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1. 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...

2. [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...

3. [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...

4. [2018] NZEnvC 123 Tararua District-Council v Capital All Signs Holdings Limited [pdf, 260 KB]

   ...as the Court directs; and 4.3 That the orders are to apply to personal representatives, successors and assignees of the Respondents to the same extent as the orders apply to them, under s 314(5) of the Act. The application was supported by an affidavit of Craig Morgan Lunn (the Regulatory Services Manager at the Council). [4] Before considering the merits of the application it is necessary for me to address some matters of process. I record that Mr Easton attended the hearing on...

5. D Trust v IAG New Zealand Ltd & Max C & Max E & Orange H M & Orange H G & QBE [2019] CEIT-2019-0037 [pdf, 158 KB]

   ...with an application to deal with admissibility issues. That is not surprising because of the amount of money at stake and the complexity of the issues, but it is also to be expected because often a litigant in person will include material in an affidavit that should not properly be there. They do not appreciate the difference between submissions and evidence. They do not understand that the purpose of an affidavit is to put facts before the Court. Instead they tend to incorporate i...

6. [2019] NZEnvC 181 Horowhenua District Council v Chambers [pdf, 2.5 MB]

   ...the invoice is due, the Horowhenua District Council is entitled to register the debt as a charge on the title of land at 119 Hokio Beach Road, Levin, pursuant to the Land Transfer Act 2017. [3] The Council's application was accompanied by an affidavit in support from Mr S A Amos, a Compliance and Monitoring Officer employed by the Council. The application and Mr Amos' affidavit in support were served on Mr Chambers on Saturday 25 May 2019. Additionally, on instruction from...

7. [2011] NZEmpC 109 Evolution E Business Limited v Smith [pdf, 229 KB]

   ...breaches of his duties of good faith and confidentiality. The principal allegation made against Mr Smith is that during the course of his employment he provided Evolution‟s former joint-venture partner, Transactor Technologies Ltd (TTL), with an affidavit which was used by TTL in litigation against Evolution. There were other allegations also which I will need to deal with in the body of this judgment. Mr Smith denies all the allegations made against him and claims that he prov...

8. [2022] NZEmpC 84 Singh v Dhaliwal [pdf, 182 KB]

   ...statement of claim on 22 October 2021 seeking sanctions due to default on the part of the first and second defendants. [5] The Registry was advised by email that service had been effected on 30 October 2021. When no defence was received, an affidavit was filed purporting to confirm that a copy of the Authority’s determination, and the statement of claim, had been served on the first defendant at 6 Te Kahu Place, Takanini, Auckland. [6] Because there were defects in the affid...

9. [2011] NZEmpC 99 Broughton v Microsoft NZ Ltd [pdf, 77 KB]

   ...objection was taken later than the five days allowed for in the Regulations to do so and the defendant seeks leave to object out of time. That is permitted under s 221 of the Employment Relations Act 2000 and I formally grant leave. [10] On the affidavit evidence, the defendant has already gone a substantial way to satisfying this request for disclosure although I accept that it is too broad in some respects. That is because there are substantial numbers of Microsoft employees a...

10. [2021] NZEnvC 080 Invercargill City Council v Smith [pdf, 232 KB]

    ...plants on the property. (the Order) [4] The Order was served on Mr Smith (in person) on 28 October 2020 by placing the documents in the letterbox of Mr Smith’s place of residence.2 [5] The Council’s s315(2) RMA application was supported by affidavits of Jeremy Bond affirmed 19 October 2020 and 17 March 2021. [6] Mr Bond was initially an Environmental Compliance Officer3 employed by the Council, although by the time of the hearing before the court, he was Team Leader – C...