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1. [2022] NZEnvC 206 Cossens v Queenstown Lakes District Council [pdf, 211 KB]

   ...[14] If an application for declarations is considered to not be within scope, the court has historically struck it out. The evidence [15] Extensive documentation is provided on the matters pertaining to the applications. In addition, the affidavit evidence is briefly summarised as follows. Dr Cossens [16] In his affidavit, Dr Cossens offers opinions on the various ways in which he alleges that QLDC has failed to comply with the court’s Topic 2 decisions and RMA and LGA req...

2. [2024] NZEnvC 191 Bridge v Central Hawke's Bay District Council [pdf, 242 KB]

   ...of time to file its notice on 11 June 2024. The application for waiver and supporting material [10] The Trust’s application for waiver was accompanied by: (a) the intended s 274 notice; (b) a memorandum regarding the waiver; and (c) an affidavit of Garreth Charles Harris. The application for waiver [11] The application for waiver is sought on the following grounds:4 The Trust has an interest in the proceedings which is greater than the interest that the general public has,...

3. Application for leave to enforce a judgment over six years [pdf, 140 KB]

   ...[full name & occupation] [place of residence] applies for an order to allow enforcement of a civil judgment which was obtained over six years ago. 2. The grounds on which each order is sought are set in the affidavit attached. 3. The application is made in reliance on section 140 of the District Court Act 2016, Enforcement of Judgment more than 6 years old. Date : Signature : Telephone number : E-mail addre...

4. Get a document witnessed, certified or authenticated

   You might need to give the court a witnessed, authenticated or Apostille certified document or a certified copy of a document. Get a document witnessed Some court documents, such as affidavits and affirmations, need to be witnessed by an authorised person to confirm the document is true and accurate. You might be told who needs to witness the document. If the document is an affidavit or affirmation, you will probably need to ask a: Justice of the Peace Solicitor of the High Court Notary Public...

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5. Te Au Reka Phase 2 Court Rules Consultation Paper [pdf, 235 KB]

   ...through the e-solution, where appropriate. This functionality will impact different areas of the rules as follows: • Filing information with the court: Te Au Reka will enable information required under the rules, including information in forms, affidavits or any other format, to be filed through the e-solution. Information will be able to be provided to the court through Te Au Reka either by uploading a of Te Au Reka in the limited situations set out in this section, as well as...

6. [2012] NZEmpC 147 Alim v LSG Sky Chefs Ltd [pdf, 69 KB]

   ...have substantive effects on the rights and obligations of the parties (at para 50). For these reasons I considered this particular challenge was barred by s 179(5). [18] Mr Drake sought the opportunity to take further instructions and to file affidavits in support of the application for urgency. I declined those applications because of the shortness of time and the prejudice this would cause to the defendant. As Ms Douglas submitted, it would be unfair to the defendant to have...

7. [2012] NZEmpC 16 Moxey v Westminster Pacific (NZ) Ltd [pdf, 64 KB]

   ...for costs relating to this application. The plaintiff had initially sought an order for sequestration of the defendant’s property, but that was not pursued at the hearing. [3] The background to this proceeding is conveniently set out in an affidavit of Mr Moxey, filed in support of the application. The plaintiff commenced employment with WPNZ on 1 April 2008. Issues subsequently arose and he filed a grievance with the Authority claiming unjustified constructive dismissal....

8. Director of Human Rights Proceedings v Sensible Sentencing Group Trust (Application by NZ Herald for Access to Tribunal File) [2013] NZHRRT 20 [pdf, 44 KB]

   ...place. As against this, however, the hearing of the interim order application took place in open court. The public gallery was full, if not overflowing with representatives from the media. In these circumstances it would seem artificial to treat the affidavits, witness statements and submissions referred to at the hearing as not being governed by the post-hearing access regime. Accordingly copying is to be permitted in relation to the statement of claim, the statement of reply, applica...

9. Auckland Standards Committee v Cox [2015] NZLCDT 32 [pdf, 25 KB]

   ...Simpson had been diagnosed with Alzheimer’s disease and deemed not to have legal capacity. It became necessary to apply to the Family Court for the appointment of a property manager and welfare guardian. 3 [6] The practitioner swore an affidavit in the proceedings before the Family Court in which he deposed that if the sale of the management rights of Portside Hotel Limited proceeded, then the full proceeds of sale would be paid to the ASB in reduction of its mortgage over...

10. [2021] NZEmpC 68 A Labour Inspector v Samra Holdings Ltd T/A Te Puna Liquor Centre [pdf, 190 KB]

    ...significant consequences in relation to an individual’s or company’s ability to operate a business. [8] These are serious claims which the defendants deny. The fifth defendant [9] Mr Sharma, counsel for the defendants, has provided affidavit evidence from the fifth defendant containing a medical certificate from her doctor advising that it would be detrimental to her current health status to be present at the hearing next week. There is no need for me to go into th...