Search Results

1. [2020] NZEmpC 30 Samuels v Employment Relations Authority [pdf, 163 KB]

   ...represented by another advocate. The proceeding was originally set down for hearing on 12 November 2019 but was adjourned on Mr Samuels’ application. An issue has now arisen in relation to admissibility. The issue arises in the context of an affidavit dated 15 October 2019, which Mr Samuels attempted to file but which was rejected on the basis that leave was required. [2] Ms Catran, counsel appointed to assist the Court, does not object to leave being granted but do...

2. [2019] NZEnvC 194 Auckland-Council v Imperial Homes Norwest Limited [pdf, 577 KB]

   ...is resolved in principle." [1 O] This decision deals with the applications for costs, by both parties. The application for enforcement orders [11] The relevant background to the application for enforcement orders was set out in the three affidavits filed in support of it. A summary of the relevant points follows. [12] The Council contended that Imperial Homes is a land developer and consent holder for a range of Special Housing Area developments including a development at this...

3. [2023] NZEmpC 140 Taniwha v Te Runanga O Toa Rangatira Inc [pdf, 261 KB]

   ...related not to a dismissal grievance, but to a disadvantage grievance which the Authority did not consider. 1 Taniwha v Te Rūnanga o Toa Rangatira Inc [2022] NZERA 625 (Member O’Sullivan). [3] The parties agreed that after the filing of affidavit evidence, the challenge would be resolved on the papers. I am advised by the representatives that no submissions were filed. The Authority’s determination [4] The Authority, in explaining the employment relationship prob...

4. [2020] NZEmpC 60 Noble v Ballooning Canterbury.com Ltd [pdf, 298 KB]

   ...of rule 5.44(1); and (c) in the case of a party referred to in subclause (1)(c), must state that the party’s intention is to act in person. (4) For the purpose of the proceeding, the change of representation takes effect on the filing of an affidavit proving service in accordance with subclause (1) and attaching and verifying a copy of the notice served. ... 5.41 Withdrawal of solicitor who has ceased to act for party (1) If the solicitor on the record for a party to a proc...

5. [2015] NZEmpC 10 Graeme’s Service Centre v Stalker [pdf, 110 KB]

   ...feelings. [4] A challenge to the Authority’s determination was filed by the plaintiff on 15 December 2014. No application for stay of execution of remedies was filed at that stage. This was not filed until 14 January 2015, supported by an affidavit from Mrs Paget. The affidavit stated: The defendant was now enforcing the remedies she had been awarded. If the plaintiff was successful in its challenge Mrs Paget did not believe that the defendant would be in a position to re...

6. [2019] NZEmpC 108 Plan B Limited v Roberts [pdf, 217 KB]

   ...notice such as this, an applicant is obliged to put relevant information before the Court, including information that may assist the respondent’s defences. In this case, the applicant has properly filed, in support of its application, two lengthy affidavits which set out the basis for the application and include information which may assist the respondent. The application is also supported by documents, which are annexed to the affidavits put before the Court, and which would ap...

7. [2012] NZEmpC 106 Simon Edwards v Two Degrees Mobile Limited [pdf, 51 KB]

   ...dismissal. 1 [6] Having determined that the matter did require urgent resolution prior to 15 July 2012, the Court will hear the matter at 2.15pm on Thursday 12 July 2012. [7] The defendant will file and serve a notice of opposition and any affidavits in opposition ancillary to the affidavit material already placed before the Authority by 1pm on Wednesday 11 July 2012. [8] By consent, the parties may file any affidavits used in the Employment Relations Authority in support of...

8. ENVC Matiatia party corresp WMLFeb15 affidavit D Mitchell [pdf, 3.6 MB]

   ...requesting the granting of resource consents to Waiheke Marinas Limited to establish a Marina at Matiatia Bay, Waiheke Island. in the Hauraki Gulf of a Notice of Motion by Direction Matiatia Inc seeking order that amended application is out of scope Affidavit of David Forrester Mitchell on behalf of Waiheke Marinas Ltd in opposition to interlocutory application by Direction Matiatia Incorporated Dated 20 February 2015 Richard Brabant/Jeremy Brabant Barristers Broker House, Lev...

9. BS v YC LCRO 152 / 2010 (13 May 2011) [pdf, 91 KB]

   ...$1,500, but if difficulties were encountered, then she would be billed for additional work at the rate of $150 per hour. 2 [5] The Respondent originally intended to apply for the Order on a „without notice‟ basis and the application and affidavit were filed in June 2008. The Respondent‟s first bill was sent on 25 June 2008, and was for $1,200 plus GST and disbursements. [6] The Court declined to allow the matter to proceed in this way and ordered that [D] be served wit...

10. DX v WC LCRO 7 / 2011 (17 August 2011) [pdf, 83 KB]

    ...proposed that the psychologist’s brief should include an assessment of the parents in the hope that this would provide support for the Applicant’s concerns about R’s personality disorder. Orders were then made for the partiers to file their affidavits. The Judge would not agree to extending the parameters of the section 133 report as sought in the way that had been proposed. [6] Meanwhile it appears that R was in regular telephone contact with the girls from Australia tr...