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1. How to respond to a Property Application

   ...Respondent’ carefully as it will outline what documents you need to file and, when you need to file them by. The documents referred to in the ‘Notice to Respondent’ are: Notice of Defence –  Notice of defence - G12 [PDF, 58 KB] Affidavit – General affidavit form [PDF, 38 KB] Affidavit of Assets and Liabilities – PR1 Affidavit of assets and liabilities [PDF, 141 KB] (NOTE: When you print the forms it’s important to print them single sided.) If you don’t want to be...

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   2. Relationship property

2. [2022] NZEnvC 233 Wellington Regional Council v Crosbie [pdf, 489 KB]

   ...First and Second Respondents should they fail to do so themselves and for all expenses incurred in doing so to be reimbursed by and/ or recovered against the First and Second Respondents. 4 [SJ The Council's application was supported by affidavits of: • James Calvin Luty, Senior Environmental Protection Officer for the Council (dated 6 August 2020 and 15 March 2021); • Claire Elaine Conwell, Associate Environmental Consultant (Water Resources) at Jacobs New Zealand Ltd...

3. [2020] NZEnvC 101 Southland District Council v Chartres & Otherspdf [pdf, 744 KB]

   ...commencing, any further indigenous vegetation clearance on the Station, where that clearance is not a permitted activity or authorised by resource consent. [4] The application is supported by a memorandum of counsel dated 29 June 2020 and the following affidavits: • of GA Davis (ecologist) dated 5 June 2020; • of M J Roy (planner) dated 22 June 2020. [5] The Council alleges that, despite endeavouring to work with Mr Chartres over the years, continued non-compliance and unlawful cl...

4. FV Affidavit of Service [pdf, 189 KB]

   PAGE 1 Affidavit of Service Affidavit of ServiceV1 June 2019 In the Family Court at (Court location) FAM Advice If you need help to complete this form, consult a lawyer, check the Ministry of Justice website, call the Ministry of Justice call centre, or contact an office of the Family Court. Ministry of Justice website: http://www.justice.govt.nz Ministry of Justice call centre: 0800 268 787 Note: The applicant’s address may be omitted from the front page where the applicant has a...

5. Hapeta - Whakapoungakau 7b2, 7C, 7F, 7G (2002) 269 Rotorua MB 161 (269 ROT 161) [pdf, 105 KB]

   ...Adjournments have been granted in the past at Mr Hapeta's behest. The matter is fixtured for tomorrow, 29 November 2002. The ground for the application for adjournment by Mr Hapeta is that on the 26th inst late in the afternoon, a sUbstantial affidavit by Mr Kingi was filed in this Court and was served on Mr Hapeta at 9.00 pm that evening. He therefore only had two clear days to digest that affidavit and to put himself in a position to respond to it. From the Court's point...

6. Cook v Manawatu Community Law Centre (Withdrawal of Solicitor) [2019] NZHRRT 28 [pdf, 137 KB]

   ...defendant in this proceeding, Ms Tracey Abraham. [2] By application dated 6 May 2019, Ms Smith has applied to the Tribunal for an order declaring that she has ceased to be the solicitor on record for Ms Abraham. That application is supported by an affidavit sworn by Ms Smith on 6 May 2019. It is not necessary for the contents of that affidavit to be recited here. It is sufficient to note only the following: 1 [This decision is to be...

7. [2018] NZEnvC 218 Aratiatia Livestock Limited v Southland Regional Council [pdf, 9 MB]

   ...explains that its interest in the proceedings centres on the following pSWLP provisions: 19 (a) Objective 10, including the matters that must be recognised and provided for; Memorandum of counsel for Southland Council, dated 17 July 2018 at [19]. Affidavit of Paul David Marshall, dated 12 September 2018 at [1]. Submissions for Waiau Rivercare Group, dated 31 August 2018 at [6]. Affidavit of Paul David Marshall, sworn 31 August 2018, Annexure A. Submissions forWaiau Rivercare Gro...

8. [2008] NZEmpC AC 19/08 Barry v Anoop Investments Ltd [pdf, 37 KB]

   ...for defendant Judgment: 3 June 2008 INTERLOCUTORY JUDGMENT OF JUDGE B S TRAVIS [1] The defendant has sought leave to file a statement of defence out of time. [2] As a preliminary issue, objection was taken by the plaintiff to an affidavit filed on behalf of the defendant on 20 May 2008. There were two main grounds for the objection. The first was that the affidavit was not served on the address for service. It was served by facsimile transmission. The plaintiff’s...

9. [2020] NZEnvC 012 NZ Fairy Tern Charitable Trust v Auckland Council [pdf, 282 KB]

   ...(b), (c) and (d) will not be necessary 5 Directions [16] Having concluded the scope of the scope of the hearing, I now move to Directions. All parties agree that the matter should be set down for Hearing. All evidence should be by way of affidavits. (a) Council has indicated that it has 3 persons to file affidavits: (i) Planner; (ii) Someone to discuss the drainage and water catchment issues of the area; (iii) Someone to discuss healthy waters or the waterways themselves...

10. [2013] NZEmpC 30 Looker v AG Walter & Sons Ltd [pdf, 119 KB]

    ...favoured the respondent’s position. [4] Following a directions conference held on 31 August 2012, I issued a minute observing that the application for the extension of time was opposed and that the applicant would need to file and serve further affidavits as to the merits of the challenge. I stated that the Court would not normally grant an extension of time to file a challenge out of time unless there are prospects of the challenge succeeding. The parties agreed to a timetable...