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1. [2018] NZEnvC 142 Gisborne District Council v O'Connell [pdf, 664 KB]

   ...the Respondents to the same extent as they apply to the Respondents. 2. The Respondents are to pay the Council's costs in respect of this application and order. [3] The Council's application for enforcement orders was accompanied by affidavits in support from: • Scott Morris Dobbie, Monitoring and Compliance Officer employed by the Council; • Gary Hill McKenzie, Team Leader - Monitoring and Compliance employed by the Council; • Reginald Frank Proffit, Consent...

2. [2024] NZEnvC 188 Waitaki District Council [pdf, 279 KB]

   ...include rules, map overlays, standards and definitions, as pertaining to: (a) activities on and within Outstanding Natural Features and Landscapes (‘ONF/L’); and (b) subdivisions in certain locations. [2] The application is supported by affidavits of WDC’s planning officers, Katrina Dawn Clark and Rachael Helen Bason and two landscape architects engaged by WDC, Ms Anne Steven and Mr Philip Blakely.1 Statutory framework and principles [3] Under s86B(1) RMA, rules in a pro...

3. [2011] NZEmpC 126 EBIIWU v Norske Skog Tasman Ltd [pdf, 67 KB]

   ...Within 7 days the plaintiff will either file a further affidavit including any agreements that had not been located at the time the earlier affidavit was sworn or an agreed statement of facts dealing with these issues. c) The defendant may file affidavits in response within 14 days of receipt from the plaintiff of any further affidavit or, if there is to be no further affidavit, within 14 days of receipt of such advice. d) The parties have agreed to accept a fixture on Friday 2...

4. Miscarriage of justice - Scott Watson - Ministry's briefing to Minister June 2013 [pdf, 1.1 MB]

   ...69. An important focus of Ms McDonald’s advice, given its significance at trial, was the evidence of Mr Guy Wallace and (to a lesser extent) Ms Roslyn McNeilly regarding their respective “identifications” of Mr Watson. Both provided fresh affidavits and were interviewed by Ms McDonald. 70. Both told Ms McDonald they would have answered certain questions, if asked at trial, in a particular way. Mr Wallace said that had he been asked he would have stated that the man in the dock...

5. [2008] NZEmpC AC 5/08 Skinner & Anor v Stayinfront Inc & Ors [pdf, 33 KB]

   ...amended statements of claim in the Court in November 2007. The defendant has now applied for orders striking out part or whole of the amended statements of claim. The applications [5] The defendant seeks the following orders: 1. That the affidavit of Mr Tobin in opposition to the application to strike out be not admitted as evidence on the application to strike out. 2. Striking out the amended statement of claim in its entirety. 3. Striking out aspects of the amended statem...

6. [2017] NZEnvC 185 Augustine Lau v Auckland Council [pdf, 134 KB]

   ...respect of its application for security for costs must be filed and served by 15 November Lau v Auckland Council 2 2016. B. Any response by Mr Lau to that application for costs must be filed and served by 22 November 2017. C. The two affidavits of Augustine Lau sworn on 31 October 2017 and on 6 November 2017 are not received by the Court as evidence in this proceeding Reasons Correction of decision on application for security for costs [1] In a decision in this proceed...

7. Practice Note applications under the protection of Personal and Property Rights Act [pdf, 109 KB]

   ...Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003. 3 EVIDENCE 3.1 An application is to be supported by evidence. 3.2 Schedule 9 of the Family Courts Rules 2002 provides for the format of applications under the PPPR Act. 3.3 Affidavits are to be filed to support the applications. 3.4 The affidavit in support shall follow, as close as is practicable, the specimen affidavit form in the Schedules to this Practice Note. 3.5 The affidavit format is designed to...

8. Auckland Standards Committee 2 v Dangen [2019] NZLCDT 22 [pdf, 502 KB]

   ...so serious “as to tend to bring the profession into disrepute”1 was in connection with her conduct as a property manager and welfare guardian for an elderly woman suffering from dementia.2 [2] The practitioner, Ms Dangen, had sworn three affidavits in relation to the PPPR application which were inaccurate, having regard to her subsequent conduct. Ms Dangen had charged significant fees for her attendances, without having been authorised by the Court, and in respect of some att...

9. [2011] NZEmpC 132 Kaipara v CHH Ltd [pdf, 125 KB]

   ...NZEmpC 132 ARC 45/11 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF application for security for costs AND IN THE MATTER OF an application to strike out (in part) an affidavit in support BETWEEN ARTHUR KAIPARA (HATA) Plaintiff AND CARTER HOLT HARVEY LIMITED Defendant Hearing: By telephone at 10am on 3 October and 10 am on 6 October 2011 (Heard at Auckland) Counsel: Stan Austin,...

10. [2006] NZEmpC IHC New Zealand Inc v Scott [pdf, 42 KB]

    ...Employment Court premises in Auckland City. Accordingly, it was found that a convenient ground floor location was the North Shore District Court at Albany and that is why this venue has been chosen. [3] Both Ms Wheldale, who has provided an affidavit, and Ms Prictor, who has provided a brief of evidence, are now available to give evidence. Accordingly, because the admissibility arguments go partly to Ms Wheldale’s evidence it is convenient to deal with the argument on admissib...