Search Results

1. [2017] NZEmpC 97 Nel v ASB Bank [pdf, 216 KB]

   ...allegation. It is submitted that the pleading is too wide and should be struck out or re-pleaded so that it is confined to circumstances in which disparity of treatment is able to be recognised. [10] In support of the application, ASB relies on an affidavit from Mr Kiran Vallabh, which was previously by the Court for the purposes of the first interlocutory judgment, where it is summarised. [11] In his submissions, Mr Dench stated that the starting point for a consideration of t...

2. [2019] NZEmpC 67 Hokotehi Maori Trust v Prater [pdf, 379 KB]

   ...dismissal, but 92 days. The Authority’s consideration of the issue [14] In due course, the Authority decided that the issue of whether leave should be granted should be determined on the papers as a preliminary matter, by way of submissions and affidavits. [15] In a determination of 3 August 2018,1 the Authority noted Mr Prater had chosen to raise a personal grievance by commencing proceedings in the Authority, and that there was no issue with his ability to do so, ha...

3. Kidd v Maori Owners - Whenuanui No 2B [2021] Chief Judges MB 1409 (2021 CJ 1409) [pdf, 356 KB]

   ...to affected parties. Identification of evidence that may be of assistance in remedying the mistake or omission 10. The applicants have provided the following documents in support of their application: 2021 Chief Judge’s MB 1413 1. Affidavit of Richard Julian Kidd in support of the application for the exercise of special powers of the Chief Judge under s 45 of Te Ture Whenua Māori Act 1993. Appendix A1 Copy of Record of Title NA133C/814 for Whenuanui No 1A Block, Whe...

4. LCRO 15/2021 JBC Limited v KD (24 August 2021) [pdf, 209 KB]

   ...place, Mr Z was also pursuing his company’s subdivision consent which included making use of the existing right-of-way. (c) Mr KD gave Mr LE, and Mr LE’s lawyer Mr MF, a copy of the pleadings before they were filed. This included Mr LE’s affidavit, in which there was extensive reference to the right-of-way discussions between Mr LE and Mr Z. (d) Mr KD promptly dealt with any of Mr LE’s queries and received clear instructions from Mr LE to lodge the judicial review proce...

5. Cotter v Accident Compensation Corporation (Personal Injury) [2024] NZACC 013 [pdf, 249 KB]

   ...Cotter’s ability to make a decision on the claim in favour of her. [40] On 24 March 2023, a late Notice of Appeal was lodged. On 30 March 2023, McGuire DCJ granted Ms Cotter leave to appeal out of time. [41] On 7 July 2023, Ms Cotter provided an affidavit in which she described the accident on 11 November 2001 as follows. She injured her left knee, and particularly the inside of her left knee where the arthritis is central. She did not report to a medical practitioner at the...

6. Te-Au-Reka-and-Family-Court-Rules-Consultation-Paper-270923-v2.pdf [pdf, 940 KB]

   ...Ministry of Justice Consultation Paper: Family Court Rule changes to enable Te Au Reka. September 2023 • Filing of court information: Te Au Reka will enable information required under the Rules, including that which is in prescribed forms, affidavits (see below), or any other format to be filed through the online portal. When filing information using Te Au Reka, prescriptive rules, such as the requirement to file a certain number of copies of a document (rule 20(2)), and rules a...

7. 2022-02-21 John Cocks - Memo - re scope issue and pursuing his submissions [pdf, 243 KB]

   ...CHAPTER 7 (20 February 2022) 2 1. I respond to the direction in MINUTE OF THE ENVIRONMENT COURT PLAN CHANGE 1, 20 January 2022. 2. I have received and read the memorandum of counsel dated 11 February 2022 and the Affidavit of Dolina Lily Lee dated 11 February 2022. 3. I dispute the scope issue and intend to pursue my submission on PC1. 4. Should further information be required to support my position, I will provide this. Dated this 2...

8. Trustees of Tauwhao Te Ngare Trust v Shaw – Tauwhao Te Ngare Block (2013) 2013 Chief Judge’s MB 567 (2013 CJ 567) [pdf, 193 KB]

   ...comments only. 17. Subsequently appeals and cross appeals were filed. They are currently adjourned sine die awaiting the outcome of this section 45 application. Aerial Photographs 18. Attachment 2 is an aerial photograph which was attached to an affidavit by Brendon Taingahue dated 27 November 2007. On that aerial photograph you will see two lines marked “R 1” and “R 2”. “R 1” represents Route 1. This as I understand it is Mr Taingahue’s assessment of the path the r...

9. LCRO 136/2021 YL v OB (28 February 2022) [pdf, 249 KB]

   ...two folders of information, one of which was titled “sex emails”; and (j) Ms YL’s instructions were to forward a copy of those emails to the other party but those instructions subsequently changed; and (k) Ms YL informed him that a draft affidavit for a protection order would be provided to him as soon as possible; and 5 (l) Ms YL’s account of the lengthy conversation that took place on 8 March 2021, was in large part in accurate, but frequently referenced matters “out...

10. Auckland Standards Committee v Johnston [2011] NZLCDT 14 [pdf, 207 KB]

    ...legal advice and/or disclosing the full nature of your involvement in the borrowing. [5] In response to this charge Mr Johnston has pleaded guilty to “conduct unbecoming a barrister or solicitor”, that is alternative (b). He has filed an affidavit from his client Mr W, supporting his assertion that the Ws were experienced businesspeople with good commercial knowledge who had rejected his suggestion of independent advice from him. Mr W’s affidavit (which was not challenged...