Search Results

1. [2021] NZREADT 23 - Baker v Real Estate Agents Authority (18 May 2021) [pdf, 173 KB]

   ...submitted that the appellants had been unreasonable, aggressive, intimidating, and abusive towards Mr Drumm, and brought overbearing pressure to bear on him. He recorded that Mr Drumm denied that he made postings adverse to Mr Baker. [23] Affidavits sworn by Mr Drumm and his manager at the agency where he is now engaged were filed. [24] Ms Davies submitted on behalf of the Authority that the focus for consideration of penalty is on the gravity of a licensee’s departu...

2. [2024] NZEmpC 4 Bread of Life Christian Church in Auckland v Chen [pdf, 221 KB]

   ...arises on any challenge and does not, of itself, warrant a stay. If it were otherwise s 180 would be worded differently.16 It is up to the applicant to establish a reasonable basis for making the interlocutory order in its favour.17 [42] The affidavit evidence provided by the plaintiff does not, on its face, support the submission that there are no funds available to pay Mr Chen. The information provided shows a total balance of around $33,000 in the various accounts as at 17 Aug...

3. Needham v Accident Compensation Corporation (Binding effect of review decision) [2023] NZACC 146 [pdf, 271 KB]

   ...assessment required by Ms R Wilson to form that opinion. For the physiotherapist to ask those questions, then disclose the conclusions and assessments to ACC, Mrs Needham’s consent was required. That consent was not forthcoming. I accept the affidavit evidence of Rebecca Wilson in this regard. I also consider that this is consistent with Mrs Needham’s evidence to me that she did not sign any consent forms at the FCE appointment. This left ACC in the difficult position in...

4. Ngataki v Kumete - Parish of Karaka Lot 64D (2016) 121 Waikato Maniapoto MB 184 (121 WMN 184) [pdf, 383 KB]

   ...Transfer Plan was not completed until 18 September 2013, 46 and then was not approved as to survey until 23 June 2015. 47 Further, the plan was not made available to the Māori Land Court until on or about 6 October 2015, when it appeared in an affidavit of Mr Wawatai prepared on behalf of the trustees. 48 The delay in obtaining a survey plan [74] Clearly the condition imposed by Judge Milroy was not met. On the face of it the delay is extraordinary. Counsel for the trustee...

5. Hauora-Chapt10W.pdf [pdf, 1 MB]

   ...Māori Primary Health Care (referred to here as the Sapere report).11 In response, the Crown provided a preliminary view of the report on 27 September 2021, but advised it would comment on it more fully ‘in due course.’12 We also received three affidavits and a submission on behalf of Raukura Hauora o Tainui Trust. Raukura Hauora was originally a party represented by the Māori Primary Health Organisations and Providers claim (Wai 1315), but asked to file separately.13 On 6 October 20...

6. Evaluation of Parenting Hearings programme pilot [pdf, 1.1 MB]

   ...People who are less articulate 49 7.1.3 Parties whose first language is not English 49 7.1.4 Self-represented litigants 50 7.2 Firmer control by court 50 7.2.1 Limiting issues to be addressed 50 7.2.2 Limiting cross-examination 51 7.2.3 Limiting affidavits or information in affidavits 51 8 Involvement of children and young people in the PHP 53 8.1 Level of participation 53 8.2 Views on participation 53 9 Outcomes 55 9.1 Outcome fair for parties/children 55 9.2 Satisfaction with P...

7. [2011] NZEmpC 70 Telecom New Zealand Limited v Long published version [pdf, 73 KB]

   ...brought to the defendant’s notice before being heard, there is a very substantial and significant risk that any order that might be made would be nullified by the defendant secreting or disposing of the documents to be searched for in view of the affidavit evidence about the background circumstances in which the order has been sought. Because of the particular circumstances disclosed by the affidavit evidence and the general, if not inevitable, practice in such cases, I heard the...

8. [2011] NZEmpC 88 Katz v Mana Coach Services Ltd costs [pdf, 118 KB]

   ...principle in this specialist jurisdiction and nothing said by counsel for the plaintiff has persuaded me that this should be departed from. [15] In Burns v Media Design School Ltd, 10 Judge Couch reduced a costs award to $1,000 on the basis of affidavit evidence that the plaintiff’s financial situation was dire with his essential outgoings exceeding his income and his debts greatly exceeding his assets. The Court considered that the plaintiff was “truly impecunious”. 11...

9. [2009] NZEmpC AC 24/09 Turners and Growers Ltd v Marshall [pdf, 26 KB]

   ...printer information would not reveal detail of the information copied by the defendant. [14] Ms Swarbrick submitted that the evidence of serious risk of destruction or disposal of the material is contained at paragraphs 60 to 69 of the affidavit of Delys Tansley, the plaintiff’s general manager of human resources. Ms Tansley deposes that Mr Marshall has denied having confidential information but describes him, from her experience of dealings with him, as “cagey, inco...

10. [2006] NZEmpC AC 37/06 Schneller v Ranworth Healthcare Ltd [pdf, 34 KB]

    ...1957 and in particular contains none of the appropriate recitals at the beginning of a statutory declaration. As I have already noted, even if the requirements of Schedule 1 had been met, the document could not have been a “sworn” affidavit as the Authority concluded. Affidavits and statutory declarations are separate and distinct forms of deposition with different consequences if the content of the deposition is untrue. It is surprising that both the solicitors who...