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1. [2025] NZEmpC 118 Airways Corporation of NZ Ltd v Small [pdf, 202 KB]

   ...The parties agreed that no separate interlocutory hearing was required to deal with that objection, and that the evidential matters could be considered in the course of the substantive hearing. It has not been necessary for me to rely on the affidavit evidence objected to, which Mr Small claimed amounted to submissions, or the part of the plaintiff’s chronology that was of concern, and that material has been put to one side. Both parties, however, referred to the exhibits attache...

2. [2010] NZEmpC 29 C v Air Nelson Limited [pdf, 14 KB]

   ...therefore entitled to an order under cl 12 of Schedule 3. [9] I propose, however, to make this an interim order to apply only until the hearing and decision of the plaintiff’s personal grievance. That is because, although not referred to in his affidavit as I would have expected, paragraph [85] of the Authority’s determination notes: “Some disciplinary action was taken against FO, although not to the extent of dismissal. (He has raised a grievance about that action.)”...

3. Carroll v CAC 10034 & Scott & Archer [2012] NZREADT 59 [pdf, 21 KB]

   ...makes the following orders: 1. To be dealt with on the papers by Judge Barber. 2. The First Respondent to file and serve a bundle of the documents which were before the Committee by 13 February 2012. 3. The Appellants to file and serve sworn affidavits regarding the likely impact publication of the Committee’s determinations would have, and written submissions by 20 February 2012. 4. The First Respondent is to file and serve submissions, by 27 February 2012. 5. The...

4. D v O [2016] NZIACDT 59 (21 September 2016) [pdf, 132 KB]

   ...but the date is false and the complainant signed it on 30 August 2013, by which time Ms O had already done the work to prepare the application. Request for Ms O to respond [5] Pursuant to section 49(4)(a) the Tribunal requested that Ms O file an affidavit responding to the allegations. [6] Ms O filed an affidavit to the effect: [6.1] The complainant engaged Ms O to provide professional services, and signed the agreement to do so on 28 May 2013. She completed the other paperwork at th...

5. [2020] NZEmpC 12 Cooper v Phoenix Publishing Ltd [pdf, 302 KB]

   ...set down as a formal proof because Phoenix Publishing had failed to take steps in the proceeding. Belatedly, on the morning of the hearing, the defendant applied for leave to defend the proceeding and supported that application with an affidavit from its Director, Bronwyn Rawson. Among the subjects addressed in Ms Rawson’s affidavit was a claim that the company had not been served with the proceeding. That claim meant the hearing could not proceed and it was adjourned....

6. [2022] NZEnvC 141 Gladstone Family Trust v Dunedin City Council [pdf, 840 KB]

   ...the parties dated 10 May 2022 which details the agreement reached by the parties to resolve the appeal. The agreement reached involves rezoning the site from Hill Slopes Rural to Low Density Residential. [3] I have also read and considered the affidavit of Mr Rawson who has satisfied me that the amendments proposed are a suitable alternative to the status quo and that granting the relief sought will not impact on the resolution of any other proceeding.1 Other relevant matters...

7. [2023] NZEnvC 240 Green v Kāpiti Coast District Council [pdf, 114 KB]

   ...planning approval would be progressed. [5] No planning approval has yet been sought and photographs taken on 7 September 2023 indicate to Council that piling works have now been carried out. [6] The application for stay is accompanied by an affidavit from Ms Green dated 17 October 2023. Her evidence is that she is in the process of preparing a planning application, the house remains unoccupied and safe and no piling work has been undertaken for the house. Ms Green states in he...

8. [2024] NZEnvC 240 Kasabova v Auckland Council [pdf, 177 KB]

   ...notices [2] The appellants filed an appeal against the abatement notices on 13 September 2024. The appeal seeks cancellation of the abatement notices. [3] An application to stay the abatement notices was also filed and was supported by an affidavit of Ms D Kasabova. Ms Kasabova’s affidavit explains that an existing retaining wall, that was in poor condition, was replaced to address flooding issues at the property. The appellants’ grounds for seeking a stay of the abatement...

9. Hearing process

   ...court, under the control and direction of the Chair.  Parties to the proceedings are usually represented by counsel, although sometimes practitioners or employees/former employees represent themselves. Evidence, which is usually filed in advance by affidavit, will be considered at the hearing. The persons who completed affidavit evidence must attend if required and be available for cross-examination on statements they have made in their evidence. After all parties have completed giving, and be...

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   2. Lawyers & conveyancers >
   3. Lawyers & Conveyancers Disciplinary Tribunal

10. Ngati Pahauwera Crown Summary Report November 2014 [pdf, 1.5 MB]

    ...questions is indicative only and may be altered according to the circumstances of each application and the evidence available. 9 Since the last version of the summary report was provided to Pāhauwera, the Crown has received a number of sworn affidavits from the applicants and the content of these has been considered for relevance to the question of third party use and occupation of the CMCA. In addition Ngāti Pāhauwera Trust has also identified a number of reports from the record...