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1. [2021] NZEnvC 100 Southland District Council v Peter Donald Chartres [pdf, 205 KB]

   ...[2] Feroze Brailsford, a researcher for the Environmental Law Initiative, has filed an application requesting access to: 2 “…those documents put before the Court by the applicants to support the enforcement order made. We do not seek affidavits filed by the respondent.” District Court (Access to Court Documents) Rules 2017 [3] Rule 8(1) of the District Court (Access to Court Documents) Rules 2017 stipulates that every person has the right to access the formal court recor...

2. [2021] NZEmpC 165 Bowen v Bank of New Zealand [pdf, 190 KB]

   ...of its privileged communications.3 The parties’ arguments [3] BNZ seeks costs on a Category 2B basis, being the categorisation identified by the Court.4 [4] BNZ says: (a) It was required to make its application after Ms Bowen filed an affidavit including privileged communication. (b) It attempted to reach an agreement with Ms Bowen’s counsel before making the application on the basis that it had not waived privilege but was unable to do so. (c) Ms Bowen filed an amen...

3. National Standards Committee 1 v Young [2020] NZLCDT 20 (10 July 2020) [pdf, 289 KB]

   ...Young swore: “[Mr] Z has never complained to me he did not understand English” and “I often heard him speaking English fluently …”.2 Under cross- examination, Mr Young was referred to p 938 of the Bundle which is the front page of an affidavit of Mr Z in English drafted by Mr Young. Mr Young said: “He [Mr Z] has command of English [sic].” Ms Paterson referred him to the following page where, in the affidavit Mr Young had drafted, Mr Z said: “2. I have no command of E...

4. Trustees of Maungatautari 4G Sec IV v Maungatautai Ecological Island Trust - Maungatautari No 4G Sec IV (2014) 90 Waikato Maniapoto MB 291 (90 WMN 291) [pdf, 183 KB]

   ...progress had been made towards a resolution of the issues. I adjourned the proceedings for one further telephone conference. 7 [7] On 14 November 2014 Mr Graham Cullen on behalf of the trustees and Mr Rick Muru a trustee, filed a memorandum and affidavit respectively. Many of the matters raised in that material were new issues which had not been the subject of any separate application or hearing to date. Mr Muru also deposed that there would be no further meeting with the Maunga...

5. IJ v SO LCRO 76 / 2011 (15 February 2012) [pdf, 95 KB]

   ...Trust had consented to being appointed as property manager. At the time of the application the Applicant held the powers of attorney, both as to property and welfare. [5] The application was made by Ms M, a community support worker. In her affidavit Ms M set out her knowledge of the wishes of Mrs G, and she expressed concerns about the Applicant’s role in relation to his mother having revoked powers of attorney for personal care and welfare that had been held by her daughter...

6. Donaldson v Hemi - Whaanga 1D1D Roadway (2021) 230 Waikato Maniapoto MB 168 (230 WMN 168) [pdf, 3.9 MB]

   .............................................................................. [41] Ngā taunakitanga urupare a te Donaldsons – The Donaldsons’ evidence in reply ...................... [43] Ngā taunakitanga whakahou a Elliot Donaldson – Updated evidence - Elliott Donaldson’s affidavit of 5 November 2021 ..................................................................................................... [44] Ngā taunakitanga whakahou a Hohua Hemi – Updated evidence – Hohua H...

7. [2008] NZEmpC AC 15A/08 Potter v Australian Consolidated Press NZ Ltd [pdf, 29 KB]

   ...Employment Relations Authority AND IN THE MATTER OF an application for leave to file challenge out of time BETWEEN RICHARD RUSSELL POTTER Plaintiff AND AUSTRALIAN CONSOLIDATED PRESS NZ LTD Defendant Hearing: 15 May 2008 Subsequent affidavit filed on 29 May 2008 by the plaintiff and affidavit in reply filed on 12 June 2008 by the defendant (Heard at Auckland) Appearances: Mr M Price, advocate for plaintiff and Mr R Potter, plaintiff in person Mr D Alderslade, cou...

8. [2022] NZEnvC 091 Otago Regional Council [pdf, 528 KB]

   ...court convened a telephone conference to discuss the landfills (Chapter 7) topic (as well as matters relating to PC8). The court indicated that it would issue a decision on the papers, in the event no issues arose from the evidence filed. [8] An affidavit of Dolina Lily Lee, a senior analyst freshwater at Otago Regional Council, in support of the provisions agreed at mediation to Chapter 7 3 Otago Fish and Game Council and the Central South Island Fish and Game Council; Matthew...

9. [2022] NZEnvC 91 Otago Regional Council - Chapter 7 (Landfills) [pdf, 600 KB]

   ...court convened a telephone conference to discuss the landfills (Chapter 7) topic (as well as matters relating to PC8). The court indicated that it would issue a decision on the papers, in the event no issues arose from the evidence filed. [8] An affidavit of Dolina Lily Lee, a senior analyst freshwater at Otago Regional Council, in support of the provisions agreed at mediation to Chapter 7 3 Otago Fish and Game Council and the Central South Island Fish and Game Council; Matthew...

10. [2021] NZREADT 41 - London v Cartwright (3 August 2021) [pdf, 294 KB]

    ...agreed with that suggestion and noted that Mr Cartwright also sought to include matters relating to his application for an order restricting publication. [5] In a Minute issued on 29 June 2021 the Tribunal gave Mr Cartwright leave to file an affidavit and made timetable directions as to the filing of the affidavit and submissions. Background [6] Mr Cartwright is a licensed salesperson and at all relevant times was engaged by Leaders Real Estate Limited Johnsonville, trading...