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1. Standards Committees v Deliu [2016] NZLCDT 41 [pdf, 441 KB]

   ...penalty by seeking to recuse two tribunal members Mesdames Scholtens and Hughes, and indeed to debar the prosecutor. [58] He submits that he repeatedly apologised for the interrupting of the meeting incident. He referred to an example in his affidavit of 10 December 2014 which read as follows: I confirm I never intended to interrupt or disrupt any meeting and I am certainly apologetic how this whole affair has turned out. If I could do it all over again I certainly would not en...

2. [2011] NZEmpC 157 Heritage Expeditions Ltd v Fraser [pdf, 158 KB]

   ...orders for payment to him by Heritage Travel Group Limited, Mr Fraser attempted to enforce them against that company. [40] When Heritage Expeditions Limited sought an extension of time to pursue the current challenge in the Court, Mr Fraser swore an affidavit in opposition. In it, Mr Fraser said that, when he filed proceedings in the Authority, he honestly believed he had been employed by Heritage Travel Group Limited. [41] During the term of Mr Fraser’s employment and subsequent...

3. [2010] NZEmpC 160 Mc Culloch & Ors v NZFS Council [pdf, 181 KB]

   ...pro forma proceedings here for a declaration of exclusive jurisdiction. These proceedings are opposed by the Commission. By agreement, the case has been heard by reference to the statements of claim and defence in the High Court proceedings, affidavit evidence filed in the High Court proceedings, some further affidavit evidence filed by the Commission in this Court, and by submissions made by counsel for the parties. [2] There have been two judgments issued by the High Court, both...

4. J v Khetarpal [2015] NZIACDT 95 (05 November 2015) [pdf, 224 KB]

   ...108; the Tribunal’s decisions include examples of complaints of deception by taking fees and failing to perform work in respect of each of those practitioners. 5 The case for the complainant [20] The complainant’s case included an affidavit from the proprietor who took over the practice where Ms Khetarpal worked. It included purported evidence of cases where Ms Khetarpal had signed contracts, taken money, and failed to carry out instructions. I expressly disregard this...

5. The Trustees of Otanemutu Lands Trust v Boynton - Opape 2A2A (2011) 38 Waiariki MB 46 (38 WAR 46) [pdf, 143 KB]

   ...Solicitors has stated that he “will not be peaceably” removed from the property. [17] The application was filed on behalf of the Otanemutu Lands Trust (the Trust), the trustees of the Opape 2A2A and a number of other associated land blocks. An affidavit was filed with that application, indicating that the owners of this block wanted the Trust to continue to administer the block. As part of that administration the Trustees wished to terminate the occupation of the land by Mr Fr...

6. [2018] NZEnvC 026 Marlborough District Council v Burkhart Industries Ltd [pdf, 5.3 MB]

   ...December 2017, a caution to the respondents against actions that could be an abuse of process in regard to their appeal. [5] On 20 December 2017, the Council made an urgent application for interim orders against the respondents. The associated affidavits explained that the orders were sought in view of the respondents essentially having taken matters into their own hands. They refer to Council officer observations of the respondents towing their boats along the beach to another laun...

7. Waters v Alpine Energy Ltd (Discovery) [2014] NZHRRT 8 [pdf, 97 KB]

   ...Various 3 Documents gathered by Farrow Jamieson in Maintenance Engineer recruitment. Never provided to Alpine Energy not in its possession or control. Summary of the evidence relied on by Alpine Energy to oppose further discovery [17] In an affidavit sworn on 28 November 2013 Mr SM Small, Compliance and Training Manager, deposed (inter alia) that: [17.1] Documents numbered 10 and 17 of Alpine Energy’s amended list of documents relate to a summary list of applicants who applied...

8. Yates v Nathan - Neville David Nathan Whanau Trust [2016] Chief Judge's MB 223 (2016 CJ 223) [pdf, 244 KB]

   ...sections 220 and 222 of the Act; b) Historical search of the LINZ title to the land (CFR NA89A/562) dated 19 February 2014; c) Current search of the LINZ title to the land (CFR NA89A/562) dated 11 June 2014; and d) Applicant’s sworn affidavit dated 26 June 2014 (Appendix 1). In brief the applicant claims that: i. She has an entitlement to a share in the property; ii. By vesting this interest into a whānau trust, the applicant is now unable to make a claim to...

9. [2019] NZEnvC 021 Jacks Point Residential No.2 Limited v Queenstown Lakes District Council [pdf, 4.8 MB]

   ...applicants' submissions are supported by the Council, but it abides the court 's 2 Application to strike out dated 26 October 2018 at 2(g). For "Jacks Point Group". 4 decision. [5] JPG opposes the application. It lodged the affidavit of Mr C Ferguson (a planner) dated 6 December 2018 in support of its opposition. This contains few or no facts relevant to the application (and the few are contextual) and Mr Ferguson's opinions are with respect, irreleva...

10. [2021] NZEnvC 146 Ngati Paoa Trust Board v Kennedy Point Boatharbour [pdf, 437 KB]

    ...that the Council abides the decision of the Court on the current dispute and that Forest & Bird filed extremely brief submissions that simply recorded support for those on behalf of the Trust Board. 8 previously cited. I have also considered affidavits filed on behalf of parties at various stages since the current substantive proceeding was filed. Led by the wish of the applicant to obtain interim enforcement orders at the earliest possible time, much of the evidence goes bey...