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...miscarriage of justice by allowing the judgment to be published without due diligence. Matter of fact for me the experience has been worse than ERA, even though names are anonymised. 7 involved an improper admission of evidence via apparently an affidavit.. refer my own affidavit/objection which doesn’t even find a mention just like what happened in ERA in some issues. 8 apparent or real bias against me and in favour of other party. ...
...Those principles have been applied in a number of cases including An Employee v An Employer 9 and Clear v Waikato District Health Board. 10 The reason for the omission to bring the challenge within time [19] This application was supported by an affidavit by Brooke Halcombe, from Mr Zindel’s office. Exhibited to Ms Halcombe’s affidavit was an affidavit sworn by Mr Oliver on 9 October 2016. No issue was taken by the respondents as to the method by which Mr Oliver’s evidence...
...for recourse to the Maori Land Court. I will now summarise the various points of view that I understand have influenced the Ngai Tahu Ancillary Claims Trust in arriving at the list of names filed as "GGII", namely attachment II to the affidavit of Graham Grant, Chairperson of the Trust. The list is dated 2 March 2004, and comprises not less than 1700 names. (I have not counted each and every one, so this is an estimate rather than an actual total) . Background Before the Wa...
...on that there were no contraventions of a resource consent, nor were there any District Plan requirements needing further monitoring or enforcement. However, \XIDC submits that it was necessary for it to confirm its position on this and prepare affidavit evidence to correct a number of statements made by r-.fr O'Reilly.12 This included evidence on key matters which l\fr O'Reilly did not take into account or rebut in evidence, namely:13 (a) the resource consent granted to t...
...the New Zealand Law Society and to the Tribunal. [8] These arrangements are put before the Tribunal on the basis that, if acceptable to the Tribunal, they be taken into account in the final determination of penalty. Mr Ravelich swore a further affidavit to which he annexed undertakings of Ms Megan Jenkins who was to act as his mentor, as well as attaching evidence of his enrolment in a programme with CADS.2 [9] It is extremely heartening to note that an experienced practitioner su...
...evidence) Introduction [1] On 29 November 2019, I reserved judgment following the substantive hearing of this proceeding. [2] On 4 March 2020, shortly before my judgment was to be delivered, Mr Gibson- Smith applied for leave to file a further affidavit. That application is opposed by the Ministry of Business, Innovation and Employment (MBIE). [3] Before outlining the competing positions, it is necessary to describe the background. [4] Mr Gibson-Smith has for s...
...what is called for is an exercise of judgment. Difficulties with cost recovery [16] Mr Alkazaz lives overseas, although there is a possibility he might return to New Zealand next year. He has annexed a screen shot of a Kiwibank account to his affidavit, which shows a balance of $35,000. The screen shot is undated and lacks sufficient detail to conclude that Mr Alkazaz actually does currently hold this amount in savings in New Zealand. And, as counsel for the defendant points out...
...submissions are critical of the applicant’s reasons for failing to file a challenge on time, and of the merits of challenge set out in the draft statement of claim. Reasons for the delay [9] Mr Austin accepts responsibility for the delay. In his affidavit, he says that he mistakenly included 31 days in September rather than the correct 30, leading to Mr Tupe being one day out of time. As it transpired, the issues with Mr Austin’s filing meant the application was actually fil...
...[2023] NZERA 175 (Member Cheyne). challenge to the Authority’s determination and has filed an application for a stay of proceedings and a stay of execution of the Authority’s orders against her. The application is supported by an affidavit affirmed by Ms Jeon. The respondent is opposed to the application. Timetabling orders were made for the exchange of submissions. The parties were directed to file sequential submissions, which they have done. Counsel for the appl...
...likely to exceed the amount of arrears sought in the event of the Labour Inspector’s case being proved. [9] This proceeding for freezing and ancillary orders has been commenced by way of a statement of claim in the Court. It is supported by an affidavit of Ms MacRury, who is a principal Labour Inspector, and a memorandum from Mr La Hood. In addition, draft proposed orders were filed with the Labour Inspector’s statement of claim. Revised draft orders were then filed followi...