Search Results

1. [2010] NZEmpC 114 Comptroller of Customs v Smith and anor [pdf, 33 KB]

   ...resume work. [8] Mr McPhail also raised on behalf of the plaintiff a possible alternative that Mr Smith be reinstated to a different position within the customs service on the same conditions of employment. [9] In support of the application, four affidavits were filed. Although I now summarise the content of those affidavits relatively briefly, I confirm that I have read them fully and that I have taken into account all that is said in them. [10] Mr Chitty expresses concern abo...

2. [2018] NZEnvC 140 Mawhinney v Auckland Council [pdf, 2.5 MB]

   ...cross-examine Mr Duncan or any subsequent deponent they will need to apply for leave to issue a witness summons giving grounds, by Friday 24 August 2018 (in relation to Mr Duncan), or within 4 working days of any subsequent service on them of another affidavit. 3 E: Leave is reserved for any party to apply to amend the directions in Order C if they are unclear in any respect. REASONS Introduction [2] These proceedings were set down for hearing on Wednesday 15 August 2018....

3. BK v YM LCRO 177 / 2010 (14 April 2011) [pdf, 129 KB]

   ...review. This matter constitutes the most important aspect of the complaint. Before addressing that however, it is necessary to deal with the evidence provided by Mr YL for this hearing. 7 Mr YL’s affidavit [36] The Respondent had sworn affidavits in the Family and District Court proceedings which included the following statements:- One point that [Mr YL] and [Mrs YL] made very clear and raised more than once with me was that they wanted the company’s (and therefore thei...

4. [2019] NZEnvC 053 Kaipara District Council v Hertzke [pdf, 514 KB]

   ...parte for interim enforcement orders: 1.1 The orders sought against the respondents are in respect of the property at 570 Pahi Road, Paparoa, being Part Lot 10 on Deposited Plan 391526 (the site). A survey plan is appended at "8" to the affidavit of George Lewis filed in support, which identifies the main dwelling and sleep out buildings that are identified in these orders. 1.2 Pursuant to ss 320(1) and 314(1 )(a)(i) and 314(1 )(a)(ii) of the RMA, until further order of the Co...

5. LCRO 74/2018 PG v EJ (29 November 2019) [pdf, 149 KB]

   ...Ms EJ says she provided her affidavit in accordance with her statutory duty as executor to do so. She denies she defamed Ms PG and her family. She denies that her comments had prejudiced the outcome of their family protection claim. [71] The affidavits filed in the family protection proceedings by Ms PG and her siblings, and by Ms EJ would have been placed before the Family Court judge. As I have noted Ms PG’s claim did not proceed to a hearing, and was settled on 3 October 2017...

6. [2018] NZEmpC 120 RPW v H and C [pdf, 231 KB]

   ...any information leading to the identification of the plaintiff. Formal proof evidence [18] The evidence relied upon by the plaintiff to prove the breaches of the compliance orders and the orders prohibiting publication is contained in three affidavits. All affidavits are sworn by the plaintiff trust board’s chairman. The first affidavit sworn and filed on 24 August 2018 was in support of the original application for interim orders prohibiting publication of names. Two furthe...

7. Kapiarumala v New Zealand Catholic Bishops Conference (Withdrawal of Solicitor) [2017] NZHRRT 56 [pdf, 132 KB]

   ...Solicitor) [2017] NZHRRT 56] 2 [2] By application dated 12 December 2017 Ms Abrams has applied to the Tribunal for an order declaring that she has ceased to be the solicitor on the record for the plaintiff. That application is supported by an affidavit sworn by Ms Abrams on 12 December 2017. It is not necessary that the contents of that affidavit be recited here. It is sufficient to note only the following: [2.1] Ms Abrams was engaged by the plaintiff on 12 May 2015 regardin...

8. Hague Convention - Skeleton Affidavit [pdf, 91 KB]

   Skeleton Affidavit AFFIDAVIT OF [___________] IN RELATION TO APPLICABLE NEW ZEALAND LAW IN RELATION TO APPLICATION IN ACCORDANCE WITH THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION FOR RETURN OF CHILD/REN TAKEN FROM NEW ZEALAND REQUESTING CENTRAL AUTHORITY OR APPLICANT: New Zealand Central Authority [__________] [“___”] of [______], [_____]. REQUESTED AUTHORITY: [______] I, [____________], Barrister of the High Court...

9. [2023] NZEmpC 159 Wiles v The Vice-Chancellor of the University of Auckland [pdf, 166 KB]

   ...the constraints of law and University policy when exercising academic freedom and providing public commentary, but confined to the period between 24 August 2017 and 24 August 2022 (inclusive).2 [3] The University says disclosure was done via an affidavit of Mr Phipps, that included within it summaries of four instances that Mr Phipps says he was aware of and that fell within the scope of the disclosure ordered. [4] Associate Professor Wiles now applies for an order requiring the...

10. [2017] NZEmpC 96 Nisha v LSG Sky Chefs NZ Ltd Interlocutory judgment (No 23) [pdf, 246 KB]

    ...initially, PRI Flight Catering Ltd (PRI), and subsequently Mr Hay. [7] The application for disclosure was resolved by a judgment issued on 20 June 2016, being Interlocutory Judgment (No 20). 2 Ms Alim and PRI were both ordered to file and serve affidavits of documents. [8] Subsequently, the Court heard the applications for joinder, making orders which had been sought in its judgment of 14 December 2016, being Interlocutory Judgment (No 22). 3