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1. [2024] NZEmpC 136 Stellar Elements New Zealand Limited v Amesbury [pdf, 329 KB]

   ...until the resolution of Stellar’s challenge. [13] The case was also set down for an urgent hearing. In the circumstances, a pragmatic approach was taken to the filing of evidence. A bundle of documents was to be filed which contained all the affidavits and documents which had been before the Authority. A timetable was established for the filing of additional evidence. In addition, both sides were to file submissions in advance. [14] Because the challenge before me requires a...

2. [2011] NZEmpC 128 McKean v Ports of Auckland Ltd [pdf, 130 KB]

   ...would serve admirably. A steady selection process until we’d hit critical mass and then the assimilation. It would be important to have a Pacifica manager in a position of influence for harmonisation and the ability to collect where necessary affidavits to collar the odd malcontent. Introduce company sports teams that pitch to the interest of the worker demographic and have an attractive and intelligent female organiser and preferably make her a blonde. We would the [sic] need a...

3. [2011] NZEmpC 28 Zhang v Sam’s Fukuyama Food Service Ltd [pdf, 149 KB]

   ...Sarah [Quian] Gao. In his application for leave, Mr Kurta frankly acknowledged that he had inadvertently overlooked following the matter up with Ms Gao when she subsequently gave her evidence. The so-called “new evidence” took the form of an affidavit from Ms Gao deposing that they did not have a spare driver’s position because the company was in the process of changing most of its drivers to contractors and when that process was finally completed they were likely to have 10...

4. Pirika v Mita - The Estate of Nepia Enoka Mita [2014] Chief Judge's MB 685 (2014 CJ 685) [pdf, 373 KB]

   ...his application is now being prosecuted by his two brothers, Boydie Pirika and Paraone Pirika. The applicants claim they have been adversely affected by the orders complained of because of an error in the evidence presented to the Court. The affidavit of Te Hei Pirika dated 16 August 2007 filed in support of the application sets out his grounds for the application: (a) That the statement made by Maureen Elizabeth Mita (the deceased’s wife) at the hearing of 28 January 1988 at 83...

5. White v White - Mourea Papakainga 3E 14D1 Block (2011) 2011 Chief Judge's MB 280 (2011 CJ 280) [pdf, 122 KB]

   ...According to him, Martha suffered from senile dementia from about July 1998 until her death on 15 August 2002 and from April 2001 onward “she was definitely not of sound mind to understand the implications of a will etc.” [14] Taru also filed affidavits from members of the family supporting Dr Brons’ conclusion and also pointing to the understanding within the whanau that the land was to be left to Taru and that there was disagreement within the whanau in relation to the lan...

6. Clearwater Cove Apartments Body Corporate 170989 v Auckland Council [2012] NZWHT Auckland 35 [pdf, 158 KB]

   ...and Mr Ivil having entered into the joint venture agreement in May 2008 which was prepared by the claimant’s solicitor, Corban Revell. [56] Discovery issues were ongoing and on 13 October 2010 we ordered Mr Ivil to file a supplementary affidavit by Friday 29 October 2010 disclosing: All documents including any proposed remediation works, scope of works, concept plans, designs, quotations, reports, correspondence relating to the repair or remediation or redevelopment...

7. Harvey v Accident Compensation Corporation [2015] NZACA 7 [pdf, 253 KB]

   ...given a transcript of their evidence. Both Mr Darke and Ms McLaughlin referred me to various passages which I have considered. It is also helpfully summarised in the reviewer’s decision. [14] I record having also read Mr Thomas Harvey’s affidavit of 9 December 2012 presented to the reviewer. It provides insight into the assistance he required with mundane physical tasks, from his perspective, the help provided by his mother (to this day) and consequent frustrations as he...

8. Cabinet paper - Tyson Gregory Redman application for compensation for wrongful conviction and imprisonment: next steps [pdf, 4.4 MB]

   ...present at the second incident and that a substantial miscarriage of justice had occurred. To that end, he submitted that the verdicts were unsafe in light of the evidence from eight potential witnesses (seven of whom had been co-accused) who provided affidavits sworn after the appeal. The deponents were not called to give evidence during the trial or appeal. 18. After an extensive review, the Ministry was satisfied that the affidavits were sufficiently cogent to warrant consideration b...

9. Auckland Standards Committee 2 v Brill [2022] NZLCDT 3 (21 January 2022) [pdf, 557 KB]

   ...lawyer by control (including a trusteeship, directorship, or the holding of a power of attorney) or ownership (including a shareholding), or between parties with whom the lawyer or client has a close personal relationship. [64] Mr Brill states in affidavits and submissions that there is no evidence that he compromised the co-party’s interests. He asserts that the interests of himself and his 15 wife were “wholly intertwined”. He went on to say that the interests of the ow...

10. [2023] NZEnvC 262 Puketotara Lodge Ltd v Bluegum Gospel Hall Trust [pdf, 231 KB]

    ...Court expressed its displeasure with the parties for filing additional evidence without prior leave to do so. [33] Leave was then sought by the Respondent to file supplementary reply evidence in relation to the 15 September 2023 Applicant’s affidavits and this evidence was filed on 27 September 2023, two days prior to the scheduled hearing. [34] Considerable additional evidence was adduced at the hearing, particularly from Ms Rhynd for the Applicant and Mr Kumar for the Respon...