Search Results

1. PD v QB [2024] NZDT 573 (16 July 2024) [pdf, 233 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determinat...

2. BE & TE v NX [2024] NZDT 605 (16 September 2024) [pdf, 200 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determinat...

3. [2012] NZEmpC 92 Kaipara v Carter Holt Harvey Ltd [pdf, 155 KB]

   ...security for its costs before trial. Although it was unsuccessful, it says, nevertheless, that it should be compensated for its cost of doing so because Mr Kaipara unsuccessfully sought to have declared inadmissible some of the contents of an affidavit filed by the defendant in support of its application for security. That was, however, a minor procedural point that the Judge disposed of in short order at the hearing and could only have occupied minimal time and attendances. In r...

4. [2015] NZEnvC 066 Waiheke Marinas Limited [pdf, 572 KB]

   ...examination of elements of the wider proposal. An essential element of the DMI application was that what WML proposed by way of a change was not a straight reduction of scale, intensity or character. The factual matrix [14] WML filed three detailed affidavits intended to support its argument that scope would be reduced, and within jurisdiction, with the carpark removed. The affidavits were by Mr PH Wardale, a marina industry consultant who was closely associated with the design...

5. Canterbury District Law Society Complaints Committee 2 v Iosefa [2009] NZLCDT 5 [pdf, 65 KB]

   ...letter which it considered was manipulative and misleading. [13] The Tribunal read this letter as more directed to self-preservation and minimisation of exposure to an interest claim rather than as an apology as claimed by the practitioner in his affidavit. [14] There was a lengthy dispute over reparation for Mrs D. The practitioner finally agreed, at the point of sentencing, to reparation totalling $31,664.39. Although payment of the last outstanding amount of $9,264.29 would be...

6. UC v OX LCRO 179-180 / 2011 (11 March 2013) [pdf, 139 KB]

   ...These costs were then used to deny the defence of truth and honest opinion to such an extent that the Court did not even consider the statutory defences. (d) The proceedings skipped the formal proof and went straight to quantum. 9 (e) Affidavits and mitigation of damages were used as evidence of further defamation, and (f) The Court was misled at every appeal and judicial review step. [20] I have recorded UC’s submissions and in some detail so that the elements of t...

7. CM v EC LCRO 295 / 2011 (17 October 2013) [pdf, 148 KB]

   ...date so that the application could be heard. An employee of the Practitioner attended to that appearance. However after that appearance the Practitioner noted an inconsistency between her instructions (which she recorded in the Applicant’s affidavit) and what the PDS lawyer told her. The Applicant had instructed the Practitioner that he did not have a translator when instructing and getting advice from the PDS lawyer. The PDS lawyer, on the other hand, informed the Practitione...

8. Holden —Nga Taonga Tuturu (2010) 245 Aotea MB 230 (245 AOT 230) [pdf, 134 KB]

   ...of carbon dating in an effort to assist in the determination of ownership. Evidence [10] Kiri Petersen, an archaeologist employed by Opus International Consultants and Amber Aranui, a repatriation researcher employed by Te Papa Tongarewa, swore affidavits on 22 and 26 January 2010 respectively. In summary, Ms Petersen’s evidence makes the following points: (a) radio carbon dating of organic material estimates age of the material based on carbon content. An organic artefact is su...

9. Herewini - Torere Pa 16 [2016] Chief Judges MB 34 (2016 CJ 34) [pdf, 403 KB]

   ...was incorrectly shown on the diagram recorded at 33 Opotiki Minute Book 193A & 194, therefore the order is incorrect by reason of a mistake, error or omission on the part of the Court. Grounds for Application: As contained in the affidavit of Hatu Whakamamaeroa Charles Herewini dated 16 November 2007 Mr Herewini is the sole owner of Torere Pa 1B6. Torere Pa 1B6 was partitioned from Torere Pa 1B7 (which in fact is Torere Pa No. 1B) on 11 March 1955, and was changed fro...

10. [2018] NZEnvC 052 Queenstown Airport Corporation Limited [pdf, 3.3 MB]

    ...extend the existing designation (Designation 2) was confirmed by the Environment Court on 31 March 2017 in Re: Queenstown Airport Corporation Ltd [2017] NZEnvC 46. This decision was unsuccessfully appealed by Remarkables Park Ltd to the High Court. 2 Affidavit of R C Keel sworn 28 February 2018. 3 Queenstown Airport Corporation Ltd [2014] NZEnvC 244 at [69]. 3 [7] The District Council (in its corporate and regulatory capacities separately represented) supports Queenstown Airport....