Chief judge also denies requests for stay and interim non-publication
The New Zealand Employment Court struck out a challenge brought by a woman adjudicated bankrupt on 12 February 2026 for lack of standing, as well as denied her interlocutory applications for a stay and interim non-publication.
The case numbered [2026] NZEmpC 195 arose from a determination by the Employment Relations Authority (ERA) on 23 January 2026. Before the Employment Court, the plaintiff challenged the ERA determination on 19 February 2026.
According to the plaintiff, she was pursuing orders challenging the bankruptcy decision before the High Court. She alleged that the Employment Court proceedings should continue while she took those steps and applied for a stay.
The plaintiff also applied for an interim non-publication order over her name and identifying details until the outcome of her proposed challenge. She claimed that she needed this order to protect her reputation.
Official assignee’s position
The official assignee advised that they did not consent to the plaintiff commencing and pursuing a claim before the Employment Court. The official assignee added that it would not object to the striking out of her claim.
The plaintiff opposed ending the Employment Court proceedings.
Defendant’s position
The defendant objected to the continuation of the challenge and the plaintiff’s two interlocutory applications for a stay and interim non-publication. The defendant asserted that the ERA determination...
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