Search Results

1. [2014] NZEmpC 28 Harvery Norman v Boult [pdf, 51 KB]

   ...taking any part in the proceeding. Although that position was reached in March 2013, the plaintiff took no further steps until prompted by the Court. On 8 July 2013, I issued a minute in which I said: [5] If the plaintiff wishes to seek judgment, affidavit evidence of any facts relied on and a memorandum of submissions must be filed by Friday 9 August 2013. The matter will then be decided on the papers. Any claim for costs will be addressed at the same time. [5] Mr Edwards then p...

2. [2017] NZEnvC 202 MacKenzie District Council [pdf, 2.1 MB]

   ...vegetation clearance in areas of indigenous vegetation or habitats of indigenous fauna that are not significant under section 6(c) of the Act. [3] The application for declaration and order ("the application") was accompanied by the affidavit of Karina Anne Morrow in support, dated 12 December 2017 and a Memorandum of Counsel , dated 11 December 2017. Mackenzie Area Subzone is the area identified on Planning Map 61 of the Operative Mackenzie District Plan. 3 Grounds...

3. Dennett v Te Tumu Paeroa - Rotohokahoka D North 2A (2017) 178 Waiariki MB 24 (178 WAR 24) [pdf, 283 KB]

   ...matter then be referred to the resident Judge. Accordingly, the application was referred to me for consideration.4 [6] Mr Dennett filed submissions on 17 August 2017 and Te Tumu Paeroa filed submissions in reply on 8 September 2017 together with an affidavit of Stuart Allan, Chief Financial Officer for Te Tumu Paeroa. Applicants’ submissions [7] Mr Dennett sought costs “for such amount as the Court thinks fit” on the basis that the costs were reasonably and properly incurre...

4. [2016] NZEmpC 91 Khurana v Singh [pdf, 100 KB]

   ...applications for security for costs are in each case supported by an affidavit by Samantha Lea Minny, affirmed on 4 April 2016. She states in her affidavit that she is a law office assistant but does not specify which law office that is. The affidavits annex documentation establishing matters which are in any event not disputed by the plaintiffs. [12] Mr Laurent, counsel for Mr Singh, submits in support of the application that the plaintiffs remained in effective control...

5. Waitangi Tribunal Wai 2540 2.5.4 Department of Corrections and Reoffending Prisoners Claim [pdf, 605 KB]

   ...Crown and interested parties to file a response to the application by 15 September 2015 (Wai 2540, #2.5.1). The Crown received an extension to file their response and as directed on 29 September 2015 they filed submissions in response along with the affidavits of Jean-Pierre De Raad, Wallace Haumaha, Peter Johnston, Vincent Arbuckle, Anthony Fisher, Benjamin Clark, Richard Schmidt and John Campbell. 8. On 29 September 2015 counsel for the applicant filed the affidavit of Desma Kemp Rati...

6. [2020] NZEmpC 89 Shalini Ltd v A Labour Inspector [pdf, 185 KB]

   ...against Shalini. Shalini then filed a non-de novo challenge against that determination, which is the subject of this judgment. [3] The investigation meeting before the Authority was held on the papers. The parties had provided the Authority with affidavits from the Labour Inspector, four of the seven affected employees and Venu Mohan Reddy Beerapu (Mr Reddy), Shalini’s sole director. In addition, the Authority was provided with an agreed statement of facts. This agreed state...

7. Canterbury Westland Standards Committee 2 v Woodward [2020] NZLCDT 9 [pdf, 116 KB]

   ...given a comparison to other cases dealt with by the Standards Committee in relation to some of the transgressions. Following the withdrawing of the seventh charge, he agreed promptly to accept the six charges of misconduct and provided a full affidavit to the Tribunal including medical information, correspondence from two of the main client’s concerned, and an affidavit from his wife about his mental state. [19] We note in his affidavit that he unreservedly accepts his errors in...

8. [2020] NZEmpC 31 Zara's Turkish Ltd v Kocaturk [pdf, 357 KB]

   ...and Kelly [2010] NZEmpC 52. he started working for the company and in what circumstances. It is common ground that the parties do not have the original agreement or a copy of it. [18] Zara’s Turkish supported its application with an affidavit from a director, Hanife Kokcu, explaining signing the employment agreement and sending a copy of it to Immigration New Zealand. That step was done, she said, as part of obtaining a variation to Mr Kocatürk’s work visa that was...

9. Environment Court COVID-19 Protection Framework [pdf, 165 KB]

   ...of documents 20. 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. 21. 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...

10. Land Valuation Tribunal COVID-19 Protection Framework [pdf, 166 KB]

    ...Filing of documents 20. All filing of 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. 21. The Tribunal 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 Zeal...