Search Results

1. Samuela v Accident Compensation Corporation (Prelimary jurisdiction issue) [2023] NZACC 162 [pdf, 262 KB]

   ...his full weekly compensation because it concedes abatement would be unfair. (b) Even if the original decision was properly revoked, the original decision does not cease to exist upon revision. The current proceeding remains live. [16] An affidavit from Mr Vilami Folau dated 30 March 2023 was filed in support of the case for Mr Samuela. Mr Folau’s accredited employer compelled him to use bereavement leave and annual leave during his incapacity, deducting the payments from th...

2. [2023] NZEmpC 170 FGH v RST [pdf, 283 KB]

   ...then decided to pause its investigation. Costs for attendances in connection with the application which had been advanced by Ms H were not, in those circumstances, pursued by RST. Ms H’s position [13] In the course of the costs phase, two affidavits were filed by Ms H outlining her circumstances. Submissions were also advanced on her behalf by her counsel, Mr Henderson. [14] In brief, Ms H said that unbeknown to her when she was giving evidence in the proceeding in July 2022...

3. [2016] NZEnvC 051 Craddock Farms Limited v Auckland Council [pdf, 2 MB]

   ...sheds, and its potential impact on those who live and/or work near to it. Mr and Mrs Berry, Mr Millen, and the Wai Shing witnesses focussed their evidence on that topic. Odour at Coulston Road [32] As part of its evidence, Craddock Farms lodged affidavits from twelve people, all of whom are residents of the area surrounding its present operation at Coulston Road. All confirmed that they had not, during their various periods of residence there ... experienced any offensive or objec...

4. FVPP07 Non-violence programme request for information [docx, 265 KB]

   ...(Family Court referral), please indicate the information you wish to receive: |_| Judge’s decision/minute (if any) |_| Application for Protection Order (if any) |_| Information sheet (if any) |_| Summary of Protection Order history |_| Affidavit in support (if any) |_| Respondent’s criminal history (if any) |_| Protection Order |_| Victim contact details Providers of a pre-sentence programme (Criminal Court referral), please indicate the information you wish to receiv...

5. [2008] NZEmpC WC 10/08 Monteith v Eagle [pdf, 34 KB]

   ...the 28-day time limit imposed by s179(2) of the Employment Relations Act 2000, the registrar returned them to Mrs Monteith the same day with a letter advising her that she was out of time and would need to file an application for leave and an affidavit in support. [7] On 14 September 2007, Mrs Monteith faxed a letter to the registrar questioning whether she was out of time and saying that she had counted “28 working days”. The registrar responded by telephone on 17 September 2...

6. [2015] NZEmpC 216 Roy v Tamaki College Board of Trustees no 3 interlocutory [pdf, 151 KB]

   ...before the final judgment is given. (2) During the period to which this rule applies, any person may access any of the following documents relating to the proceeding: (a) any pleading, reference, notice, or application filed in the court: (b) affidavits, depositions, or other written statements admitted into evidence for the purposes of the hearing: (c) documents admitted into evidence for the purposes of the hearing: (d) if any evidence given orally at the hearing has been...

7. Deputy Registrar - Orohaki 894B (2014) 24 Te Waipounamu MB 298 (24 TWP 298) [pdf, 109 KB]

   ...forgotten what she said”. He confirmed “that the estate paid for her mortgage when we settled out father’s business back in 1992 and with that she gave us the promise that she would not seek the land of Orohaki”. [14] Robert Dawson’s affidavit dated 15 October 2013, confirms that the administrators met the estate’s solicitor Robin Corcoran on 15 January 1993, and entered in to the 4 18 Te Waipounamu Minute Book 252-256...

8. Waters v Alpine Energy Ltd (Adjournment Application) [2015] NZHRRT 17 [pdf, 59 KB]

   ...[3.1] A 74 page document setting out his evidence and submissions. 1 [This decision is to be cited as: Waters v Alpine Energy Ltd (Adjournment Application) [2015] NZHRRT 17] 2 [3.2] An affidavit sworn on 20 February 2015 by Mr JR Robertson together with a signed statement by Mr Robertson dated 14 May 2015. [3.3] A “will say” statement by Mr G McNabb of Kaiapoi. [3.4] A “will say” statement by Mr A Sullivan, of Te...

9. RC v ZN LCRO 74/2012 (21 July 2015) [pdf, 55 KB]

   ...Lawyers and Conveyancers Act 2006, or other professional standards. In that case, I came to the view that such a state of affairs should be reported in any event and should not be used as a means of having certain adverse statements made in an affidavit about the complaining lawyer removed. I reached the view that this constituted an “improper purpose”. An improper purpose could otherwise be defined as being a purpose which a person is not otherwise entitled to insist should...

10. [2017] NZEmpC 1 Lyttelton Port Co v The Rail and Maritime Transport Union Inc (No.2) [pdf, 101 KB]

    ...to the orders made by the Court in its substantive judgment, which would defeat the intent of that judgment. He said that if MUNZ held such concerns, it should amount to an appeal to the Court of Appeal. [13] Mr Towner also relied on extensive affidavit evidence which had been filed for LPC, raising logistical concerns. These included: (a) Practical difficulties in advising a MUNZ representative of any amendments for start and finish times; (b) the absence of a requirement to c...