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  1. Statement of Defence [docx, 37 KB]

    ...particulars of time, place, names of persons, and any other details necessary to inform the Court and the other parties of your defence. If you do not deny a particular allegation, it will be treated as being admitted. The statement of defence must be filed in the District Court in which the plaintiff filed their statement of claim. The statement of defence must be accompanied by a list of Documents Relied On (Form 6). How to use the template All the required fields are set out in the templa...

  2. Seize the debtor's property

    On this page: How to apply for a warrant to seize property Asking the bailiff to seize specific property After you file the application If the bailiff seizes property If the bailiff cannot find the debtor If the bailiff cannot find the debtor’s property A warrant to seize property enables a bailiff to take property that belongs to the debtor and sell it to pay the debt. You give us an address and we send a bailiff to seize the debtor’s property at that address. It is important you provide...

  3. [2009] NZEmpC WC12/09 Stevenson V Bentan Twisted Ltd [pdf, 10 KB]

    STEVENSON V BENTAN TWISTED LTD WN WC 12/09 7 May 2009 IN THE EMPLOYMENT COURT WELLINGTON WC 12/09 WRC 10/09 IN THE MATTER OF an application for leave to file challenge out of time BETWEEN SHAUN STEVENSON Applicant AND BENTAN TWISTED LIMITED Respondent Hearing: (Heard on the papers) 5 May 2009 Judgment: 7 May 2009 JUDGMENT OF JUDGE C M SHAW [1] This is an unopposed application for leave to file a statement of claim out of time. [2] The a...

  4. [2011] NZEmpC 58 Goodfellow v Building Connexion Ltd [pdf, 66 KB]

    ...reserved. The parties are urged to agree costs if possible. If they are unable to do so, Mr Zindel is to file and serve a memorandum within 21 days after today. Mr Wilson is then to have a further 14 days in which to respond. [3] Counsel duly filed memoranda. On behalf of the plaintiff, Mr Zindel filed two memoranda dated 22 July 2010 and 26 July 2010. Mr Wilson then filed a memorandum in response dated 5 August 2010. I gave my costs decision on 22 November 2010. [4] In...

  5. [2009] NZEmpC AC 48/09 Discount Crane Hire Ltd v Taljaard [pdf, 23 KB]

    ...DCHL had deliberately tried to evade its obligations to pay its employees holiday pay and to supply information to Mr Taljaard as required to do so by statute. It therefore ordered DCHL to pay a penalty of $5,000. [6] On 7 September 2009, DCHL filed a statement of claim in this Court seeking to challenge the determination by hearing de novo. On 8 September 2009, I issued a minute recording that the statement of claim did not comply with reg 11 of the Employment Court Regulations...

  6. Jhanji v Kumar [2015] NZIACDT 71 (03 June 2015) [pdf, 118 KB]

    ...$4,400 from his client, by pretending he had only paid $100, and not the $4,500 in fact paid; he also falsified an acknowledgement the fee was in fact $100. [1.3] Mr Kumar dishonestly attempted to mislead the Registrar by providing only part of his file when she made inquiries regarding this complaint. [1.4] Mr Kumar then repaid the $4,400 and lied to the Registrar about doing so. [2] Aside from the dishonesty, the complaint includes that Mr Kumar was unprofessional, failed to provide...

  7. Fehling v New Zealand Post (Lifting of Stay) [2013] NZHRRT 43 [pdf, 47 KB]

    ...Greymouth. Dr Butler submits that the matter should be heard in Wellington. [15] We are of the view that it is premature to determine the point. We leave it to the Chairperson to determine the appropriate venue once all the evidence has been filed in compliance with the timetable which follows below. The common bundle of documents [16] Ordinarily, as plaintiff, Mr Fehling would be required to file the common bundle of documents. However, as a litigant in person preparation of suc...

  8. 2021-05-03 - Minute - PC7 - Territorial Authorities Community Water Supplies.pdf [pdf, 213 KB]

    ..._______________________________________________________________ MINUTE OF THE ENVIRONMENT COURT PLAN CHANGE 7 Territorial Authorities: Community Water Supplies (3 May 2021) _______________________________________________________________ Introduction [1] The Territorial Authorities have filed a memorandum seeking leave to file supplementary evidence.1 The Regional Council opposes, in part, the directions sought.2 [2] This Minute addresses the application for leave, sets out m...

  9. Bayne v Ngati Rehua Ngati Wai Ki Aotea Trust Board - Ngati Rehua Ngati Wai Ki Aotea Trust Board (2017) 157 Taitokerau MB 27 (157 TTK 27) [pdf, 184 KB]

    ...whether costs should be awarded and, if so, in what amount. An extraordinary delay [2] Sadly, there has been a prolonged delay in delivering a decision on costs. The parties deserve an explanation. [3] In my earlier decision, I directed the filing of submissions on costs within eight weeks. Mr Webster, counsel for the Trust Board, filed submissions on 3 December 2015 seeking an award of costs. No other parties filed submissions. Inexplicably, Mr Webster’s submission was no...

  10. [2020] NZEnvC 010 Property Seven Limited v Western Bay of Plenty District Council [pdf, 261 KB]

    ...associated access reading and a local purpose reserve and with the balance of the property being converted to conservation areas including lakes and wetlands. [2] The Council's decision was issued on 31 October 2019 and the notice of appeal was filed on 19 November 2019. The time for giving notice to be a party to the appeal accordingly expired under s 279(2)(a) RMA on 12 December 2019. [3] Notices under s27 4 RMA were filed in time by the Bay of Plenty Regional Council and t...