Search Results

1. Environment Court COVID19 Protocol All traffic lights [pdf, 173 KB]

   ...of documents 12. All filing of Court documents should be by email, or by File and Pay, if possible at https://www.courtsofnz.govt.nz/file-and-pay/. However, documents can also be filed by post. 13. The Court will not generally accept unsworn affidavits, but may, in appropriate circumstances, direct that an affidavit that does not comply be accepted for filing and be read and used in a proceeding. Practitioners may find it helpful to refer to guidance issued by the New Zealand La...

2. [2021] NZEnvC 150 Waterfall Park Developments Limited v Queenstown Lakes District Council [pdf, 164 KB]

   ...for these purposes are: (a) the Hadleys’ s274 notice, application for waiver and memorandum in support, dated 27 July 2021; (b) a notice of opposition on behalf of Waterfall Park Developments Ltd (‘WPDL’) dated 3 August 2021; and (c) an affidavit of J W P Hadley sworn 11 August 2021. [2] QLDC1 and the remaining s274 parties abide the court’s decision on the waiver.2 QLDC was represented at the JTC but the s274 parties were granted leave to be excused.3 [3] The Hadleys...

3. Keston v Redwood Corporation Ltd (Extension of Time to Commence Proceedings) [2022] NZHRRT 50 [pdf, 141 KB]

   ...this application. [5] In a Minute dated 6 September 2022 Mr Keston was directed to file an application under s 98(8) of the Act by 30 September 2022, to extend the time for commencing proceedings. Mr Keston was directed to include submissions and affidavit evidence in support that set out the exceptional circumstances that prevented his claim being commenced within the six-month limitation period. [6] On 11 September 2022 Mr Keston emailed the Tribunal setting out the reasons he con...

4. GG Ltd v IN Ltd [2022] NZDT 3 (19 January 2022) [pdf, 238 KB]

   ...account that it was not disputed that initially there was an attempt by IN to purchase GG’s trucks which suggests that the trucks with the signage were considered to be a potential long-term benefit to IN. 13. Further, I take into account the affidavits of EO which supports Mr I’s submissions. 14. For these reasons, I find that it is more likely than not that it was agreed between GG and IN that IN would pay for the signage and in return, GG would work with IN long term. 15....

5. [2023] NZEmpC 108 MGK Homes Ltd v Yoon [pdf, 221 KB]

   ...to the two employees as that issue is disputed. Therefore, it is also not possible to determine whether any sums have remained unpaid to any employee due to cash-flow difficulties on the part of MGK. On the other hand, I accept, based on the affidavits of both parties, that MGK has had cash-flow difficulties. [16] However, even though MGK has had cash-flow difficulties, it submits that any sums ordered against it can be met from equity in its two properties. Therefore, it is n...

6. [2024] NZEnvC 229 Dancy v Auckland Council [pdf, 3.3 MB]

   ...revised proposal provides the gum trees within the area marked “UA” will be removed and this area will be planted with indigenous vegetation in accordance with the specifications set out in Appendix 16 of the AUP and protected by covenant. Affidavit of Daniel Rodie [7] On 28 August 2024, the Court issued a Minute stating that given the Council’s change from a refusal of consent to consenting the subdivision, that an affidavit 4 should be filed which sets out, with...

7. [2024] NZEnvC 021 BRO Tonganui Limited v Auckland Council [pdf, 227 KB]

   ...support of the application by 17 May 2024; (d) the Appellant is to provide all its evidence in response by 31 May 2024; (e) the Council is to file with the Court the evidence, any common bundle of documents, and any other documents relevant (i.e., affidavits) by 5.00pm on 3 June 2024 in the following formats: (i) four single-sided hard copies of the evidence bundle (labelled as EB), and four hard copies of the common bundle (labelled as CB), tabulated, paginated, indexed and co...

8. TS v LN & DN [2024] NZDT 653 (21 August 2024) [pdf, 245 KB]

   ...did not flow to the street as it should. He claimed prior to the renovations, he did not have any issues with water retention or pooling in his backyard. This stopped when the new stormwater pipes were installed in early 2024. 14. TS filed an affidavit where he also claims that [redacted] City Council (“CC”) investigated his complaint and found significant issues with the stormwater system which necessitated a $20,000 remediation by LN and DN. In his Affidavit, he also raised othe...

9. [2011] NZEmpC 175 Maynard v Bay of Plenty DHB [pdf, 105 KB]

   ...Regulations 2000 for the two challenges to be joined. It also acted on the agreement of Mr Austin, the plaintiff’s advocate and Ms Bingham, counsel for the defendant, that the challenges should be determined on the papers filed. These included an affidavit from the plaintiff, several affidavits from the defendant, an agreed bundle of documents and an exchange of written submissions. Factual background [3] Ms Maynard was employed by the DHB and its predecessors for 34 years. Fro...

10. [2013] NZEmpC 210 MAS Zengrange (NZ) Ltd v HDT Ltd [pdf, 138 KB]

    ...by way of producing for the Authority any books, papers, records or things in Mr Ballantine’s possession or under Mr Ballantine’s control in any way relating to the matter between the parties. Alternatively, Mr Ballantine may file a sworn affidavit attaching the relevant documents. I am satisfied of the relevance of these documents, on the basis of Mr Churchman’s submissions to that effect. [2] Those documents are copies of all correspondence since February 2012 (however sen...