Search Results

1. [2022] NZEmpC 39 Malcolm v The Chief Executive of the Department of Corrections [pdf, 332 KB]

   ...religious and ethical beliefs, and whether his rights and freedoms were being breached because he was being “threatened by the tyranny of the majority against the minority”.19 18 For example [49], [71], [79] and [80]. 19 In Mr Malcolm’s affidavit, to which I refer below, he says his concern relates to ethical beliefs, not religious beliefs. [30] Corrections had either refused, failed, or omitted to offer Mr Malcolm the same terms of employment or conditions of wo...

2. Nelson Standards Committee v Downing and Reith [2022] NZLCDT 7 (17 February 2022) [pdf, 241 KB]

   ...Ms L’s Family Protection Claim was filed in July 2018 and by the time Mr Reith met his client in December, a further five invoices had been rendered for almost $19,000. [18] Ms L met with Mr Downing on 10 and 11 December 2018 to review her affidavit and reply to that of her sister’s, in the family proceedings matter. Ms L points out that this affidavit included detailed information about her financial circumstances which were that she had a very limited income (approximately...

3. [2024] NZEnvC 148 Marlborough District Council v Gifford [pdf, 352 KB]

   ...Transfer Act 2017 as a charge on any land in respect of which an enforcement order is made. (4) Failure to comply with an enforcement order is an offence under section 8 Marlborough District Council v Gifford [2021] NZEnvC 161, Determination C 9 Affidavits from: Paul Edward Walker, Technical Director (Contaminated Land) at T+T; Peter William Davidson, Groundwater Scientist at the Council; Glen Cameron McMurdo, Compliance Manager for the Council; Peter Francis Callandar, Technical Direc...

4. [2025] NZEmpC 10  DQJ v The Commissioner of Inland Revenue [pdf, 267 KB]

   ...be heard promptly, and timetabling orders were made by agreement to schedule it for hearing on 23 January 2025. The challenge was pursued by way of de novo hearing and, as is usual in a case such as this, it proceeded on the basis of untested affidavit evidence and submissions. [3] This judgment is confined to the issue of whether the plaintiff ought to be reinstated on an interim basis. It does not decide whether they were unjustifiably dismissed (or unjustifiably disadvantaged...

5. [2007] NZEmpC CC 23/07 Coy v Commissioner of Police [pdf, 46 KB]

   ...parts of the claim, Ms Coy herself applied for leave to extend the statutory 90- day period for the raising of her grievance or grievances to the extent that the Court might conclude that these or some of them were out of time. Ms Coy relied on two affidavits (hers and her husband’s) to both oppose the Commissioner’s application to strike out parts of her claim and also in support of this application to extend the time for raising grievances. Mr Fairclough made submissions in sup...

6. [2011] NZEmpC 51 Health and Body Clinic Ltd Ors v Zhao [pdf, 118 KB]

   ...documents relating to the sale including the financial documents. For instance the settlement statement showing the consideration for the sale should be provided. 13. The alternative is that Mr Arnesen provides this information by way of an affidavit annexing the accounts and documents as specified. 14. While I indicated that I was prepared to decide this matter on the basis of Mr Arnesen’s submissions, having read and considered the determinations of the Authority it ap...

7. [2015] NZEmpC 177 Southall v Tuau [pdf, 118 KB]

   ...statement of defence was filed or served for Mr Tuau. The Court accordingly directed that Mr Southall was entitled to a hearing of his challenge, it being proposed that this be dealt with on the papers by the filing and service of submissions and an affidavit in support which duly occurred. [9] Subsequently, an opportunity was offered to Mr Tuau’s counsel to file and serve submissions according to a strict timetable; that opportunity was not taken. Evidence [10] Mr South...

8. O v J [2016] NZIACDT 17 (30 March 2016) [pdf, 145 KB]

   ...the Registrar considered to have potential support. The responses [8] The complainant filed a statement of reply, and generally agreed with the contents of the Statement of Complaint. He emphasised the gravity of the complaint. [9] Mr J filed an affidavit answering the complaint. The key point Mr J made is that he contends the complainant fabricated the complaint, and used deception to procure a decision of the Disputes Tribunal. Mr J said: [9.1] The complainant was never his client,...

9. Singh v Kumar [2016] NZIACDT 18 (04 April 2016) [pdf, 103 KB]

   ...with the contents of the Statement of Complaint. He raised a concern regarding the security of documents, however it did not appear to add to the grounds of complaint or have foundation for any additional ground of complaint. [8] Mr Kumar filed an affidavit answering the complaint. Mr Kumar accepted he had made some errors, but said key factual elements of the complaint were to his knowledge untrue. While he accepted minor deficiencies in his professional service delivery, he rejected th...

10. Morrison v Maxwell JR - Arataua 5A (2012) 61 Waiariki MB 3 (61 WAR 3) [pdf, 129 KB]

    ...six branches of the family needs to be stated: (a) Trevor and his co-trustees assert that they hold the land clear of any legal or equitable encumbrances; (b) Howard is deceased but his position and that of his family is made clear through an affidavit of his daughter Donna. His instructions to his daughter were that this matter had been sorted out years ago and should be left alone; (c) Judith’s position, made clear by a letter, is that Adelaide’s family hold the land free a...