Search Results

1. [2017] NZEnvC 188 Vipassana Foundation Charitable Trust v OBrien Pichler [pdf, 487 KB]

   ...the Act requiring the first, second and third respondents to cease all earthworks at the site relating or incidental to a shooting range. The order sought is to continue until further order of the Court. [6] The application is supported by four affidavits: one from Lesley Rowntree (a member of the Society) sworn on 7 November 2017, two from Kirsty Frances McKay (a trustee of the Trust) affirmed on 7 November and 14 November 2017 and one from Burnette Anne O'Connor (a consultant...

2. [2017] NZEmpC 116 Nathan v Broadspectrum [pdf, 310 KB]

   ...a fine pursuant to s 140(6)(d) of the Act of $25,000. There is also an application for the fine, or part of it, to be paid to Mr Nathan pursuant to s 140(7) of the Act and for indemnity costs to be awarded. [12] Mr Nathan provided evidence by affidavit to support his claim of an on-going breach. His evidence was that after reading the judgment of 28 July 2017, he presented himself to work on the following Monday, 31 July 2017, at 6 am. He was told there were no duties for him to pe...

3. MacDonald v MacDonald - Wairau Block XII Section 6C 2C (2021) 69 Te Waipounamu MB 251 (69 TWP 251) [pdf, 256 KB]

   ...interim injunction to stop Brigham from occupying the back one third of Wairau Block XII Section 6C 2C and for an order that Phillip may have exclusive use and possession of that area. Brigham is the respondent in this matter. Both parties filed affidavits in May 2019. [12] The order for an injunction was granted on 30 May 2019 by agreement. It provided neither Phillip nor Brigham, nor any person claiming authority through them, shall occupy the northern one third pending further or...

4. LT v SH [2019] NZIACDT 57 (7 August 2019) [pdf, 174 KB]

   ...with agents like Mr V, so that she did not inadvertently provide cover for an unlicensed person. She was also prepared to refund the complainant’s fees and would do so irrespective of the outcome of the complaint. [27] Counsel provided an affidavit from [the adviser], sworn on 2 November 2017, explaining that she had first received a telephone call from Mr V, an education agent, on 13 August 2015. She then received some documents from him, so replied on 19 August 2015 advising...

5. Black v Nohotima - Ruatoki A Section 22B No 2C No 3 (2019) 228 Waiariki MB 3 (228 WAR 3) [pdf, 207 KB]

   ...Harvey annulled and the application for determination of ownership to be heard afresh. [9] It was agreed that further evidence be filed and exchanged between the parties and the matter of ownership of the house be set down for hearing. [10] An affidavit of Rangitunoa Black (“Rangitunoa”) was filed with the Court on 12 August 2019. Documents from Peti and Tokai were then filed between September and October 2019, followed by a supplementary affidavit of Rangitunoa. [11] The...

6. LCRO 253/2015 SL v NA (28 June 2019) [pdf, 249 KB]

   ...make arrangements for those funds to be held in our trust account on the usual basis (we appreciate that you may have to do some investigation before you can make any determination of what will be a realistic charge for your services). [25] In his affidavit dated 27 May 2017, Mr SL deposes that Mr NA verbally advised that his fee would not exceed $45,000. He does not say when that conversation took place, but Mr NA subsequently confirmed that fees were discussed at the meeting on 12...

7. [2019] NZEnvC 120 The Friends of Sherwood Trust v Auckland Council [pdf, 216 KB]

   ...made by Ms Grey on behalf of Ngati Paoa on 10 September 2018. Ngati Paoa was subsequently joined as the second applicant with the consent of all parties. 3 represented both applicants at the hearing. At the hearing all parties agreed that the affidavits and their annexures should be taken as read and there was no cross­ examination of any of the deponents. [7] On 21 September 2018 the Court issued a decision refusing the application for interim orders, 2 with costs reserved. Th...

8. GotB Submissions in support of application to strike out - final [pdf, 227 KB]

   ...abuse of process. Simply because its application has limped along to this point (at the Court’s indulgence), does not make a further adjournment to get to the same three- plus year delay acceptable. Estoppel / WIAL had a final warning 28. The affidavit evidence of Mr Shanks raises another matter relevant to the exercise of the Court’s discretion to refuse a further adjournment and strike out the application. At paragraph [8], Mr Shanks records what his notes

9. 2021-11-30 ORC PC1 - [2021] NZEnvC 185 - Final Decision on Dust Suppressants [pdf, 328 KB]

   ...Environment Court’s obligations in relation to call-in, an explanation of the mediation agreement, and seeks a decision of the court. Appendix 1 helpfully sets out the general legal requirements under the Act applicable to Chapter 6 of PC1. [7] An affidavit of Dolina Lily Lee, a senior analyst freshwater and land at Otago Regional Council, in support of the provisions agreed at mediation to Chapter 6 of PC1, was prepared in her capacity as an expert. In that affidavit Ms Lee...

10. [2021] NZEnvC 185 Otago Regional Council [pdf, 328 KB]

    ...Environment Court’s obligations in relation to call-in, an explanation of the mediation agreement, and seeks a decision of the court. Appendix 1 helpfully sets out the general legal requirements under the Act applicable to Chapter 6 of PC1. [7] An affidavit of Dolina Lily Lee, a senior analyst freshwater and land at Otago Regional Council, in support of the provisions agreed at mediation to Chapter 6 of PC1, was prepared in her capacity as an expert. In that affidavit Ms Lee...