Search Results

1. [2020] NZEmpC 62 Gibson-Smith v Ministry of Business, Innovation and Employment [pdf, 388 KB]

   ...which he had no knowledge at the substantive hearing. It meant there was no longer a technological or practical impediment to him continuing to service tenancy, and not bond, calls as had always been the case. [74] Ms Thompson filed two affidavits. In the first, she emphasised that MBIE and its stakeholders’ aims had not changed. Due to the overlap and similarities between tenancy and bond queries, and the inefficiencies resulting from calls being transferred, it had...

2. [2021] NZREADT 27 Harvey v Lowe (10 June 2021) [pdf, 388 KB]

   ...building on No 26. They sought a permanent injunction restraining the Lowes from further building on No 26 and ordering dismantling of any building work that had already occurred over a certain height or, in the alternative, damages. [10] An affidavit sworn by Mr Harvey was filed in support of the Crowes’ proceeding. He said that the Lowes had told him that they would not build a structure on No 26 that negatively impacted on No 28, and that he passed this on to the Crowes. H...

3. Taipari v Hauraki Maori Trust Board (2008) 114 Hauriki MB 34 (114 H 34) [pdf, 1.6 MB]

   ...compressed into two weeks in DAVID TAl PARI, WILLIAM PETERS, PARI TUPUHlAND JOHNTAMIHERE V HAURAK~ TRUST BOARD MLC A20070008668 [30 April 2008] 114 Hauraki MB 34-75 114 Hauraki MB 37 order that the hearing could take place as soon as possible. Affidavits were filed and it was agreed that deponents would not be cross-examined so that hearing time was devoted to the legal submissions of the parties. Counsel for the elected reps produced a statement of issues in order to focus the h...

4. LCRO 182/2017 TP v ZN (14 September 2020) [pdf, 414 KB]

   ...did so and, amongst other things, said in the memorandum that Mrs ZN was wrong to believe that the proceedings had not been settled. [32] Subsequently Mr TP filed an application seeking to be removed as counsel acting for Mrs ZN. He swore an affidavit in support of that application, to which he annexed the memorandum. The court granted Mr TP leave to withdraw as Mrs ZN’s counsel. Proceedings between the parties [33] Towards the end of 2016, [Firm B] issued proceedings against...

5. [2015] NZEmpC 127 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 333 KB]

   ...defendant’s witnesses “will refuse to answer questions in cross-examination on the basis of an incorrect interpretation of litigation privilege.” [7] The defendant’s notice of opposition to these orders, filed on 17 July 2015, is accompanied by an affidavit of Marie Park, sworn on the same date. Ms Park’s is the only evidence before the Court. Her affidavit describes in appropriate detail the nature of the documents for which privilege and irrelevance are claimed. The d...

6. Te Amo v Nicholas - Te Whaiti Nui A Toi Block (2020) 233 Waiariki MB 92 (233 WAR 93) [pdf, 387 KB]

   ...on the respondents and set the matter down for hearing. The applicants then requested the Court consider an interim injunction pending the substantive hearing. Further directions were issued on 25 February 2019 for the applicants to file an affidavit, as required by the Māori Land Court Rules 2011. The affidavit was filed by the applicants on 27 February 2019 and an interim injunction issued that same day prohibiting Phyllis and Andre Nicholas from dealing with, trespassing upon...

7. [2022] NZEnvC 105 Meridian Energy Limited v Mackenzie District Council [pdf, 735 KB]

   ...Incorporated (‘Forest and Bird’) and Environmental Defence Society Inc (‘EDS’) each submits that the Hearing Panel’s inclusion of the Disputed Provisions was within scope, arising from submissions and evidence before it.9 Evidence [12] Affidavit evidence was filed as follows: Meridian witnesses Catherine Bryant, Meridian Environmental Manager, dated 10 December 2021 Susan Ruston, resource management and planning expert, two affidavits – dated 10 December 20...

8. [2009] NZEmpC AC 2/09 Lewis v Howick College Board of Trustees [pdf, 25 KB]

   ...witnesses and a direction that the plaintiff desist from further contact with any student, employee, or board member of Howick College in relation to this challenge, except in terms of the Court’s direction. [7] The directions were supported by an affidavit from Mr Dimery, the Principal of Howick College, setting out examples of communications which Mr Lewis had either circulated to all staff or sent to individual staff members and to the Board Chair of St Kentigan College. The...

9. [2009] NZEmpC CC 2/09 South Pacific Meats Ltd v NZ Meat Workers and related Trades Union Inc and others [pdf, 22 KB]

   ...an interlocutory application, the plaintiff has also sought interim relief of a similar nature. It is that application for interim relief which came before me on 10 March 2009. [6] The application for interim relief was accompanied by affidavits sworn by the operations manager and the Malvern plant manager of the plaintiff. Mr Malone also provided a detailed memorandum which included legal submissions. [7] The application was made ex parte but copies of all documents fil...

10. Hoete v Faulkner Motiti North C No 1 Block (2017) 140 Waikato Maniapoto MB 1 (140 WMN 1) [pdf, 173 KB]

    ...the stay. On 13 April 2017, their counsel filed a notice of opposition and memorandum in support of opposition for the stay. [4] On 24 April 2017, counsel for Liza Faulkner filed a further memorandum in support of the application for stay. An affidavit by Liza Faulkner dated 26 April 2017 was subsequently filed setting out and responding to certain issues raised in the memorandum of counsel by Graham and Aubrey Hoete. [5] Both counsel have agreed that I determine this stay appli...