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1. Te Rangi - Mahanga 1C1E (2012) 25 Tairawhiti MB 268 (25 TRW 268) [pdf, 108 KB]

   ...Ropiha, and other people from trespassing on Mahanga 1C1E also known as Mahanga Marae. The injunction will be until further order of the Court and shall issue immediately to take effect from 2pm 18 October 2012; b) The trustees are to file an affidavit in support of the injunction application within seven (7) days, following which the application and affidavit in support are to be served on Mr Ropiha and the matter set down thirty (30) days after 18 October 2012 or so soon there...

2. New Zealand Law Society v Hall [2014] NZLCDT 17 [pdf, 72 KB]

   ...been disadvantaged in any way. Thus she contributed significantly to the costs escalation. [12] The second approach which requires some comment, because it departed from the usual practice, is that the practitioner failed to file a substantive affidavit. While we make no comment on this failure before the “case to answer” was found, it was seen by the Tribunal as a hindrance in considering the evidence overall. [13] In this regard we refer to the comments of the High Court in...

3. National and Auckland Standards Committees v Orlov [2013] NZLCDT 3 [pdf, 49 KB]

   ...[4] Mr Orlov instead protests the Tribunal’s jurisdiction and has filed a number of, I think six to date, Interlocutory applications, including the present strike out and permanent stay application. With this application he has filed a lengthy affidavit and 45 page synopsis of his argument. [5] Initially Mr Orlov indicated that he did not seek a stay based on abuse of process or more particularly prejudice by delay. That was consistent with his early undertaking to me in Febr...

4. [2014] NZEmpC 52 Ryan v Bryan [pdf, 62 KB]

   ...after she had sought to enforce the Authority’s determination that Mr Ryan sought a stay of that enforcement. [6] By a minute dated 11 March 2014, the Court gave directions on that application for stay including that Mr Ryan was to file and serve affidavit evidence in support. The Court timetabled steps to be taken by Ms Bryan in opposition. Ms Bryan’s timetable is still running and she has until 15 April 2014 to file and serve any notice of, and affidavit evidence in oppositi...

5. Stern & Ors as Trustees of the Growth Trust [2011] NZWHT Auckland 12 [pdf, 78 KB]

   ...whether or not the claim meets the eligibility criteria. [3] I have considered the following documents in conducting my review: 2 the application for review; the Memorandum in support of the application filed by Grimshaw and Co; the affidavit of Phillip Wynne Grigg; the letter from Laura Tait of the Department of Building and Housing to the claimants dated 10 January 2011 advising that the Chief Executive had decided that the claim did not meet the eligibility cr...

6. Witana v Robust - Omapere Taraire E (2018) 175 Taitokerau MB 251 (175 TTK 251) [pdf, 259 KB]

   ...he cannot act further in this proceeding. [15] Given this finding, it is not necessary to consider whether a conflict exists due to Mr Jones having previously acted for all trustees. 2 See affidavit of Ms Witana sworn 6 July 2018 at [15], [ 23], [26] and [33]. 3 See affidavit of Taoko Wihongi sworn 5 July 2018 at [24]. 175 Taitokerau MB 255 Decision [16] Mr Jones is disqualified from acting further in this proceeding....

7. [2018] NZEnvC 206 Tupuna Maunga O Tamaki Makaurau Authority v Auckland Council [pdf, 158 KB]

   ...obtained. (d) The period for which notices under s 274 of the Act can be filed is extended until 30 November 2018, to allow for this process of public notification to take place. (e) At the end of the notification period the applicant is to file an affidavit of service in accordance with Rule 6.10 of the District Court Rules 2014 setting out the details of the public notification, including when and how notification took place. REASONS Introduction [1] The TOpuna Maunga 0 Ta...

8. [2020] NZEmpC 47 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 337 KB]

   ...only applied from 1 August 2019. The previous daily rate was $2,230. [10] Most of the steps taken by the Vice-Chancellor occurred before 1 August 2019. Only three of them were taken afterwards; an application for security for costs, supporting affidavit, and filing related submissions. Those steps amount to 1.8 days. At the post-1 August rate the total for them amounts to $4,302. The balance of the calculation is for those steps taken before 1 August, which come to 4.598 days and...

9. NL v BU Ltd [2021] NZDT 1565 (28 July 2021) [pdf, 176 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determinat...

10. [2021] NZEnvC 086 Auckland Council v Cowlin [pdf, 181 KB]

    ...is likely to attract pests and/or vermin, or to generate an odour, to such an extent that it has, or is likely to have, adverse effects on the amenity values of nearby properties of the nature described in the formal statements attached to the affidavit of Sigurd Bruu dated 31 May 2021 filed in these proceedings. Or, in the alternative: (e) remove all rabbits from the properties, by whatever means necessary; and (f) carry out the work described in order 1(d) above. 2. If the...