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  1. [2025] NZLCDT 22 Waikato Bay of Plenty Standards Committee 2 v Wong (14 April 2025) [pdf, 146 KB]

    ...[17] When called upon to answer the allegations, Mr Wong dissembled rather than candidly confessing to obvious wrong he must have known he had done. Once the charge was particularised, he responded within a timely manner, but he did not file an affidavit in relation to the successful application for interim suspension. He has filed one affidavit, less than a week before this hearing. The oblique way he addresses his wrongdoing concerns us. [18] Relevant portions of his affidavit...

  2. Deputy Registrar v Teki-Clark - Tauakira No 2M No 4 (2024) 495 Aotea MB 123 (495 AOT 123) [pdf, 472 KB]

    ...Whare was built on the land for Naima by her first husband, Petaera, for the impending McDonald “Visiting the Chadwick Residence” (1921) Te Papa Archives Collection <https://collections.tepapa.govt.nz/object/28419>. 11 Exhibits To Affidavit Of Panapana Pene (30 May 2024) at 166. 12 Submissions of the Petaera Potaka-Osborne Whānau (30 May 2024) at [4.2]. 495 Aotea MB 129 arrival of their first child.13 The purpose was for a permanent home for a whanau.14 I acce...

  3. [2012] NZEmpC 28 Chen v Banclogix Ltd [pdf, 60 KB]

    ...Employment Relations Authority AND IN THE MATTER OF an application for costs BETWEEN FRANK CHEN Plaintiff AND BANCLOGIX LIMITED Defendant Hearing: by memoranda of submissions received on 21 October 2011 and 14 November 2011 and affidavit dated 23 November 2011 Judgment: 22 February 2012 COSTS JUDGMENT OF JUDGE A D FORD [1] The plaintiff was unsuccessful in his challenge to the determination 1 of the Employment Relations Authority which held that hi...

  4. [2014] NZEmpC 210 Robinson v Pacific Seals Ltd oral judgement [pdf, 62 KB]

    ...been met (either through residency or inability to pay) and, if so, how the Court’s discretion should be exercised. [4] Mr Robinson is resident in New Zealand. It is the second threshold, inability to pay, which the defendant relies on. An affidavit has been filed in support of the application. Mr Wilton, the Managing Director of the defendant company, deposes that Mr Robinson will have incurred substantial legal costs in the proceeding and surmises that he will be unable to m...

  5. Fehling v Ministry of Health (Costs) [2017] NZHRRT 39 [pdf, 95 KB]

    ...defendant. There is no statement 3 or affidavit by Mr Fehling setting out the facts as asserted by him against the Ministry (and on which he could be cross-examined) together with the supporting documentation. By contrast the Ministry filed two affidavits (by Mr PB Knipe and by Ms CC Lyons) and Mr Fehling did not require either of these witnesses to attend the hearing for cross-examination. In the result there was no evidence to challenge the sworn evidence given by the Ministry...

  6. Schedule 1 to The Hon Ian Callinan AC’s Report [pdf, 128 KB]

    ...prerogative of mercy 4. Report by Sir Thomas Thorp on Bain application for the exercise of the Royal prerogative of mercy 5. R v Bain [2004] 1 NZLR 638 (CA) 6. Bain v R (2007) 23 CRNZ 71 (PC) 7. Notification of claim for compensation and affidavit of David Cullen Bain 2009 Retrial 1. Notes of evidence 2. Opening address – Crown 3. Opening address – Defence 4. Opening address – Judge 5. Judge’s summing up 6. Closing address – Crown 7. Closing address – Def...

  7. [2021] NZEmpC 61 Best Health Foods Ltd v Berea [pdf, 207 KB]

    ...public interest in the proceedings; and g) the overall balance of convenience. Analysis Preliminary issue [10] Before considering the factors just outlined, it is appropriate to observe that the Court has not been assisted by the provision of affidavit evidence for BHFL in support of its application. 5 Assured Financial Peace Ltd v Pais [2010] NZEmpC 50 at [5]. [11] BHFL is bringing the application, and if it wishes the Court to consider assertions such as potenti...

  8. [2019] NZEmpC 51 Goleman Wellington Cleaning Ltd v Nicolle [pdf, 330 KB]

    ...seeks to have the determination set aside and an order that Mr Nicolle be penalised for breaching the settlement agreement. The stay [5] Goleman has applied for a stay of execution of the determination. The application was supported by an affidavit of David Fuimaono, who is Goleman’s National Human Resources and Compliance Manager. Mr Fuimaono described in detail the background to the employment relationship problem that led to the settlement agreement. He concentrated on a...

  9. [2019] NZEnvC 024 CSF Trustees v Queenstown Lakes District Council [pdf, 1.1 MB]

    ...variation) whether the submission is "on" the plan changeS [9] But this case raises a direct question as to jurisdiction since on the evidence before me there is no relevant submission to found an appeal. [10] The Council has lodged an affidavit6 from Mr Bayliss, its manager of planning policy setting out his recollection of the discussions held between himself and Mr Francis, the sole director of CSF. The affidavit explains in counsel's summary7 that "while Mr...

  10. [2018] NZEnvC 150 Aquastar Holdings Ltd v Kawerau District Council [pdf, 2 MB]

    ...Council's costs. [4] In reply, the Council submits that the evidence shows that the Council sent two letters to Aquastar, and its officers spoke by telephone with one of the principals of Aquastar, before issuing the abatement notice, as set out in the affidavit of Christopher William Jensen dated 16 August 2017. The Council also submits that, even in addressing the issue of costs, there have been further delays by Aquastar, both in terms of complying with the Court's dire...