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1. 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...

2. [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...

3. [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...

4. 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...

5. 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...

6. [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,...

7. [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...

8. [2017] NZEnvC 163 Canterbury Landscape Supplies Ltd v Canterbury Regional Council [pdf, 1.1 MB]

   ...requiring it to cease discharge of odour from the compositing operation. [6] On 31 August 2017, CLS lodged an appeal against the abatement notice. The appeal was accompanied by an application for stay of the abatement notice under P J Wylie first affidavit (31 August 2017) at [23] . 3 section 325(3A) of the Resource Management Act 1991 ("the RMA" or "the Act"). The application was supported by the affidavit of Mr P J Wylie, Director of CLS, dated 31 August...

9. National Standards Committee 1 v Deliu [2016] NZLCDT 27 [pdf, 480 KB]

   ...information that was within his power to obtain. (d) The practitioner has access to his communications with the Complaints Service dating back to 2009, the recording of his appearance before the Committee on 8 November 2010 and the various affidavits he has made about the subject matter of the charges, if he needs to refresh his memory. (e) The practitioner can provide evidence in answer to the charges as his second affidavit made on 4 September 2015 in support of his applic...

10. [2022] NZEnvC 198 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 324 KB]

    ...s274 notice. Therefore, we record the Woodfields and the Trust as parties to the proceeding. Submissions to QLDC on the Proposal and QLDC’s response QLDC Principal Planner, Ms Grace recorded that, despite no submitter having filed expert affidavit evidence to support its position, many raised landscape related concerns. Ms Grace recorded her response to these concerns, informed by her discussions with landscape architect, Ms Helen Mellsop. Ms Mellsop is well 4 Summary re...