Search Results

1. [2012] NZEmpC 10 Brunton v Garden City Helicopters Ltd [pdf, 77 KB]

   ...plaintiff’s intention not to pursue his reinstatement application was given on the morning of Monday, 23 November 2009, the investigation hearing having been scheduled for 27 November 2009. He submitted that the withdrawal was made on the basis of the affidavits filed by the defendant. These, he advised, had for the first time, raised allegations concerning the plaintiff’s competency and integrity which, if reinstatement had been ordered, would have entailed more than the usua...

2. [2013] NZEmpC 183 Snowdon v Radio New Zealand Ltd [pdf, 100 KB]

   ...pursuant to regs 19 and 20 of the Employment Court Regulations 2000 (the Regulations), rr 5.47(1), 5.48(1) and (3), 11.3 and 11.4 of the High Court Rules, and s 189 of the Employment Relations Act 2000 (the Act). Reliance was also placed on two affidavits of the same date filed in support by the 4 [2013] NZEmpC 84. 5 [2013] NZCA 108. plaintiff’s husband Mr Hickling, who is also a lawyer, and junior counsel for the plainti...

3. [2015] NZEmpC 31 Judith Davidson v Stephen Kelly [PDF, 96 KB]

   ...2007. 5 Stevenson v Hato Paora College Trust Board [2002] 2 ERNZ 103 at [8]. defences to the applications for compliance and enforcement as well as the challenge. [12] There is a combination of factors set out by Mr Kelly in his affidavit and Mr Locke in his memorandum of counsel as to why the statements of defence were not filed within time. In his memorandum, Mr Locke has presented factual matters relating to his own inaction on the matter. These should have been...

4. Hall v Opepe Farm Trust (2011) 45 Waiariki MB 142 (45 WAR 142) [pdf, 179 KB]

   ...further progress could be made apart from, according to Mr McKechnie’s submission, the Court considering payment of Mr Hall’s costs by the trust. Mr Vane for the Third Respondents submitted that, while he was prepared to proceed and had filed affidavits in support of his clients’ position, he understood the position and would abide the decision of the Court as to whether or not matters were to proceed. [4] The issue for consideration in this judgment is whether or not the cos...

5. New Zealand Law Society v YJ LCRO 201 / 2010 (11 April 2011) [pdf, 91 KB]

   ...requires the NZLS “to ensure throughout New Zealand both the consistency and quality of the complaints service.” 3 [8] I have reviewed all of the information on the file. This includes the Inspectorate‟s report and also a lengthy affidavit provided by the Practitioner to the Standards Committee for its enquiry. [9] The enquiry had commenced as an „own-motion‟ complaint by the NZLS pursuant to section 130(d) of the Act, in relation to concerns outlined in consider...

6. EU v VK LCRO 233 / 2010 (9 August 2011) [pdf, 182 KB]

   ...specific “issues of concern”. It is not necessary to record each element of the Applicant‟s dissatisfaction with arrangements for the above matters. Complaints were also directed at the inclusion of „without prejudice‟ content in an affidavit, and other matters. The Applicant took the view that the Practitioner had “a general attitude of judgement and hostility towards me”, that he promoted “conflict rather than resolution”, and encouraged “anger in his client...

7. Auckland Standards Committee 3 v PL [2016] NZLCDT 12 [pdf, 59 KB]

   ...staff and did not ignore the possibility that the transaction may have proceeded to completion. (i) The respondent has an unblemished record having been in practise in excess of 30 years and is held in high regard by his community attested to by affidavits filed in his support. [18] The Tribunal accepts these mitigatory factors except to acknowledge the receipt of evidence from the applicant, referable to penalty, as to the respondent 7 having a finding of unsatisfactory con...

8. [2017] NZEmpC 122 Centraus Ltd v Barcena [pdf, 130 KB]

   ...company that appears to have been formed by those three employees (the fourth respondent). The application was made on an urgent basis, without notice to the respondents. I heard from counsel for the applicant on 4 October 2017 and a further affidavit was filed later that morning. [2] The applicant originally was seeking orders that would enable it to uplift laptops, computers, mobile phones, keys, hard drives, USB drives or similar, credit cards, client lists and information he...

9. [2018] NZEnvC 200 Kawau Island Action Incorporated Society v Duke & Auckland Council [pdf, 285 KB]

   ...to what it was before the approved piles were removed. (c) If an interim order is not granted then steps be put in place to quickly proceed to a hearing so further harm to the environment does not occur. [5] The application is supported by an affidavit of Mr Coleman sworn on 10 October 2018. Annexed to the affidavit as exhibits are: (a) a copy of the Auckland Council's decision dated 18 August 2017 in respect of applications numbered LUC60112250 and CST60082316 relating to a...

10. [2021] NZEnvC 011 Northport Limited v Whangarei District Council [pdf, 1.6 MB]

    ...for directions under s 293 of the Act to allow further publication and consultation in respect of changes sought by Northport Limited (Northport) to the Urban Package, particularly in relation to the generation of port noise. [2] Having received affidavit evidence from Whangarei District Council (the Council), neither party had any questions and the affidavits were allowed in without further confirmation. Accordingly, the hearing commenced on 4 February 2021 with those documents hav...