Search Results

1. [2025] NZEmpC 8  Berryman v Fonterra Cooperative Group Limited [pdf, 155 KB]

   ...concerns, which include fairness, the interests of justice and avoiding unnecessary delay in bringing proceedings to a conclusion, apply with equal force in this Court.2 [7] The evidence that the plaintiff wishes to adduce at this late stage are four affidavits. The first two affidavits are from the plaintiff and Thomas Callesen, dated 21 November 2024. These affidavits relate to when the defendant ceased conducting rapid antigen testing at its workplaces, following the plaintiff...

2. Walsall v Monmouth LCRO 100 / 2009 (8 October 2009) [pdf, 75 KB]

   ...relation to certain proceedings in the Family Court was unsatisfactory. At the centre of the complaint was the allegation that Mr Monmouth had failed to act diligently in obtaining certain evidence from Maritime New Zealand and that consequently an affidavit could not be filed prior to the scheduled hearing of the matter. This led to the hearing being adjourned, further costs being incurred, and a costs order against Ms Walsall being made by the Court. The proceedings concerned a vari...

3. [2019] NZEnvC 072 Wilson v Canterbury Regional Council [pdf, 2.5 MB]

   ...required to comply is to reinstate the former alignment with consents issued to undertake this work"3. [2] This decision deals with an application for stay of the abatement notice, filed with the appeal on 5 April 2019, and accompanied by the affidavit of David Robert Hendrikz, a Water Consent Consultant, giving evidence for the appellant. Chronology [3] This proceeding concerns the third abatement notice issued, so it is helpful at this point to set out a chronology of event...

4. [2020] NZEnvC 164 Trustees of the BA Freeman Family Trust v Waimakariri District Council.pdf [pdf, 581 KB]

   ...and (b) the upgrading of Parsonage Road, located on the outskirts of Woodend, so that it conformed with the minimum requirements set out in the District Plan. [6] A full copy of the subdivision application is not in evidence but attached to the affidavit of Mr M C Bacon is a copy of a conceptual plan for stormwater prepared by the Trustees' consultants, e2 Environmental ltd.4 I assume this report was part of the application's Assessment of Environmental Effects. The stormw...

5. [2013] NZEmpC 23 Detection Services Ltd v Pickering [pdf, 39 KB]

   ...Auckland) Counsel: Simon Dench, counsel for applicant Stephen Langton and Ronelle Tomkinson, counsel for respondent Judgment: 1 March 2013 ORAL INTERLOCUTORY JUDGMENT OF JUDGE CHRISTINA INGLIS [1] The respondent has filed an affidavit in these proceedings which contains sensitive information relating to banking and financial matters of the respondent, his family and associated entities. He applies for an order that specified paragraphs of his affidavit not be pub...

6. [2023] NZEmpC 110 Hamilton Hindin Greene Ltd v Smalley [pdf, 222 KB]

   ...[16]. 6 At [31]. Preparations for hearing [10] HHG’s challenge was the subject of a directions conference on 10 February 2023. As a result of that conference, and by agreement, a direction was made for evidence to be provided by affidavits with leave to cross-examine if required. The challenge was to be set down for one day. [11] HHG filed an affidavit from Ian Perry. Mr Smalley filed an affidavit and relied on one from an expert witness, James Gallagher, and a b...

7. [2010] NZEmpC 116 Miller v Fonterra Co-Operative Group Ltd [pdf, 28 KB]

   ...Fraud Office prosecutions of the plaintiff. The plaintiff in response served a form 7 objection. Counsel were agreed on a timetable in which the defendant would file and serve an application for further and better disclosure accompanied by an affidavit and the plaintiff would file and serve a notice of opposition and any affidavits in opposition. The application for further disclosure would be heard on 1 September. [3] The defendant sought orders declaring the plainti...

8. [2022] NZEnvC 072 Otago Regional Council v Armishaw [pdf, 229 KB]

   ...notice basis for interim enforcement orders against Blair Edward Armishaw (‘the respondent’) to address 3 the discharge of human sewage from the his property situated at 1010 Weston- Ngapara Road, Elderslie. The application is supported by affidavits of:1 (a) Andrew Curtis Gibson; (b) Megan Jayne Rowlands; (c) Nigel John Wilson; and (d) Jason Matthew Augspurger. [2] The application is filed under ss 320(1), 314(1)(a)(i) and 314(1)(a)(ii) of the Resource Management Act...

9. [2021] NZEnvC 018 Hadley v Waterfall Park Developments Limited [pdf, 1.5 MB]

   ...4 Deposited Plan 540788. Notice of opposition for \WD dated 9 July 2020 at [2](a). The QTT is a charitable trust set up by the Council to develop, establish and maintain the interconnected network of trails in the Queenstown Lakes area. CS Meehan affidavit sworn 10 July 2020, Exhibit E. C S Meehan affidavit sworn 10 July 2020 at [10]. Ayrburn Farm includes the Site as well as Lots 2 and 3 DP540788. R Hadley affidavit sworn 26 May 2020 at [14], [15] and [18]. The Annexure is a reproducti...

10. LCRO 243/2016 KE v HO (21 June 2019) [pdf, 272 KB]

    ...discussion with Mrs KE over the accuracy of his trust account records. [8] During the discovery phase of the litigation Mr Zang sought materials from Ms YS/Ms CB that included Mr HO’s records. In responding to those applications Mrs KE drafted two affidavits which set out Ms YS’s evidence in respect of what she had done to comply with her obligations on discovery. The report was attached to 4 Ms YS’s second affidavit as an exhibit, and Ms YS explained its relevance at...