Search Results

1. [2022] NZEnvC 050 Auckland Council [pdf, 207 KB]

   ...North Shore Aero Club, as owners of North Shore Airport, and obtain its view on the application.1 A memorandum on behalf of the Aero Club was filed on 11 March 2022, confirming its agreement to addressing the mistake under s 292 of the RMA. Affidavit of Ewan David Paul2 In support of its application, the Council also filed an affidavit from Ewan Paul, a senior policy planner for the Council. Mr Paul records that a mistake was identified in relation to the I506 Dairy Flat Pre...

2. 2021-12-02 ORC - MOC - re PC1 Chapter 7 (Landfills) & PC8 Part H [pdf, 138 KB]

   ...to consider the provisions of PC1 Chapter 7 – Landfills and PC8 Part H as agreed at mediation. However, at this stage it is unclear whether or not the Court considers that hearing time will be required, or whether it might be sufficient for affidavit evidence to be filed, alongside any necessary consent documentation. It is anticipated that the affidavit evidence would comprise of planning evidence, a s32AA analysis of the further changes agreed at mediation, and a table of offi...

3. [2023] NZEmpC 59 Hamilton Civil Plant Ltd v Carr [pdf, 186 KB]

   ...the costs and disbursements ordered against it, and did not file a challenge to the Authority’s determination within the 28-day statutory timeframe for doing so.4 That timeframe expired on 8 November 2022. [5] The documentation annexed to affidavits in support of, and in opposition to, the application reflects the following sequence of events. The Authority forwarded Mr Negri a copy of the determination on 11 October 2022. The cover email from the Authority advised that: Pl...

4. Beauchamp v B & T Co (2011) Ltd (Costs) [2022] NZHRRT 30 [pdf, 105 KB]

   ...[4] While the costs application was served on the first defendant on 14 May 2022, Ms Beauchamp was unsuccessful in locating the second defendant, Ms Bing Du. Consequently, the Tribunal on 16 June 2022 made an order for substituted service. By affidavit sworn on 26 July 2022 and by memorandum of the same date, the Director has satisfied the Tribunal that the order for substituted service has been complied with and that Ms Du is to be treated as having been served with the application fo...

5. [2024] NZEmpC 154 Hu v Passion Fresh Ltd [pdf, 180 KB]

   ...Binnie v Pacific Health Ltd [2002] 1 ERNZ 438. was $14,818. The offer was open for acceptance until 20 October 2023. It was not accepted. [6] Ms Moncur made brief submissions opposing the costs application. They were supported by an affidavit from Ms Hu about her financial circumstances. The submissions fell into two broad parts but did not take issue with costs being calculated on a 2B basis, the assessment of the steps required to complete this proceeding, or whether...

6. 2023-10-13-Notice-of-motion.pdf [pdf, 299 KB]

   ...Application process would benefit from the comprehensive range of case management tools available to the Environment Court to manage parties’ preparation for and participation in a hearing on the Application. (h) The further grounds contained in the affidavit of Laila Alkamil dated 12 October 2023. 3. The following documents are attached to this Notice of Motion: (a) The affidavit of Laila Alkamil in support of this Notice of Motion (Attachment A); and 3 CJW-479124-46-...

7. [2024] NZEmpC 185 Greentree NM Catering Ltd (t/a Master Bao) v Wang [pdf, 184 KB]

   ...the novelty and/or importance of the questions involved; (f) the public interest in the proceeding; and (g) the overall balance of convenience. [7] Other factors, including the likely merits of any related challenge, can also be relevant.8 Affidavits and submissions have been filed [8] The company has not filed any affidavit evidence in support of its application or made any offer to make a payment into Court pending the outcome of the Court’s proceedings. [9] Mr Lytte...

8. [2025] NZEmpC 9 DQJ v The Commissioner of Inland Revenue [pdf, 184 KB]

   ...the defendant’s opposition to the plaintiff’s challenge; the deponent was the plaintiff’s line manager. The application also relates to two individuals who were involved in events leading up to the plaintiff’s dismissal. Both have sworn affidavits in support of the application for non-publication. [3] The challenge was heard on 23 January 2025, and I heard from the representatives on the defendant’s non-publication application as a preliminary issue at the outset of th...

9. ENVC-24 application for order obliging requiring authority or heritage protection authority to take land [docx, 23 KB]

   ...requirement): [give details]. The name of the requiring authority is: [give details]. The designation (or requirement) was placed on the land on [date]. The grounds for this application are: [give details]. *I attach the following documents: · (a)an affidavit that contains evidence in support of this application; and · (b)the names of the requiring authority and territorial authority served with a copy of this application. *These documents constitute part of this form and, as such, must be a...

10. [2019] NZEnvC 132 Kapiti Coast District Council [pdf, 1.4 MB]

    ...raises any significant issues which mean it should come into effect other than as contemplated by Parliament when bringing in its current provisions as to when proposed rules take effect. In particular I am not satisfied from Mr Muspratt's affidavit dated 5 April 2019 that there is any substantial risk of a "goldrush" of applications which might defeat the intention of the Variation. I note from para 11 of Mr Muspratt's affidavit that the Council has received onl...