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1. 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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2. 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...

3. [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...

4. [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...

5. 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...

6. 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...

7. Te Wani v Peters - Te Puru No 5 (2016) 119 Waikato Maniapoto MB 275 (119 WMN 275) [pdf, 175 KB]

   ...upon Mr Peters for the payment of rent and rates and that he was in arrears. 3 [3] At the date of the reserved decision I expressed reservations about the accuracy of the quantum evidence. 4 Thus I directed the applicants to file and serve an affidavit by 4.00pm, Friday 29 January 2016 outlining what they considered to be the amount owing to them. I also directed counsel for Mr Peters to file a memorandum no later than 4.00pm, Friday 12 February 2016 indicating whether the fig...

8. SV v WT LCRO 21/2013 (26 August 2014) [pdf, 110 KB]

   ...acting as Mr GN’s instructing solicitor, and asked him to sign it. He accepts it is his signature on the invoice. 2 [4] When he responded to Mr SV’s complaint about the invoice, Mr WT provided NZLS with an email referring to an affidavit he had sworn on 29 May 2005 (the affidavit). On review Mr SV provided a copy of the affidavit, which confirmed that Mr WT was Mr GN’s instructing solicitor on instructions from Mr SV. Mr WT later sought to resile from that posi...

9. [2010] NZEmpC 135 Pacific Palms International Resort & Golf Club Ltd v Smith [pdf, 44 KB]

   ...2009 which I granted to 24 February by a minute dated 23 January. A request for a further extension made by the plaintiff company on 24 February was opposed. In my judgment of 5 March 2009,3 I granted the extension, largely on the basis of the affidavit evidence from Mr Cribb deposing that large sums of money would soon be available to the plaintiff company. I also vacated the fixture. I increased the amount of payment into Court to $250,000 to include an allowance for security...

10. 2022-02-11 ORC - MOC - in support of the provisions as agreed at mediation [pdf, 247 KB]

    ...Environment Court must:1 (a) apply clause 10(1) to (3) of Schedule 1 as if it were a local authority; (b) may exercise the powers under section 293; and (c) must apply sections 66 to 70, 77A, and 77D as if it were a regional council. 14 The Affidavit of Ms Dolina Lee dated 11 February 2022 includes a summary of the changes introduced by Chapter 7 of PC1 and a summary of submissions,2 and a table of recommended decisions on submissions3 to assist the Court in making a decisi...