Search Results

1. [2006] NZEmpC AC 62/06 Clark v NCR (NZ) Corp [pdf, 75 KB]

   ...is frivolous and an abuse of process. NCR does not rely on any evidence in support of its application. [8] A notice of opposition to the application has been filed by Mr Clark. The day prior to the hearing, counsel for the plaintiff filed an affidavit in support of the notice of opposition. Counsel for the defendant opposes the reading of this affidavit as it was filed out of time in breach of His Honour Chief Judge Colgan’s directions. I heard argument on this issue in advanc...

2. [2015] NZEmpC 194 Tuala v Linfox Logistics (N.Z.) Ltd [pdf, 122 KB]

   ...Mr Tuala to give security for costs within a specified time period, failing which the challenge is to be struck out. The respective applications are strongly opposed. [3] It was agreed that the applications could be dealt with on the papers. Affidavits and supporting documentation, along with helpful submissions, have been produced by counsel. Judge Perkins, who has been handling the matter up to now, issued minutes to the parties dated 17 March 2015 and 18 June 2015 dealing with...

3. Unnikrishnan v Goldsmith [2016] NZIACDT 29 (2 June 2016) [pdf, 177 KB]

   ...5 [13] The Tribunal exercised its inquisitorial powers under section 49(4), which provides the power to request further information and to request a person to appear before the Tribunal. The Tribunal requested Ms Goldsmith to file and serve an affidavit which: [13.1] attached a complete copy of her file as an exhibit; paginated and in chronological order; [13.2] contained a full narrative of her professional engagement; in chronological order, to the extent it is relevant to the sta...

4. Wellington Standards Committee 2 v Harper [2020] NZLCDT 29 (11 September 2020) [pdf, 193 KB]

   ...signatures, by signing on return. This is not entirely surprising, even though wrong.” [32] Clearly, Ms Harper cannot excuse her conduct on the basis that she has known others to do the same. Indeed, she does not purport to do so. In her May affidavit she states: 7 Authority & Instruction form. 9 “I now fully accept that my conduct will also meet the threshold of misconduct in that my actions constituted a...

5. [2023] NZEnvC 073 Napier City Council v McMillan [pdf, 396 KB]

   ...investigation and stability analysis of the property described as: i. Town Section 36 Napier, Town Section 37 Napier, Town Section 39 Napier and Part Town Section 35 Napier; and 4 [2020] NZEnvC 220 at [20]. 5 Joint Witness Statement at [2]; Affidavit of Mark Douglas Huntley affirmed 18 July 2021 at 4.1; Affidavit of Jamey Kahn Stephens affirmed 8 July 2021 at 5 – 6.1; Memorandum of counsel in support of application for enforcement orders dated 28 June 2021 at 1.3; Applicatio...

6. [2023] NZEnvC 065 Johnston v Dunedin City Council [pdf, 120 KB]

   ...Akapatiki A Block) from Peninsula Coast Rural Zone to Rural Residential 1 Zone. [3] I have read and considered the consent memorandum of the parties dated 28 March 2023 which proposes to resolve the appeal. [4] I have also read and considered the affidavit by K James dated 12 April 2023, who has satisfied me that the amendments proposed will achieve the objectives of the 2GP, and that granting the relief sought will not impact on the resolution of any other proceeding.1 [5] The...

7. [2025] NZEmpC 27 Tradezone Industrial Group Ltd v Stanton [pdf, 139 KB]

   ...judgment will continue until 9.30 am on 27 February 2025. [4] For the purposes of the review hearing, I make the following directions: (a) Any application by the applicant to extend the freezing order and/or to vary its terms, including any affidavit evidence, is to be filed and served by 5 pm on Monday 24 February 2025. (b) Any notice of opposition is to be filed and served by 5 pm on Tuesday 25 February 2025. (c) Any application by the respondent for an order prohibitin...

8. [2021] NZACC 135–NT v ACC (10 August 2021) [pdf, 285 KB]

   ...rather than assessment capacity, and the considerations on which their reports were based did not equate to a sexual assault having taken place. [44] On 30 June 2018, Ms G, who was employed by the same company at the same time as NT, provided an affidavit noting: I can say with 100% assurance that at no time was [NT] left alone or sexually assaulted while in our care and there was a female staff member by her side from the time she wanted to go to the bathroom, until she was in th...

9. Qualitative study on behalf of the Independent Panel examining the 2014 family justice system reforms [pdf, 943 KB]

   ................................................................................................................ 45 Experience of court process changes ................................................................................................................... 48 6.1 Forms and affidavits ....................................................................................................................... 48 6.2 Court processes ............................................................

10. [2013] NZEmpC 18 Pathways Health Ltd v Moxon [pdf, 112 KB]

    ...at stake. [14] It seems to me that the only practical way of deciding a challenge to a costs determination is for the Court to be primarily informed through the submissions of the parties, with the possibility that this may be supported by affidavit evidence about contentious issues. In most cases, there will not be a hearing at which the parties or their agents appear in person. Thus, resolving differences between the parties or their representatives will be problematic. Ine...