Search Results

1. [2013] NZEmpC 123 Grocott t/a Fluffy's Roof Coatings v Parratt [pdf, 55 KB]

   ...significant preparation for hearing being done on behalf of the defendant before it became apparent that the plaintiff might not proceed. The defendant was also put to the trouble of preparing an application to strike out the proceeding with an affidavit and memorandum in support and, subsequently, an affidavit of service. [4] On behalf of the defendant, Ms Tucker seeks indemnity costs. She relies on regulation 68 of the Employment Court Regulations 2000 and suggests that useful g...

2. Guidelines: Family Court appointment of psychologists and Lawyer for child - Hague Convention [pdf, 34 KB]

   ...available, how might the child respond if the Court makes an order for return despite the objection? 1.3 As the parties may wish to address matters that arise as a result of the report, I suggest a further direction. That the parties be entitled to file affidavits addressing matters raised in the psychologist’s report within 10 days of the receipt of the report. 1.4 Such a specific brief should ensure that the psychologist is able to complete this report quickly and should not need...

3. [2014] NZEmpC 87 MacDonald v Whale Pumps Ltd t/a Denby Caterers [pdf, 54 KB]

   ...Authority AND IN THE MATTER of an application for leave to amend statement of claim BETWEEN SHIRLEY ANNE MACDONALD Plaintiff AND WHALE PUMPS LIMITED T/A DENBY CATERERS Defendant Hearing: On the memoranda, affidavits and submissions of the parties filed on 8 and 24 April and 20, 26 and 29 May 2014 Appearances: C Eckard, counsel for plaintiff C Rowe, advocate for defendant Judgment: 9 June 2014 INTERLOCUTORY JUDGME...

4. Hall - Opepe Farm Trust (2009) 86 Taupō MB 36 (86 TPO 36) [pdf, 494 KB]

   ...the shortness of notice to the respondents and the situation as 89 Taupo MB 37 explained in the memorandum from Mr Green and Ms Opai. an adjournment would be granted. [6] However this is an application for injunction. It is accompanied by an affidavit. Rule 8 l (6) states: "Where the urgency of the case requires it, the Court may make an interim order by way of injunction er parte." [7] The application and affidavit disclose: a) That the trustees entered into a deve...

5. [2017] NZEnvC 211 Russell Roads Ltd v Hastings District Council [pdf, 599 KB]

   ...of the truck movements to and from the site. [8] I have regarded the Council's memorandum as setting out the "worst case scenario". That scenario must be assessed on the basis that the comprehensive information provided by way of affidavits on behalf of RRL establishes that the activity in question has been undertaken by RRL on the Kereru Road property since about 1991. 3 It is being undertaken (inter alia) for river control and flood protection purposes on land o...

6. Minute of the Environment Court (dated 4 April 2017) [pdf, 117 KB]

   ...required, as the parties have the opportunity to respond in the timetable which has been set. I simply raise these matters so that the parties have the benefit of the court's thinking. Leave is granted for Mr Willis to provide a supplementary affidavit giving detailed, but succinct, reasons for the orders sought. However, any supplementary affidavit is to be filed by Friday 7 April 2017. ~? ~o~ Issued: 4 April 2017

7. [2019] NZEnvC 047 Northland Regional Council v Far North District Council [pdf, 1.3 MB]

   ...Following the conference, an amended draft enforcement order was filed with the Court by the parties. [4] In considering the draft enforcement orders the Court has read the: (a) Application for enforcement orders dated 6 December 2018; (b) Affidavit of Catherine Orevich sworn on 5 December 2018; (c) Affidavit of Theresa Gaye Dacre sworn on 5 December 2018; and (d) Joint memoranda of counsel dated 1 March and 8 March 2019. Enforcement Orders [5] Accordingly, the Court makes the...

8. [2018] NZEnvC 224 van der Wilt v Selwyn District Council [pdf, 721 KB]

   ...well as relocating a designated building area, at Bangor Farm, Darfield. [2] The applicants have applied for early commencement of the resource consent under s 116 of the Resource Management Act 1991 ("the Act"), accompanied by the affidavit of India Jane van der Wilt. Section 116 application [3] The s 116 application is made on the following grounds:' (a) the appeal is in relation to three conditions: 2(ii) , 2(iv) and 4(b); (b) no other appeals have been filed i...

9. [2023] NZEnvC 063 Chang v Auckland Council [pdf, 181 KB]

   ...wastewater discharge consent had expired on 31 December 2018 and compliance was required by 8 April 2023. [2] Ms Chang lodged an appeal against the notice on 29 March 2023 together with an application for a stay of the abatement notice and an affidavit of Mr Leigh Dooley in support of that application. In his affidavit Mr Dooley analyses Ms Chang’s disposal system comprehensively, indicating that it is an on-site system. Based on the reassessment of the sample testing results, he...

10. [2022] NZEnvC 154 Calvert v Dunedin City Council [pdf, 158 KB]

    ...have read and considered the consent memorandum of the parties dated 21 July 2022 and the memorandum of counsel dated 29 July 2022 which detail the agreement reached by the parties to resolve this appeal. [3] I have also read and considered the affidavit of Ms K E S James, affirmed on 29 July 2022, who has satisfied me that the amendments proposed will achieve the objectives of the 2GP, and that granting the relief sought will not impact on the resolution of any other proceeding.1...