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1. [2023] NZREADT 11 - CAC 2103 v Lieven (15 May 2023) [pdf, 263 KB]

   ...whereas the complainant’s emails were polite and considered”. She also submitted that the complainant had endeavoured to meet with Ms Lieven to mediate the issues but received no response from Ms Lieven. [48] Ms Nizam submitted that the affidavit filed by Ms Lieven did not assist her in her defence to the misconduct charges. Ms Lieven stated in her affidavit that: SC’s partner Ms M was hardly a shrinking violet who would feel threatened. He was representing them both when...

2. [2024] NZEnvC 024 Environmental Defence Society Inc v Minister for Environment [pdf, 373 KB]

   ...are whether EDS’s amended declarations two, three and four are within scope of s310 RMA, including whether they amount to a challenge to validity of the NES-PF and are therefore within the Environment Court’s jurisdiction. [9] EDS had filed affidavits in support of the declarations sought from Mark 3 Joint memorandum of parties in response to court Minute dated 7 June 2023, dated 19 June 2023, at [8]. 4 Minute of the Environment Court, dated 3 July 2023, at [6(g)]. 5 Bl...

3. [2013] NZEmpC 56 Hamon v Coromandel Independent Living Trust [pdf, 132 KB]

   ...hearing on 23 July 2012 and was adjourned part-heard to enable the parties to make further submissions on two decisions of this Court. In the meantime, it was agreed between the parties that an order should be made suppressing all references to any affidavits or submissions as to what was actually alleged to have been said at the mediation, until further order of the Court. That order was made under cl 12 of schedule 3 to the Employment Relations Act 2000 (the Act). [3] Follow...

4. Cambie v ACC [2012] NZACA 7 [pdf, 72 KB]

   ...does not affect my consideration of the merits of the appeal, the probability that the Corporation applied the wrong legislation to Bridget’s claim in my view, mitigates in her favour in so far as the overall interests of justice are concerned. Affidavit Evidence [16] Ms Cambie swore an affidavit to explain the relevant history leading up to the filing of the leave application, and Mr Miller, as principal in the law firm representing the appellant, also swore an affidavit at my req...

5. Eppanapally v Zhou [2014] NZIACDT 118 (28 November 2014) [pdf, 229 KB]

   ...3 Background [8] The Registrar filed a Statement of Complaint and the Tribunal issued an interim decision, which identified potential conclusions based on the material then before it. [9] Since that decision, Ms Zhou has filed an affidavit and given oral evidence. The Registrar and Mr Eppanapally did not present any evidence at the oral hearing. [10] The interim decision identified the following factual background and potential findings. Before Ms Zhou started working i...

6. [2016] NZEmpC 151 Carr, Labour Inspector v Sharma [pdf, 204 KB]

   ...made and responded to by the prosecutor. Both counsel have set out matters for the Court to take into account in the sentencing process and in consideration of the application for a discharge without conviction. Mr Sharma has sworn and filed an affidavit in support of his application. An affidavit sworn by an employee involved in this matter has also been filed by the prosecutor. [6] For the purposes of sentencing Mr Sharma, the prosecutor has provided a summary of facts. The...

7. Waudby - Wharepuhunga 16B8 (2004) 107 Waikato MB 163 (107 W 163) [pdf, 5.2 MB]

   ...broader context, being the operations of the Trust as a whole over a period of years during which the trustees were responsible for the Trust. That context was supplied by the careful and detailed analyses contained in the evidence by way of Affidavit given by the expert witnesses for the trustees and the beneficial owners. The Court is also indebted to both Counsel for the thorough and comprehensive submissions which have resulted in an in-depth review of the Trust. Throughout...

8. LCRO 233/2014 IB v KZ (27 June 2018) [pdf, 204 KB]

   ...(significantly reduced from the number initially relied on) had not been breached; and 5 (l) KZ’s characterisation of the word “destroy” carried inferences that were embellished and exaggerated. [17] In response, Mr JM for KZ submits that: (a) affidavit evidence provided in support of Mr IB lacked value or relevance and in any event should not be admitted; (b) the context in which the offending comment was made (a trial impending) was significant, as the trial had pote...

9. IHC New Zealand v Attorney-General (Strike-Out Application) [2020] NZHRRT 47 [pdf, 248 KB]

   ...this reason, a copy of this letter has been forwarded to Martha Coleman, Crown Counsel, at the Crown Law Office. We look forward to discussing with you how this complaint might be progressed. Yours sincerely [Italics in original] [15] In an affidavit sworn on 19 February 2015 Ms Trish Grant, Director of Advocacy, IHC deposed that it is her belief the government has for some time been on notice of the claims as set out in the second amended statement of claim and exhibited a large n...

10. [2021] NZEmpC 208 ABC v DEF [pdf, 315 KB]

    ...[6] ABC then brought a de novo challenge to the notice of direction dated 3 September 2021, seeking urgency. She also sought a stay of the direction from the Court, which was granted by consent. A prompt hearing was arranged. ABC filed an affidavit, as did a partner of DEF. Neither deponent was required for cross- examination. The hearing accordingly proceeded on the basis of submissions only. Overview of the parties’ cases [7] ABC submitted that the notice of dire...