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1. Canterbury Westland Standards Committee v Eichelbaum [2015] NZLCDT 8 [pdf, 55 KB]

   ...including that Mr Eichelbaum had been warned to desist in his behaviour and had responded with threats. We regard this as being part of the conduct itself rather than an aggravating feature. She also pointed to his continuing to file inflammatory affidavits using intemperate language. Again we considered 6 there would be the risk of double counting were this to be regarded as an aggravating feature. [20] Finally, Ms Davenport points to the response the practitioner made...

2. Landon v Auckland Council [2012] NZWHT Auckland 12 [pdf, 78 KB]

   ...[7] The Lechtchinskis submit that the claim that they were developers or head contractors was never tenable and that neither the claimants nor the Council adduced any evidence in support of their allegations. Further they submit that their affidavit evidence adduced in support of their removal application remains unchallenged. [8] The claimants, the Council and Mr Middleton oppose costs on the basis that there was a tenable claim against the Lectchinskis which was why t...

3. Fisher v Fisher - Mura Rattenbury [2013] Chief Judge's MB 272 (2013 CJ 272) [pdf, 395 KB]

   ...gift. Copy of minute to Applicant and interested patties. Identification of evidence that may be of assistance in remedying the mistake or omission 6. The Applicant has provided the following documents in SUppOlt of her application: a. An affidavit dated 10 December 2008 declaring that: a. The Applicant has been contactable at all times and that her mother and brother, Neville Fisher, knew of her address and telephone number; b. At no time did her mother or brother advise her o...

4. Beach - Poike 11 (2006) 84 Tauranga MB 2 (84 T 2) [pdf, 523 KB]

   ...witnesses to the Will would need to come to Court). You are also required to provide evidence that the house is not affixed to the land. You are required to produce witnesses at the October 2005 hearing and are also required to serve any evidence and affidavits on Mr Walker. with copies to the Court. by Friday 26 August 2005. Mr Peter Walker is required to file any evidence and affidavits. in reply. with copies to the Court by Friday 16th of September 2005. The only response by Julie B...

5. [2018] NZEnvC 210 Port of Tauranga Limited v Bay of Plenty Regional Council [pdf, 365 KB]

   ...to the Council for resource consent under Rule CD 6 and the adverse environmental effects of such discharges were assessed as no more than minor for the purposes of s 95 RMA by the Council's independent commissioner 11. The Port filed an affidavit of Joseph William McKenzie, sworn on 6 September 2018, in support of its application for stay. Mr McKenzie is the environmental manager employed by the Port. He also stated that he was giving his evidence in a manner complying with...

6. [2021] NZEnvC 070 Seafort Holdings Limited v Far North District Council [pdf, 1.3 MB]

   ...357C(4)(b)) and dismiss, uphold in part, or remit the whole or part of that charge under s 357D(l). [5] The Court made directions for the exchange of evidence and indicated it would consider the matter on the papers. It has now received submissions and affidavit evidence from both parties and is able to reach dear conclusions on the issues in this case: What does the appeal relate to? [6] It is now dear for this Court that this appeal relates to additional charges made by the Co...

7. [2020] NZEnvC 016 Caradoc-Davies v Clearwater [pdf, 4.2 MB]

   ...Robert Clearwater and others, including Steve Clearwater Contracting Limited to carry out no excavation or blasting south of the black line labelled 45 m contour (M Moore plan October 2006) on the attached plan, entitled exhibit RL 1 annexed to the affidavit of R J Lusher sworn on 9 October 2018 until further order of the Court. [2] The reporting memorandum indicated that the respondents were seeking a temporary suspension of that order in order to commence some consented earthwor...

8. 2021-11-17 ORC - Closing Legal Submissions - PC8 - primary sector hearing [pdf, 153 KB]

   ...made to Policy 7.D.7 (as at the time of consulting the parties a transcript was not available). Rather than repeat that explanation in this memorandum, the Council thought an efficient way forward would be to have the evidence given by way of affidavit evidence. Accordingly, Ms Boyd has produced an affidavit explaining in further detail the changes to the Policy 7.D.7. 6 It is recognised that many of these matters were already addressed by Ms Boyd when she gave her evidence on...

9. [2021] NZEmpC 125 McKinlay v Wellington Cosmetic Clinic Ltd [pdf, 233 KB]

   ...Authority had erred in fact or in law in making orders of non-publication of names; and (b) whether this Court should make a permanent order of non-publication of names in the proceedings which came before the Court. [9] The parties agreed that affidavit evidence would be filed for the purposes of the two matters the Court had to resolve, along with other relevant documents. The Authority’s determination as to non-publication [10] Mr McKenzie-Bridle, counsel for Ms McKinlay, out...

10. [2022] NZEmpC 122 Reunited Employees Assoc Inc v Nelmac Ltd [pdf, 223 KB]

    ...Court considers appropriate. [21] The application contains one ground: there is reason to believe that REA will be unable to pay Nelmac’s costs if it is unsuccessful. 20 At [109]–[111]. [22] The application was supported by an affidavit from a Personal Assistant employment by Nelmac’s lawyers. The evidence was confined to producing REA’s financial statement for the year ending 31 March 2021, information from its 2020 Annual Report, and copies of the law fi...