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1. Auckland Standards Committee 5 v Kang [2018] NZLCDT 6 [pdf, 186 KB]

   ...professional help. [9] The respondent has admitted the particulars alleged against him. He disputes that he is guilty of professional misconduct. He has admitted that he is guilty of unsatisfactory conduct. [10] The respondent has sworn two affidavits in support of his defence to the charges. The first is dated 6 October 2017. The respondent filed an updating affidavit sworn on 2 March 2018. The essential elements of the respondent’s evidence in defence are: (a) He did no...

2. Kho v Navarette-Scholes [2016] NZIACDT 60 (22 September 2016) [pdf, 101 KB]

   ...asking Ms Navarette-Scholes for an explanation. Request to Ms Navarette-Scholes to respond [8] The Tribunal told Ms Navarette-Scholes it had undertaken a preliminary evaluation of the statement of complaint and responses, and asked her to file an affidavit setting out: [8.1] Why the Tribunal should conclude the complainant did not engage her to apply for a work visa, and if he did so, then why she failed to do so; [8.2] Whether she failed to provide important parts of her record to t...

3. [2017] NZEnvC 139 MacKenzie v Vavasour Investments Limited [pdf, 243 KB]

   ...consent did not achieve the purpose of the RMA by not providing for the Tree's national importance including as an outstanding natural 3 feature and as historic heritage. Grounds for Enforcement Orders [4] The applicant has lodged three affidavits in support of the application from the following people: (a) Noelle Barbara Lipinski of Warkworth who affirms that she is the granddaughter of an earlier owner of the land and that her grandmother told her that the Tree was a...

4. Anonymised [2017] NZREADT 38 [pdf, 139 KB]

   ...“seeking a non- publication order must show specific adverse consequences that are sufficient to justify an exception to the fundamental rule of open justice (emphasis added)”. [19] In our view Mr O has overcome that high hurdle. He filed a detailed affidavit providing sufficient details of the difficulties and relentless attacks that he has been subject to from another party in an ongoing disciplinary matter, which has been to the Tribunal, the High Court and the Court of Appea...

5. [2019] NZEnvC 031 West Coast Regional Council v Westland District Council [pdf, 176 KB]

   ...Wastewater Treatment Plant - Key Milestones - dated 25 July 2018" to "Franz Josef Wastewater Treatment Plant - Key Milestones - dated 14 February 2019"; (d) replace Attachment A of the Orders with Exhibit A to Mr Ross' supporting affidavit of 15 February 2019 , [3] The application was supported by an affidavit of Martin Ross, dated 15 February 2019. Attached to the affidavit was an updated Exhibit A , dated 14 February 2019, detailing the Key Milestones for the...

6. [2019] NZEmpC 122 Bay of Plenty District Health Board v CultureSafe NZ Ltd [pdf, 407 KB]

   ...within the same timeframe; this direction was made to deal with any conflicts of interest. [7] No statement of defence was filed by 29 April 2019. On 8 May 2019 the defendants filed an application for leave to file their pleading out of time, an affidavit in support, and a draft statement of defence. [8] The DHB filed a notice of opposition and an affidavit. Also filed was a memorandum of counsel stating that the draft statement of defence was deficient and did not meet the requ...

7. [2019] NZEnvC 204 Auckland Council v Noe [pdf, 342 KB]

   ...response and that by 22 November the Council give notice whether it sought additional time to lodge further evidence or a conference to progress the matter. [6] The Council filed a further Memorandum on 14 November 2019, accompanied by a further affidavit of the enforcement officer who has been involved in this matter, Ms Obushenkova, affirmed on 13 November 2019stating that Mr Noe had not complied with the Orders and a further affidavit of Mr Woolley, an expert in soil contaminatio...

8. [2021] NZEmpC 161 A Labour Inspector v Prisha’s Hospitality (2017) Ltd T/A Royal Cambridge Indian Restaurant [pdf, 198 KB]

   ...proved. [7] The substantive proceedings are expected to be heard in the Employment Court later this year. [8] The proceeding for freezing and ancillary orders has been commenced by way of a further statement of claim. It is supported by an affidavit of Ms MacRury, a principal Labour Inspector, and a memorandum of counsel for the Labour Inspector. In addition, draft proposed orders have been filed. [9] Counsel for the Labour Inspector has certified that: (a) the g...

9. [2022] NZEmpC 163 Matajod v Crazy Horse Ltd [pdf, 249 KB]

   ...merits of the proposed challenge. This factor is now approached with caution, for reasons which I come to. 4 Employment Relations Act 2000, s 219. 5 Stevenson v Hato Paora College Trust Board [2002] 2 ERNZ 103 (EmpC) at [8]. [9] An affidavit has been filed in support of the company’s applications to extend time. It is said that the company was prepared to accept the Authority’s determination for pragmatic reasons. Accordingly, it applied to the Authority for the or...

10. Paerata v George -Tuaropaki A (Mokai Marae) (2022) 284 Waiariki MB 76 (234 WAR 76) [pdf, 233 KB]

    ...Discussion [5] There is no clear documentation to show whether or not the house ownership was transferred to the Trust. In order to get some clarity on how the current situation has come about, the Court was referred to the applicant’s affidavit, an email from Colin Rangi (ex- 1 The trust names “Mokai Marae Trust” and “Tuaropaki A Trust” are often used interchangeably. The trust is recorded in the Māori Land Court record as Mokai Marae. 2 Tuaropaki A Trust minu...