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1. LCRO 130/2018 UH v OB (12 February 2020) [pdf, 165 KB]

   ...approached on the grounds of the Respondent’s limited financial means, and ability to pay. This was a relevant and appropriate matter to raise, but that could have been raised in conjunction with a challenge to the content of the NA complainant’s affidavit and claim for compensation. The two were not mutually exclusive. 62. Given the apparent errors in the calculation of compensation evident in Judge [XX]’s assessment of in the appeal, I am bound to conclude that this was a legi...

2. [2024] NZEnvC 056 Hastings District Council [pdf, 222 KB]

   ...made an ex parte application under s 86D of the RMA for orders that specified rules in Plan Change 6 (PC6) to the Hastings District Plan (Partly Operative) (HDP) have legal effect from the date of this decision. [2] The application is supported by affidavits of: (a) Angus Bruce Charteris, Manager – Recovery and Special Projects, Hastings District Council; and (b) Rowan Regis Wallis, Environmental Policy Manager, Hastings District Council. Background to PC6 [3] PC6 is a direc...

3. [2025] NZEmpC 94 A Labour Inspector of the Ministry of Business, Innovation and Employment v Elements Therapeutic Massage Limited and other(s) [pdf, 192 KB]

   ...promptly to file her application once the employer filed their notice of discontinuance.8 [15] Accordingly, while I accept that the delay was lengthy, I do not consider that it is necessarily determinative. The reasons for the delay [16] In an affidavit filed in these proceedings, the Labour Inspector stated a challenge was not filed to the first determination in time because she was not sure what the Authority had awarded and had considerable doubts as to how ss 142Y and 142W...

4. Wellington Standards Committee 1 v McCardle [2025] NZLCDT 3 (10 January 2025) [pdf, 624 KB]

   ...substance from the $130,000 that inevitably took money from the other five charities – unless Mr S accepted it should come out of his own portion. [20] Neither Mr S nor Mr McCardle paid any regard to the other five charity beneficiaries in their affidavit evidence. The plight of the overlooked beneficiaries was raised by the Deputy Chair with Mr Moon at the beginning of the hearing. Both witnesses subsequently added glosses to their evidence, much of it unconvincing. We find...

5. Auckland Standards Committee 1 v Kwon [2024] NZLCDT 44 (11 December 2024) [pdf, 199 KB]

   ...protected by lawyer client privilege; 2. you have failed to demonstrate whether your request was based on my client’s waiver of her privilege or any legal provisions. [16] Following the laying of the charge before the Tribunal, Mr Kwon filed an affidavit which attached some but not all of the documents required under the s 147 Notice. [17] Although Mr Kwon had been invited to consider obtaining legal representation he declined to do so. At the hearing, he stated that the only...

6. Auckland Standards Committee v Sorensen [2012] NZLCDT 23 [pdf, 140 KB]

   ...now earns significantly more in his church role than he did in his legal practice, so there is no discount to be attached to the fact he has been struck off. [40] In respect of compensation to the disenfranchised legatees, Mr Sorensen filed affidavits swearing to arrangements he had made regarding compensatory payments to legatees. [41] In his affidavit of 26 July 2012 filed with the Tribunal, Mr Sorensen swore the detail of arrangements made for him to compensate some of t...

7. [2020] NZEnvC 166 Lindis Catchment Group Incorporated v Otago Regional Council.pdf [pdf, 11 MB]

   ...[2] LCG has responded2 to the court's findings in that decision. It does not raise any objection to the lawfulness of the proposed conditions. [3] The Director-General of Conservation ("DOC") filed a response to that decision and an affidavit of Mr D C Jack affirmed 3 September 2020. DOC's interests are primarily in the tributary takes from the Tim Burn and Cluden Stream (permits .05B and .06B) and the augmented flows from Coal Creek (permits .21 and .22) as these pr...

8. [2007] NZEmpC CC 7/07 Rooney Earthmoving Ltd v McTague and anor [pdf, 85 KB]

   ...by the respondents, I consider it to be a factor in the mix when a prospective client is considering approaching an organisation for work to be completed. It is by no means a factor in all decisions, but it was evident from those who had supplied affidavits to the Authority for this hearing that in the mind of some, it weighed considerably. (p12) [41] Then, having found breaches by Messrs Bartlett and Whiting, the Authority simply concluded: [73] In respect of Mr Whiting’s breach,...

9. [2011] NZEmpC 148 Service and Food Workers Union PSA v Pact Group [pdf, 119 KB]

   ...members of the first and second plaintiff unions without the 14 days notice required by s 91 of the Act. The parties subsequently agreed that the substantive hearing of the matter should be conducted on the papers with evidence in the form of affidavits and submissions by memoranda. Legislation and Issues [3] Strikes and lockouts are governed by Part 8 of the Act. Broadly speaking, such industrial action is lawful where it relates to collective bargaining in which the parties ar...

10. TG v NP LCRO 190 / 2011 (1 February 2013) [pdf, 139 KB]

    ...credibility and force her into settling at the figure offered by him. 5) NP’s poor preparation and presentation at the settlement conference as well as a general lack of attention to the file, which included a failure to obtain supporting affidavits. 6) Poor accounting practices, failing to provide receipts and to credit payments made. 7) Misappropriation of money held in the trust account of CCC, NP’s instructing solicitors. 8) Failing to provide the appropriate client...