Search Results

1. [2017] NZEnvC 107 Li Wu v M S Holderness and Auckland Council [pdf, 2.6 MB]

   ...requests for further clarification of the discovery orders through December and January, necessitating a further teleconference. A conference was held on 20 January 2017, resulting in further directions being made and the requirement for the filing of affidavits as to discovery if necessary. [8] A further conference was necessary, so a teleconference was held on 30 March 2017 with advice to the Court from Ms Wu that they would not agree to mediation. The ~ Court then made directions...

2. Wairau v Wairoa District Council - Kaiwaitau 7C2B (2008) 124 Wairoa MB 105 (124 WR 105) [pdf, 171 KB]

   ...generations is not retention; ... Maori Land Court 1) Given all the submissions above, the Maori Land Court is the most suitable and appropriate forum for Ms Wairau's application to be heard and considered. [5] Mr Tupara also submitted two affidavits to the Court in support of the above submissions which provided further details about the nature of the land where the wastewater plant is to be installed and the alleged effects the wastewater plant may have on the land. Submi...

3. [2018] NZEnvC 098 Panuku Development Auckland Limited [pdf, 215 KB]

   ...persons to have the application referred directly to the Environment Court, as the matter may come before the Environment Court in any event through an appeal of any decisions made by the Council; and (f) Upon the further grounds contained in the affidavit of Matthew William Twose dated 25 June 2018. [3] We have considered earlier decisions of the Environment Court about applications under s 87G RMA. We prefer, and on reflection agree with, the line of authority in the 3 maj...

4. Otago Standards Committee v Kelly [2016] NZLCDT 20 [pdf, 87 KB]

   ...horrified by the wrong assumptions and misapprehensions that are involved in the charges against me. I have a hard- won reputation for straight dealing, and I intend to ensure that reputation is vindicated.” [9] On 1 May 2015 Ms Kelly affirmed in an affidavit, which was presumably in support of an application to allow her to travel outside New Zealand while on bail, that she intended to return to Australia but undertook to the Court to appear for trial on 14 September 2015, in rel...

5. [2015] NZEmpC 226 Sheath v The Selwyn Foundation [pdf, 86 KB]

   ...unchanged, and the employer’s objective was to make changes to the accommodation and remuneration entitlements the employee had? c) That in all the circumstances the Employment Court should determine the matter. d) As appearing in the affidavit of the Ms Pamela Sheath sworn in support of the application. [10] In her affidavit in support of the application, Ms Sheath sets out the background not only to the proceedings already subject to challenge but also to the circumsta...

6. [2017] NZEnvC 113 White v Auckland Council [pdf, 199 KB]

   ...29 June 2017, and received the abatement notices on 7 July. [17] Ms White then goes on at some length to describe the process used, and how effects on the environment and overland flowpath were minimised. She asserts at paragraph [21] of her affidavit that, when the site is taken as a whole, there is very little uncontrolled runoff below the ponds, and/or bare clay surfaces adjacent or beyond. She goes on to discuss particular assertions in relation to the source of silt, including...

7. [2019] NZEmpC 7 Sawyer v The Vice-Chancellor of Victoria University of Wellington [pdf, 336 KB]

   ...referred to the principle of open justice as a reason for her taking that stance. Conclusion [14] The application is granted. Dr Sawyer provided her evidence in chief in the preliminary issue about the validity of the record of settlement by an affidavit sworn (or affirmed by her) on 4 December 2017. Ms Ryder-Lewis’ lawyer may have access to that affidavit and to the transcript of her evidence and cross-examination. [15] It is not necessary to impose either of the condit...

8. [2019] NZEmpC 146 Alkazaz v Asparona Ltd [pdf, 220 KB]

   ...application would be made. [5] It subsequently came to light that Mr Alkazaz was not intending to return to New Zealand as he had previously indicated. Accordingly, the present application was made. [6] The parties have each filed supporting affidavits to the application and opposition respectively. Written submissions have also been filed. I have considered all of the documents filed in dealing with this matter on the papers. Deloittes are now concerned that, with Mr Alka...

9. [2019] NZEmpC 42 McNabb v Silver Fern Farms Ltd [pdf, 253 KB]

   ...besmirching the name of her former partner. 3 Relying on Ports of Auckland Ltd v Angus [2011] NZEmpC 106 at [65] and Salt v Fell, above n 2, at [85]. [12] Silver Fern Farms filed an affidavit from the former plant manager at the Te Aroha plant in support of its application. He gives evidence that he investigated allegations made by Ms McNabb against her former partner and found that they were without foundation. The fo...

10. [2020] NZEnvC 221 Oak Hill Vineyard Limited v Auckland Council [pdf, 566 KB]

    ...company's appeal against four of the conditions of consent. [2] Two conferences were held before an Environment Judge, and the application needed refinement. [3] An amended application was filed and served on 18 December, which was supported by affidavits earlier made by acoustic engineer Mr PA Ibbotson and by Mr A F Grant. [4] At this stage the council appointed senior counsel who filed and served a memorandum on 21 December. [5] On 22 December I conducted a half-day heari...