a) Under the Employment Relations Act 2000 In the Employment Court No: ......./....... ...............Registry Application for special leave to remove matter to Employment Court Between [full name] of [address] Applicant And [full name] of [address] Respondent To the respondent And to the Registrar of the Employment Court Application for special leave to remove matter to Employment Court Section 178(3), Employment Relations Act 2000 Proceedings before the Employment Relations Authority I am a party to proceedings before the Employment Relations Authority. Those proceedings are between the above-mentioned parties. The file number of those proceedings is ................. The Employment Relations Authority has declined my application for the removal to the Employment Court of the matter to which those proceedings relate (or part of the matter to which those proceedings relate). Application for special leave I am applying to the Employment Court at [place] for special leave to remove to the Employment Court that matter (or that part of that matter, namely, [specify the part of that matter to which the application relates]). Grounds The application is based on the following grounds [specify the grounds]: Determination of Employment Relations Authority I attach a copy of the determination by which the Employment Relations Authority declined to remove the matter (or part of the matter) to the Employment Court. Prescribed fee The prescribed fee accompanies this application (or has already been paid). Signature of applicant: ................. Date: ................. Notice to the respondent to application for special leave (1) If you intend to oppose the application for special leave, you must,--- (a) within 30 clear days after the date of the service on you of this notice, file with the Registrar of the Employment Court at [place] a written notice stating that you oppose the application for special leave; and (b) without delay, serve 1 copy of that written notice on the applicant. (2) If you fail to file a written notice stating that you oppose the application for special leave, you may oppose the application for special leave only with the leave of the Court. (3) You will be notified of the place, date, and time of the hearing of the application for special leave and of any management meeting in respect of the hearing of the application. Registrar of the Employment Court: ................. Date: ................. This application is filed by ............. whose address for service is ................. and whose telephone number is ................. and whose fax number for service is ................. and whose document exchange box number for service is ................. and whose e-mail address for service is .................1 or This application is filed by ................., on behalf of the above-named applicant, whose address for service is ................. and whose telephone number is ................. and whose fax number for service is ............ and whose document exchange box number for service is ............ and whose e-mail address for service is .................1 1 Although a full postal address must always be supplied, the supply of a telephone number and the supply for service of any 1 or more of the following, namely, a fax number, a document exchange box number, or an e-mail address, are optional. Form 4 r 20(1)(a) Under the Employment Relations Act 2000 In the Employment Court No: ....../....... .............. Registry [State nature of claim] Between [full name] of [address] Plaintiff And [full name] of [address] Defendant To the plaintiff And to the Registrar of the Employment Court Statement of defence [Specify, in consecutively numbered paragraphs, the particulars required by regulation 20 of the Employment Court Regulations 2000.] Signature of defendant: ................. Date: ................. This statement of defence is filed by ................., whose address for service is ................. and whose telephone number is ................. and whose fax number for service is .................and whose document exchange box number for service is ................. and whose e-mail address for service is .................1 or This statement of defence is filed by ................., on behalf of the above-named plaintiff, whose address for service is ................. and whose telephone number is ................. and whose fax number for service is ................. and whose document exchange box number for service is ................. and whose e-mail address for service is .................1 1 Although a full postal address must always be supplied, the supply of a telephone number and the supply for service of any 1 or more of the following, namely, a fax number, a document exchange box number, or an e-mail address, are optional. Form 5 r 33(1) Under the Employment Relations Act 2000 In the Employment Court No: ......../........ .............. Registry [State nature of claim] Between [full name] of [address] Plaintiff And [full name] of [address] Defendant Witness summons Schedule 3, clause 6, Employment Relations Act 2000 To [name], of [address] You are required to attend before the Employment Court at [address] on [date] at [time], and from day to day thereafter until you are discharged from attendance, to give evidence at the hearing of the above-mentioned proceedings. And you are ordered to bring with you and produce at the same time and place [set out details of the books, papers, or other documents in the person's possession or under the person's control to be produced]. This summons is issued by the Employment Court at [place] on the application of [full name], the [state the party, ie, plaintiff, defendant, etc], under the seal of the Employment Court at [place] on [date]. or This summons is issued by the Employment Court at [place], of its own volition, under the seal of the Employment Court at [place] on [date]. Registrar of the Employment Court: ................. Form 6 r 42(2) Under the Employment Relations Act 2000 In the Employment Court No: ......../......... ...............Registry [State nature of proceedings] Between [full name] of [address] Plaintiff And [full name] of [address] Defendant To the above-named plaintiff (or defendant) Notice requiring disclosure Take notice that, under regulation 42 of the Employment Court Regulations 2000, you are required, within 14 clear days after the day on which this notice is served on you,--- (a) to assemble in a convenient place all the relevant documents or class of documents listed below which are, or were at the time of the service of this notice on you, in your possession, custody, or control; and (b) to make a concise and ordered list or index of those documents; and (c) to state in writing, to the party who served this notice on you, a time (which must be within 7 clear days after the date on which you state that time) and a place where the documents assembled, and the list or index made, may be inspected and copied; and (d) if any document which has been in your possession, custody, or control and which is relevant to any disputed matter in the proceedings is no longer in your possession, custody, or control, to state in writing to the party who served this notice on you both when that document was parted with and what became of that document. List of documents [The documents described must be listed and numbered in a convenient sequence. Do this as concisely as possible, but describe each document or, in the case of a class of documents of the same nature, describe the class sufficiently to enable the class to be identified.] Notes (1) You may be entitled to object to the disclosure of any document or class of document by serving on the opposing party an objection to disclosure. (2) The only grounds upon which objections may be based are that the document or class of documents--- (a) is or are subject to legal professional privilege; or (b) if disclosed, would tend to incriminate the objector; or (c) if disclosed, would be injurious to the public interest. (3) Any objection to disclosure must, within 5 clear days after the day on which you were served with this notice, be given to the party requesting disclosure. (4) The form of the objection to disclosure is form 7 in Schedule 1 of the Employment Court Regulations 2000. If in doubt, please contact the Registrar of the Court immediately. (5) If you obtain, during the proceedings and after responding to this notice, possession, custody, or control of a document relevant to the proceedings, your possession, control, or custody of that document must immediately be disclosed by you to both the other party to the proceedings and the Court. Signature of defendant (or plaintiff): ................. Date: ................. Form 7 r 44(1) Under the Employment Relations Act 2000 In the Employment Court No: ........./......... ...............Registry [State nature of proceedings] Between [full name] of [address] Plaintiff And [full name] of [address] Defendant To the above-named plaintiff (or defendant) Objection to disclosure Take notice that I, the above-named defendant (or plaintiff), object to the disclosure of [describe the document or class of documents sufficiently so as to enable it or the class to be identified] upon the grounds that [specify the grounds, which must be grounds specified in regulation 44(3) of the Employment Court Regulations 2000, upon which objections may be made]. This objection to disclosure is, in accordance with regulation 44(1) of the Employment Court Regulations 2000, being given within 5 clear days after the notice requiring disclosure was served on me. Signature of defendant (or plaintiff): ................. Date: ................. Form 8 r 45(1) Under the Employment Relations Act 2000 In the Employment Court No: ......./........ .............. Registry [State nature of proceedings] Between [full name] of [address] Plaintiff And [full name] of [address] Defendant To the above-named defendant (or plaintiff) And to the Registrar of the Employment Court Challenge to objection to disclosure I, the above-named plaintiff (or defendant), challenge the objection to disclosure served on me by the above-named defendant (or plaintiff). I apply for an order--- (a) declaring the objection to be ill-founded; and (b) directing that the document (or class of documents) be disclosed. Grounds This challenge is based on the following grounds: [state fully, but concisely, why you believe that the defendant's or plaintiff's objection is ill-founded]. Time This challenge is, in accordance with regulation 45(1) of the Employment Court Regulations 2000, being made within 5 clear days after the day on which the defendant's (or plaintiff's) objection to disclosure was served on me. Notice of objection A copy of the defendant's (or plaintiff's) objection to disclosure is attached. Signature of plaintiff (or defendant): ................. Date: ................. Notice to the defendant (or plaintiff) Hearing You will be notified of the place, date, and time of any hearing of the challenge. Registrar of the Employment Court: ................. Date: ................. This challenge is filed by ................., whose address for service is ................. and whose telephone number is ................. and whose fax number for service is ................. and whose document exchange box number for service is ................. and whose e-mail address for service is.................1 or This challenge is filed by ................., on behalf of the above-named plaintiff (or defendant), whose address for service is ................. and whose telephone number is ................. and whose fax number for service is ................. and whose document exchange box number for service is ................. and whose e-mail address for service is .................1 1 Although a full postal address must always be supplied, the supply of a telephone number and the supply for service of any 1 or more of the following, namely, a fax number, a document exchange box number, or an e-mail address, are optional. Form 9 r 46(2) Under the Employment Relations Act 2000 In the Employment Court No: ......./........ .............. Registry [State nature of proceedings] Between [full name] of [address] Plaintiff And [full name] of [address] Defendant To the above-named plaintiff (or respondent) And to the Registrar of the Employment Court Application for verification order I am the above-named defendant (or plaintiff). I apply under regulation 46 of the Employment Court Regulations 2000 for a verification order, requiring the above-named plaintiff (or defendant) to make a sworn or affirmed statement, stating whether [specify the document or class of documents, being a document or class of documents specified or described in the notice in form 6 which is or has at any time been in the possession, custody, or control of the opposing party and, if such document or class of documents is no longer in that party's possession, custody, or control, when it was parted with and what has become of it]. Signature of defendant (or plaintiff): ...................... Date: .............. This application is filed by .............., whose address for service is .............. and whose telephone number is .............. and whose fax number for service is .............. and whose document exchange box number for service is .............. and whose e-mail address for service is ..............1 or This application is filed by .............., on behalf of the above-named defendant (or plaintiff), whose address for service is ..............and whose telephone number is .............. and whose fax number for service is .............. and whose document exchange box number for service is ......... and whose e-mail address for service is ..............1 1 Although a full postal address must always be supplied, the supply of a telephone number and the supply for service of any 1 or more of the following, namely, a fax number, a document exchange box number, or an e-mail address, are optional. Form 10 rr 53(2), 60(2) Under the Employment Relations Act 2000 In the Employment Court No: ......./........ .............. Registry [State nature of proceedings] Between [full name] of [address] Plaintiff And [full name] of [address] Defendant To the plaintiff (or applicant) And to the defendant (or respondent) Notice of hearing The above-mentioned action (or proceedings or application or challenge) will be heard in the Employment Court at [address] on [date] at [time]. Consequences of non-attendance If the plaintiff (or applicant) does not attend the hearing, the action (or proceedings or application or challenge) may be dismissed and the Court may award costs against the plaintiff (or applicant). If the defendant (or respondent) does not attend the hearing, the Court may, without hearing evidence from the defendant (or respondent), give judgment for the plaintiff (or applicant). Evidence You may give your evidence by reading from a typewritten or written brief and swearing or affirming its contents. If you give your evidence in that way, you must supply [number] copies of that brief to the Registrar of the Employment Court. *Summary of argument in support The plaintiff, in any proceedings to which regulation 13 of the Employment Court Regulations 2000 applies, must--- (a) file with the Registrar of the Court, at least 14 clear days before the date fixed for the hearing, a summary of the plaintiff's argument in support of the statement of claim; and (b) as soon as practicable after filing the summary, serve a copy of the summary on the defendant. *Summary of argument in opposition The defendant, in any proceedings to which regulation 13 of the Employment Court Regulations 2000 applies, must--- (a) file with the Registrar of the Court, at least 7 clear days before the date fixed for the hearing, a summary of the defendant's argument in opposition to the statement of claim; and (b) as soon as practicable after filing the summary, serve a copy of the summary on the plaintiff. *Management meeting A management meeting in relation to the hearing is to be held in chambers at the Employment Court at [address] on [date] at [time]. Dated at [place] this .............. day of .............. 20.... . Registrar of the Employment Court:.............. Note: If in doubt, please contact the Registrar of the Employment Court immediately. * Delete if inapplicable. Form 11 r 57(2) Under the Employment Relations Act 2000 In the Employment Court No: ......./........ .............. Registry [State nature of proceedings] Between [full name] of [address] Plaintiff And [full name] of [address] Defendant To the Registrar of the Employment Court And to the above-named defendant Plaintiff's management memorandum 1 Issues [Describe from the plaintiff's perspective the main issues involved in the case (maximum of 6).] 2 Brief statement of facts [State the facts essential to this case indicating in respect of each whether the fact is admitted, denied, or partly admitted, and partly denied.] 3 Law [List the case and statutory authority on which the case depends. Any reference to a case should include the exact page in the case where the relevant principle can be found. There should be no more than 3 cases for each principle. Any reference to a statute should include the exact section of the statute upon which the party relies.] 4 Witnesses [List each witness to be called for the plaintiff and, unless the parties agree otherwise, give details of the evidence each witness will give (which details should preferably be in the form of a brief, or draft briefs, of that evidence. Witnesses of fact should be separated from expert opinion witnesses.] The plaintiff is not undertaking, by providing briefs, to call all or any of the witnesses briefed. 5 Length of hearing [Using the format below, set out a plan showing the order in which the witnesses will be called at the hearing and an estimate of the approximate time in hours and minutes that each witness for the plaintiff will testify. 1] _____________________________________________________________________________________________________________________ 1 Witnesses for plaintiff _____________________________________________________________________________________________________________________ No Name Description Evidence-in-chief Length of brief Cross- | Total time Actual time (time in hours and (in pages) examination | (in hours and (in hours minutes) (timeinhoursand | minutes) and minutes) | Minutes)2 _____________________________________________________________________________________________________________________ High Low High Low | High Low _____________________________________________________________________________________________________________________ ____________________________________________________________________________________|________________________________ ____________________________________________________________________________________|________________________________ Total witness time (in hours) | _____________________________________________________________________________________________________________________ 2 Submissions by plaintiff to Judge (in hours) | _____________________________________________________________________________________________________________________ 3 Total time for presenting case for plaintiff (in hours) | _____________________________________________________________________________________________________________________ 4 Total number of court days required by plaintiff (at 5 hours per day) | _____________________________________________________________________________________________________________________ 6 Remedies [Spell out all remedies still being actively sought and, to the extent that the statement of claim does not do so, set out the range of amounts being sought and any necessary calculations.] Signature of counsel (or solicitor or advocate) for plaintiff: ................. Date: ................ 1 As a guide, count 2 minutes per page for the first 10 pages of the brief and 3 minutes per page for each extra page. 2 To be completed at the hearing. Form 12 r 58(2) Under the Employment Relations Act 2000 In the Employment Court No: ......./........ .............. Registry [State nature of proceedings] Between [full name] of [address] Plaintiff And [full name] of [address] Defendant To the Registrar of the Employment Court And to the above-named plaintiff Defendant's management memorandum 1 Issues [Describe from the defendant's perspective the main issues involved in the case (maximum of 6).] 2 Brief statement of facts [State the facts essential to the defence.] 3 Law [List the case and statutory authority on which the defence depends. Any reference to a case should include the exact page in the case where the relevant principle can be found. There should be no more than 3 cases for each principle. Any reference to a statute should include the exact section of the statute upon which the party relies.] 4 Witnesses [List each witness to be called for the defendant and, unless the parties agree otherwise, give details of the evidence each witness will give (which details should preferably be in the form of a brief, or draft briefs, of that evidence. Witnesses of fact should be separated from expert opinion witnesses.] The defendant is not undertaking, by providing briefs, to call all or any of the witnesses briefed. 5 Length of hearing [Using the format below, set out a plan showing the order in which the witnesses will be called at the hearing and an estimate of the approximate time in hours and minutes that each witness for the defence will testify.] _____________________________________________________________________________________________________________________ 1 Witnesses for defendant _____________________________________________________________________________________________________________________ No Name Description Evidence-in-chief Length of brief Cross- | Total time Actual time (time in hours and (in pages) examination | (in hours and (in hours minutes) (timeinhoursand | minutes) and minutes) | Minutes)2 _____________________________________________________________________________________________________________________ High Low High Low | High Low _____________________________________________________________________________________________________________________ ____________________________________________________________________________________|________________________________ ____________________________________________________________________________________|________________________________ Total witness time (in hours) | _____________________________________________________________________________________________________________________ 2 Submissions by plaintiff to Judge (in hours) | _____________________________________________________________________________________________________________________ 3 Total time for presenting case for plaintiff (in hours) | _____________________________________________________________________________________________________________________ 4 Total number of court days required by plaintiff (at 5 hours per day) | _____________________________________________________________________________________________________________________ Signature of counsel (or solicitor or advocate) for defendant: .............. Date: .............. 1 As a guide, count 2 minutes per page for the first 10 pages of the brief and 3 minutes per page for each extra page. 2 To be completed at the hearing. Form 13 r 61(2)(a) Under the Employment Relations Act 2000 In the Employment Court No: ......./........ .............. Registry [State nature of proceedings] Between [full name] of [address] Applicant And [full name] of [address] Respondent To the respondent And to the Registrar of the Employment Court Application for rehearing Schedule 3, clause 5, Employment Relations Act 2000 I am the original plaintiff (or the original defendant) in the proceedings mentioned above. I am applying to the Employment Court at [place] for a rehearing of those proceedings. The date of the judgment (or order) of the Court is [date]. Grounds I am applying for a rehearing on the following grounds [specify fully, but concisely, the grounds on which the application for a rehearing is being made]. Verifying affidavit This application is accompanied by an affidavit verifying the grounds on which the application for a rehearing is being made. Prescribed fee The prescribed fee accompanies this application (or has already been paid). Signature of applicant: .............. Date: .............. Notice to the respondent (1) If you intend to defend the application for a rehearing, you must,--- (a) within 30 clear days after the date of the service of this notice on you, file with the Registrar of the Employment Court at [place] a written notice stating that you oppose the application for a rehearing; and (b) without delay, serve 1 copy of that written notice on the applicant. (2) You will be notified of the place, date, and time of the hearing of the application for a rehearing and of any management meeting in respect of the hearing of the application. Registrar of the Employment Court: .............. Date: .............. This application is filed by .............. , whose address for service is .............. and whose telephone number is and whose fax number for service is .............. and whose document exchange box number for service is .............. and whose e-mail address for service is .............. 1 or This application is filed by .............. , on behalf of the above-named applicant, whose address for service is .............. and whose telephone number is .............. and whose fax number for serviceis .............. and whose document exchange box number for service is .............. and whose e-mail address for service is .............. 1 1 Although a full postal address must always be supplied, the supply of a telephone number and the supply for service of any 1 or more of the following, namely, a fax number, a document exchange box number, or an e-mail address, are optional. Form 14 r 65(2)(a) Under the Employment Relations Act 2000 In the Employment Court No: ......./........ .............. Registry Application to Employment Relations Authority (or Employment Court) for stay of proceedings Between [full name] of [address] Applicant And [full name] of [address] Respondent To the respondent And to the Employment Relations Authority (or the Registrar of the Employment Court) Application for stay of proceedings Regulation 65, Employment Court Regulations 2000 I, the applicant, apply for a stay of proceedings. Particulars of election under section 179, Employment Relations Act 2000 This application relates to proceedings on a determination of the Employment Relations Authority. I have, under section 179 of the Employment Relations Act 2000, elected to have the matter to which that determination relates heard by the Employment Court. The file number of that determination is .............. The file number of my election is .............. Particulars of application for rehearing under clause 5 of Schedule 3, Employment Relations Act 2000 This application relates to proceedings on a decision (or order) of the Employment Court. I have, under clause 5 of Schedule 3 of the Employment Relations Act 2000, applied for a rehearing of the matter to which the decision (or order) relates. The file number of that decision (or order) is .............. Grounds for application for stay of proceedings This application for a stay of proceedings is made on the following grounds [specify the grounds with such reasonable particularity as to give full advice to both the Authority (or the Court) and the other parties of the issues involved]. Signature of applicant: .............. Date: .............. Notice to the respondent (1) If you intend to oppose this application for a stay of proceedings, you must,--- (a) within 14 clear days after the date of the service on you of this application for a stay of proceedings, file with an officer of the Employment Relations Authority at [place] (or the Registrar of the Employment Court at [place]) a written notice stating that you oppose this application for a stay of proceedings; and (b) without delay, serve 1 copy of that written notice on the applicant. (2) If you fail to file a written notice stating that you oppose this application for a stay of proceedings, you may oppose this application for a stay of proceedings only with the leave of the Court. (3) You will be notified of the place, date, and time of the hearing of this application for a stay of proceedings. Registrar of the Employment Court:.............. Date: .............. This application for a stay of proceedings is filed by .............. , whose address for service is .............. and whose telephone number is .......... and whose fax number for service is .............. and whose document exchange box number for service is .............. and whose e-mail address for service is .............. 1 or This application for a stay of proceedings is filed by .............. , on behalf of the above-named applicant, whose address for service is ......... and whose telephone number is .............. and whose fax number for service is .............. and whose document exchange box number for service is .............. and whose e-mail address for service is .............. 1 1 Although a full postal address must always be supplied, the supply of a telephone number and the supply for service of any 1 or more of the following, namely, a fax number, a document exchange box number, or an e-mail address, are optional. Form 15 r 70(2) Under the Employment Relations Act 2000 In the Employment Court No: ......./........ .............. Registry Between [full name] of [address] Plaintiff (or Applicant) And [full name] of [address] Defendant (or Respondent) Certificate of judgment This is to certify that on [date] the Employment Court adjudged that the sum of $........, together with $....... for costs (the particulars of which are set out below) be paid by [name], of [address], to [name], of [address]. Dated at [place] this .............. day of .............. 20....... . The seal of the Employment Court was affixed by me, [name], Registrar of the Employment Court ...................... Signature Particulars of amounts adjudged to be paid, etc Sum adjudged to be paid: $.......... Costs: $......... Form 16 r 71(2) Information Under the Employment Relations Act 2000 I, [full name], of [address, occupation] say on oath that I have just cause to suspect, and do suspect, that on the .............. day of .............. 20....., at .............. , [full name] of [address, occupation], *who was born on the .............. day of .............. 20..... , [here set out the substance of the offence] [here add section of the Employment Relations Act 2000 applicable]. ...................... [Signature of informant] Sworn before me at .......... this ........ day of ............ 20.... . ....................... Judge of the Employment Court or Justice of the Peace or Registrar of the Employment Court * Delete if inapplicable. Form 17 r 71(4) Summons to defendant Under the Employment Relations Act 2000 To [full name], of [address, occupation]. [Full name], of [address, occupation] has stated on oath that he (or she) has just cause to suspect, and does suspect, that you, the said [full name], on the .............. day of.............. 20..... , at .............. , [here set out the substance of the offence] [here add section of the Employment Relations Act 2000 applicable]. You are summoned to appear on ............ day, the .........day of ........... 20...... , at .............. am (or pm), at the Employment Court at [address], to answer to the information. Dated at ......... this ........ day of .............. 20..... ....................... Judge of the Employment Court (or Registrar of the Employment Court) <<<>>> REG : Employment Court Regulations 2000 PART : SECOND: Provisions having effect in relation to prosecutions for offences TYPE : Schedule YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : Schedule 2 r 71(1) Provisions having effect in relation to prosecutions for offences 1 Commencement of prosecution (1) Every prosecution for an offence must be commenced by the filing of an information in form 16. (2) Every information must be substantiated on oath or by affirmation before a Judge of the Employment Court or Justice of the Peace or before a Registrar of the Employment Court. (3) Without limiting any provision of the Act or of these regulations or any other enactment, no information is invalid by reason only that it does not contain the date of birth of the defendant or does not correctly describe the defendant's date of birth, and no amendment will be required to remedy that omission or error before the hearing of the information. Compare: 1957 No 87 s 15 2 Information may be for more than 1 offence An information may allege more than 1 offence, either cumulatively or in the alternative. Compare: 1957 No 87 s 16(1) 3 Information to contain sufficient particulars Every information must contain such particulars as will fairly inform the defendant of the substance of the offence or offences with which he or she is charged. Compare: 1957 No 87 s 17 4 Information to be filed in nearest Court As soon as practicable after an information is substantiated on oath or by affirmation, that information must be filed by the informant in such office of the Court as the informant considers to be nearest by the most convenient route to the place at which the offence was alleged to have been committed. Compare: 1957 No 87 s 18(1) 5 Issue of summons to defendant When an information has been substantiated on oath or by affirmation, any Judge or the Registrar of the Court may issue a summons to the defendant in form 17. Compare: 1957 No 87 s 19(1)(a) 6 Withdrawal of information by informant (1) Any information may by leave of the Court be withdrawn by the informant before the defendant has been convicted or the information has been dismissed or, in any case where the defendant has pleaded guilty, before he or she has been sentenced or otherwise dealt with. (2) The withdrawal of an information does not operate as a bar to any other proceedings in the same matter. Compare: 1957 No 87 s 36(1), (3) 7 Witnesses at hearing (1) The Court may, if it thinks fit, of its own motion or at the request of any party at any time during the hearing of any proceeding, order all or any witnesses other than any witness who has given or is giving his or her evidence to leave the courtroom and to remain out of hearing but within call until required to give evidence. (2) The Court may, at any time during the hearing, require the parties to state what witnesses they intend to call, and may, if it thinks fit, refuse to allow any witness whose name was not so stated to give evidence. Compare: 1957 No 87 s 40 8 Right to plead guilty by notice to Registrar (1) Any person charged with an offence may in writing addressed to the Registrar of the Court give notice that he or she pleads guilty, and the Court then has the same power to deal with him or her as if he or she had appeared before it and pleaded guilty. (2) As soon as practicable after receiving any such notice from the defendant, the Registrar of the Court must give notice of it to the informant. Compare: 1957 No 87 s 41 9 Plea of guilty may be withdrawn by leave of Court A plea of guilty may, by leave of the Court, be withdrawn at any time before the defendant has been sentenced or otherwise dealt with. Compare: 1957 No 87 s 42 10 Amendment of information where defendant appears (1) Subject to this clause, where the defendant appears to answer a charge, the Court may amend the information in any way at any time during the hearing. (2) Without limiting the generality of the powers conferred by subclause (1), it is declared that those powers include power to amend an information by substituting 1 offence for another offence. (3) Where under subclause (2) any information is amended by substituting 1 offence for another, then the following provisions apply: (a) subject to paragraphs (b) and (c), the hearing will be continued as if the defendant had originally been charged with the substituted offence: (b) before the hearing is continued, the substance of the charge as amended must be stated to the defendant and he or she will be asked how he or she pleads; and, if he or she pleads guilty, the Court may convict him or her or deal with him or her in any other manner authorised by law: (c) any evidence already given is deemed to have been given in and for the purposes of the hearing of the charge as amended, but either party has the right to examine or cross-examine or re-examine any witness whose evidence has already been given in respect of the offence originally charged. Compare: 1957 No 87 s 43(1), (2), (3)(a), (b), (d) 11 Powers of Court when defendant does not appear In any case where a summons has been served on the defendant a reasonable time before the hearing, and at the hearing only the informant appears, evidence of a fact or opinion which would be admissible if given by direct oral evidence is also admissible if given by way of an affidavit. Compare: 1957 No 87 s 61(c) 12 Powers of Court when informant does not appear Where at the hearing of any charge only the defendant appears, the Court may dismiss the information for want of prosecution or adjourn the hearing to such time and place and on such conditions as the Court thinks fit. Compare: 1957 No 87 s 62(b) 13 Powers of Court when neither party appears Where at the hearing of any charge neither the informant nor the defendant appears, the Court may dismiss the information for want of prosecution or adjourn the hearing to such time and place and on such conditions as the Court thinks fit. Compare: 1957 No 87 s 63 14 Dismissal for want of prosecution not to operate as bar to other proceedings The dismissal of an information for want of prosecution does not operate as a bar to any other proceedings in the same matter. Compare: 1957 No 87 s 64 15 Court to proceed when both parties appear (1) Where at the hearing of any charge both the informant and the defendant appear, the Court must proceed with the hearing. (2) Despite subclause (1), if the defendant is not personally present, the Court may, if it thinks fit, adjourn the hearing to such time and place and on such conditions as it thinks fit to enable the defendant to be present. Compare: 1957 No 87 s 65 16 Conduct of hearing (1) Before any charge is gone into, the substance of the charge must be stated to the defendant if he or she appears, and the defendant must be asked how he or she pleads. (2) If the defendant pleads guilty, the Court may convict him or her or deal with him or her in any other manner authorised by law. (3) If the defendant does not plead guilty, the hearing must be conducted in accordance with this clause. (4) The Court must first hear the informant and such evidence as he or she may adduce, and must then hear the defendant and such evidence as he or she may adduce. It will then hear such evidence as the informant may adduce in rebuttal of any evidence given by or on behalf of the defendant. (5) If the defendant refrains from giving evidence, or from calling his wife or her husband, as the case may be, as a witness, no comment adverse to the defendant may be made in that regard by the informant. (6) The parties may examine, cross-examine, and re-examine witnesses. (7) Any exception, exemption, proviso, excuse, or qualification, whether it does or does not accompany the description of the offence in the Act, may be proved by the defendant, but need not be negatived in the information, and, whether or not it is so negatived, no proof in relation to the matter can be required on the part of the informant. Compare: 1957 No 87 s 67(1)-(6), (8) 17 Decision of Court (1) The Court, having heard what each party has to say and the evidence adduced by each, must consider the matter and may convict the defendant or dismiss the information, either on the merits or without prejudice to its again being laid, or deal with the defendant in any other manner authorised by law. (2) The Court may, if it thinks fit, reserve its decision, and in that case may give it at any adjourned or subsequent sitting of the Court or may draw up the decision in writing, sign it, and send it to the Registrar of the Court. (3) When, under subclause (2), a written decision is sent to the Registrar of the Court, the Registrar of the Court must deliver it at a time and place appointed by him or her. (4) Every reserved decision delivered by the Registrar of the Court must be entered in the Criminal Records kept pursuant to regulation 72 and signed by the Registrar of the Court, and will have the same force and effect as if given by the Court on that date. Compare: 1957 No 87 s 68 18 Proof of previous convictions (1) Where any person is charged with an offence, the informant may serve on the defendant a notice in writing specifying any alleged previous conviction proposed to be brought to the notice of the Court in the event of his or her conviction of the offence charged. (2) Any such notice must specify--- (a) the date of the alleged conviction; and (b) the Court in which the conviction was entered; and (c) the nature of the offence; and (d) the sentence of the Court in respect of the conviction (including any order of the Court made on the conviction); and (e) a statement to the effect that the Court may, where the defendant is not present in person before the Court and has not notified the Court in writing that he or she disputes any such conviction or any material details in connection with the conviction, in the event of the conviction of the defendant take into account any conviction specified in the notice and the particulars concerning it as specified in the notice, as if the defendant had been present in person and admitted it. (3) In the event of the conviction of the defendant and upon proof that the notice was served on him or her not less than 7 clear days previously, the Court may, if the defendant is not present in person before the Court and has not notified the Court in writing that he or she disputes the conviction or any material details in connection with the conviction, take into account any conviction specified in the notice and the particulars concerning it as specified in the notice, as if the defendant had been present in person and admitted it. Compare: 1957 No 87 s 69A <<<>>> REG : Employment Court Regulations 2000 PART : THIRD: Fees TYPE : Schedule YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : Schedule 3 r 75 Fees $ 1 Filing statement of claim in form 1 200 2 Filing statement of claim in form 2 300 3 Filing application for special leave to remove proceedings to Employment Court 200 4 Filing application for rehearing 300 5 Filing challenge to objection to disclosure 100 6 Filing application for verification order 100 7 Hearing fee, for each half-day or part thereof after the first day 245 Marie Shroff, Clerk of the Executive Council. <<<>>> REG : Employment Court Regulations 2000 TYPE : Explanatory Note YEAR : 2000 COMDATE : 27-NOV-2000 TEXT : Explanatory Note This note is not part of the regulations, but is intended to indicate their general effect. These regulations prescribe procedural matters, forms, and fees in relation to matters that are within the jurisdiction of the Employment Court. These regulations come into force on 27 November 2000. The fees prescribed by these regulations are inclusive of goods and services tax. Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 23 November 2000. These regulations are administered in the Department of Labour.