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1. Glossary of terms

   ...another date and/or location. Admissible Evidence is admissible if it is of such a character that the court is bound to accept it during the trial so that it may be evaluated by the judge or jury. Affirm A solemn and formal declaration of the truth of a statement, such as an Affidavit. Affirmation A solemn and formal declaration of the truth of a statement. The same as an oath, but without the religious implications.   Bail If you are charged with an offence, you may apply for bail. Bail i...

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2. [2024] NZEmpC 60 Lanigan v Fonterra Brands (New Zealand) Ltd [pdf, 158 KB]

   ...The application is granted. [7] The application proposed a timetable for amended pleadings if it succeeded. The timetable was consented to by the plaintiffs and defendant. Applying that timetable I order as follows: (a) A further amended statement of claim, incorporating the claims of all of the plaintiffs against the defendant, is to be filed and served within 21 days of the date of this judgment. (b) An amended statement of defence (if any) is to be filed and served within...

3. Common Bundle Volume 1 [pdf, 3.9 MB]

   ...replacement, reconstruction, demolition or removal of a defence against water other than on the bed of any lake or river .............................................................................................. 14-4 14.4 Structures other than defences against water on the margins of lakes and rivers......................................................................................................... 14-5 15. Methods other than Rules ..................................................

4. LCRO 140/2021 TQ v RI (8 August 2022) [pdf, 185 KB]

   ...instances where he believes the advice provided by Mr RI was negligent and/or that Mr RI was incompetent. [10] For the purposes of this decision, there is no need to record Mr TQ’s complaints in any detail but I include here a portion of Mr TQ’s statement of defence to the summary judgment proceedings4 which provides the essence of Mr TQ’s allegations:5 RI, [Law Firm A] has not included all the previous invoices relating to this matter. The previous work, which was carried o...

5. Jacobsen v Zhou [2015] NZHRRT 38 [pdf, 71 KB]

   ...or to a relative or associate of a person; and (b) it either— (i) currently exists or has in the past existed; or (ii) is suspected or assumed or believed to exist or to have existed by the person alleged to have discriminated. [24] The defence to this allegation is: [24.1] The decision not to offer services to Mr Jacobsen was a clinical judgment by Mr Zhou that he did not have the skills and experience to take on Mr Jacobsen’s case. [24.2] In terms of s 21B(1) of the Hum...

6. Michael Cummings - Statement of Evidence (24 June 2021) [pdf, 5 MB]

   ...significance directed by the Minister for the Environment to be referred to the Environment Court under section 142(2)(b) of the RMA AND IN THE MATTER of an application under section 149T of the RMA OTAGO REGIONAL COUNCIL Applicant STATEMENT OF EVIDENCE OF MICHAEL ANTHONY CUMMINGS ON BEHALF OF THE OTAGO REGIONAL COUNCIL 24 June 2021 Applicant's Solicitor PO Box 4341 CHRISTCHURCH 8140 DX WX11179 Tel +64 3 379 7622 Fax +64 379 2467 S...

7. Trustees Executors Ltd as trustee for the Simpson Family Trust v Wellington City Council [pdf, 124 KB]

   ...timelines for providing details of the claim and briefs of evidence by the claimant were not kept leading to problems with responses. Details of the claim were still being introduced during the hearing. There were consequential delays in the supply of defence briefs and reply briefs. [128] Prior to the hearing the first respondent gave notice that there were issues relating to limitation, res judicata and estoppel. The first respondent also said that it would argue four issues -...

8. Hunia v Hunia - Whiritoa Rangitaiki 603B4B2 Block (2020) 247 Waiariki MB 27 (247 WAR 27) [pdf, 206 KB]

   ...Merewakana Kingi and Rangi Whanaki Apiata were also appointed responsible trustees. As Mrs Hunia is now deceased, there is an order per s 239 reducing the number of trustees. 1 Affidavit of Respondent Keld Hunia in Support of Notice of Defence – FAM-2019-055-135 dated 5 June 2020. 2 76 Whakatane MB 56 (76 WHK 56) 3 214 Waiariki MB 243-245 (214 WAR 243-245) 4 37 Whakatāne 83-84 (37 WHK 83-84) 5 76 Whakatāne MB 56 (76 WHK 56) 247 Waiariki MB 29 247 Waiariki MB 132...

9. Proactive-release-Re-written-Evidence-Regulations-6-July.pdf [pdf, 1023 KB]

   ...screen obscuring the defendant, or via video conferencing from outside the courtroom. The entitlement applies in respect of the witness’s evidence- in-chief (in response to the prosecution’s questions), and cross-examination (in response to the defence’s questions). The greater availability of pre-recorded cross- examination has been subject to strong objection from the defence bar, given the significant shift it represents to standard trial procedure. The Bill's slower passage h...

10. Beattie v Official Assignee (Costs) [2021] NZHRRT 40 [pdf, 174 KB]

    ...expressed, the Tribunal must preserve meaningful access to justice. [13] We address next the exercise of the discretion under the broad headings used by the Assignee in his submissions. DISCUSSION The reverse onus and the need for a comprehensive defence of the claim [14] While an agency is permitted by PA 1993 (and now by the Privacy Act 2020) to refuse to disclose personal information on statutorily enumerated grounds, independent oversight of that decision is the responsibility o...