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1. [2017] NZEmpC 46 Davidson v Great Barrier Airlines Ltd [pdf, 104 KB]

   ...affects her. [3] In addition to the substantive proceedings, Ms Davidson applied to the Court for an interlocutory order staying execution of the costs award against her. Following directions from the Court, Ms Davidson subsequently filed an affidavit in support of her application and at a directions conference on 7 March 2017, it was agreed that the application could be dealt with on the papers. The defendant, by that stage, had filed a notice of opposition to Ms Davidson’s a...

2. [2024] NZEnvC 033 Yzendoorn v Hamilton City Council [pdf, 663 KB]

   ...ss 322(1)(a)(i) and (ii), and 322(1)(b)(i) RMA requiring the landowner to cease outdoor storage of the shipping container on the site and to remove it from the property by 22 September 2023. A notice of appeal against the abatement notice 1 Affidavit of David Martyn Yzendoorn, 27 September 2023, at [16]. 2 Parties and witnesses all had different ways of describing the shipping container: art installation or outdoor storage of a shipping container or modified shipping container. 3...

3. [2011] NZEmpC 57 Wade v Hume Pack-N-Cool Ltd [pdf, 113 KB]

   ...A”) filed a purported notice of discontinuance on 6 August 2008. This application has been opposed by the respondent. The parties agreed to have the matter determined on the basis of the papers filed in Court. These include submissions and affidavits. Factual background [2] From this material the following facts emerge. The applicant challenged the Authority’s determination on 8 November 2007 and elected to have a hearing de

4. LCRO 104/2020 LN v RT (30 September 2020) [pdf, 127 KB]

   ...instructed Ms RT to act for her in relation to a dispute over whether Mrs LN could take their children overseas. On behalf of her client, Ms RT applied for orders without notice to Mr LN. In doing so, Ms RT assisted Mrs LN in preparing and filing her affidavit evidence. Ms RT also signed the standard form certificate dated 18 June 2019 in which she provided certain assurances to the Court (the certificate). The certificate said: 2 I certify that: 1. I have advised the app...

5. Defending a proceeding in the District Court

   ...stating the orders that are sought, the grounds on which the orders are sought, and the law or laws that the applicant is relying on. The document should also tell you when the hearing will happen. In most cases you will receive a copy of the applicant’s affidavit supporting the application. Documents To defend an originating application you need to file the following documents: Notice of opposition Affidavit in support of the notice of opposition (unless the court directs that evidence will...

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6. Auckland Standards Committee 1 v Hart [2011] NZLCDT 36 [pdf, 122 KB]

   ...December 2011 APPEARANCES Mr P Collins and Mr M Treleaven for the Applicant Mr G King and Mr A Trenwith for the Practitioner 2 DECISION ON INTERLOCUTORY APPLICATIONS TO STRIKE OUT CHARGES 1, 2 AND 3 AND TO EXCISE PORTIONS OF AFFIDAVITS FILED [1] In February 2011 counsel for the practitioner made an application that Charges 1, 2 and 3 be stayed or struck out. At the same time an application for interim name suppression was made. The interim name suppress...

7. [2020] NZEnvC 212 Dunedin City Council v Ross [pdf, 15 MB]

   ...Bathgate, a staff policy planner; Mr R A Ewans, a biodiversity advisor at the Council ; Mr P G Woods, an enforcement officer on its staff; and Ms H E Dempster employed by it as a Senior Planner/Monitoring and Compliance. Ms Dempster also made a reply affidavit and Mr Ewans made two. [15) Ms Dempster's primary affidavit exhibited a report by Dr S Rate, a principal ecologist at Wildland Consultants Limited, who was not called to give evidence. The latter feature attracted strong...

8. [2022] NZEnvC 069 Otago Regional Council [pdf, 356 KB]

   ...Council [2021] NZEnvC 185 deals with the PC1 topic of the use of dust suppressants, and particularly, waste oil in Chapter 6.1 The court’s decision followed the lodgement of amended provisions agreed by the parties who attended mediation and an affidavit in support of Dolina Lily Lee, a senior analyst freshwater and land at the Regional Council.2 After a hearing on the papers, the court approved, pursuant to s149U(6) and cl10(1) to (3) of Schedule 1 of the Resource Management Ac...

9. 2022-04-29 ORC PC1 - [2022] NZEnvC 69 - Scope Decision on Landfills [pdf, 335 KB]

   ...Council [2021] NZEnvC 185 deals with the PC1 topic of the use of dust suppressants, and particularly, waste oil in Chapter 6.1 The court’s decision followed the lodgement of amended provisions agreed by the parties who attended mediation and an affidavit in support of Dolina Lily Lee, a senior analyst freshwater and land at the Regional Council.2 After a hearing on the papers, the court approved, pursuant to s149U(6) and cl10(1) to (3) of Schedule 1 of the Resource Management Ac...

10. George Lancaster v The Real Estate Agents Authority (CAC 491), John Lantz & Stephanie Kelland [2017] NZREADT 77 [pdf, 209 KB]

    ...already been supplied to the CAC, REAA, READT is investigated in the proper method. 11. That witnesses be called for cross examination and to bring any relevant documents within their control. 12. That the Respondents file [their] replies in sworn affidavit form, and to reply to each and every point of the Applicants complaint, for completeness, and for the purposes of examination. Applicable principles [16] Pursuant to s 111(3) of the Act, an appeal against a Complaints Assessm...