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1. Defending a proceeding in the High Court

   ...stating the orders that are sought, the grounds on which the orders are sought, and the law or laws that the applicant is relying on. The document should also tell you when the hearing will happen. In most cases you will receive a copy of the applicant’s affidavit that supports the application. Documents To defend an originating application you will need to file the following documents: a notice of opposition an affidavit in support of the notice of opposition (unless the court directs that...

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   4. Representing yourself in a civil case in the High Court

2. Prepare for court

   ...authorised to take your oath or affirmation. A statutory declaration is similar - it’s written down and must also be truthful but you’ll need an authorised person to witness your signature rather than it being sworn or affirmed. Find out more about affidavits and statutory declarations

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3. Canterbury District Law Society v Wood [2009] NZLCDT 9 [pdf, 225 KB]

   ...the High Court by Mr M producing Mr Wood’s letter and application of 3 November 2006, and the Amendment Letter which had approved extension of legal aid for the non party discovery proceedings on 29 November 2006. [41] Mr Wood did refer to an affidavit of 25 January 2007 lodged by Mr M, claiming that this evidenced Mr Ms’ refusal to accept the legal aid on the terms it was offered. He said that paragraph 19 of that affidavit indicated that Mr M would not accept the requirement of...

4. [2007] NZEmpC AC 36/07 Bank of New Zealand v Trotter & Anor [pdf, 36 KB]

   ...third application is an application made ex parte seeking orders that personal service on Mr Trent Cary be dispensed with and that substituted service be effected on him by serving the applications for particular discovery by non-parties and the affidavit in support on Cleaver & Co Ltd, Chartered Accountants, Level 1, 26 Crummer Road, Grey Lynn, Auckland. [7] Mr Coyle, on behalf of both Mr Trotter and Mr Parkinson, did not offer any opposition to either the application for part...

5. 2020 NZEnvC 143 Envrionmental Defence Society Incorporated v New Zealand Aluminium Smelters Limited [pdf, 7.2 MB]

   ...registry of the court and include a register or index, a published list that gives notice of a hearing, a judgment, an order, or a minute of the court , including any record of the reasons given by a judicial officer. The definition does not include affidavits, notices of opposition, or supporting memoranda. [4] Ms Smith's application also seeks disclosure of documents that are not part of the formal court record. Where a person is not entitled to access a document relating to...

6. [2018] NZEmpC 135 Solid Roofing Ltd v Newman [pdf, 232 KB]

   ...plaintiff. It was indicated that the matter would then be dealt with on the papers. Submissions from the parties in respect of the stay application have now been filed. [4] In addition to filing submissions, the plaintiff has also filed further affidavits. These affidavits place before the Court information primarily directed at the substantive issues between the parties rather than towards considerations which the Court needs to make directly related to the application for st...

7. [2024] NZEmpC 10 Gate Gourmet New Zealand Ltd v Aviation Workers United Inc [pdf, 225 KB]

   ...could. [14] Full affidavit evidence and submissions were then filed by the parties in relation to both applications prior to 2 February 2024. Application for strike-out [15] The essence of the defendants’ application for strike-out was that the affidavits filed by the plaintiff in relation to the interim injunction application were void and inadmissible because they did not comply with the requirements of the Companies Act 1993 in that a written authorisation from the board to f...

8. [2017] NZEnvC 168 Mawhinney v Auckland Council [pdf, 2 MB]

   ...relates (indirectly) to the latter. Declaration 4 [5] 2 The declaration sought is: Four applications were set down for hearing but one (for declaration 45) was withdrawn prior to the hearing. Described in more detail in P W Mawhinney 1st affidavit [Environment Court (2015) document 2]. A first procedural decision [2015] NZEnvC 179 was delivered on 9 October 2015 relating to security for costs. 3 4. When the application in SUB 2008-570 was lodged with the consent authority o...

9. [2019] NZEnvC 054 Christchurch City Council [pdf, 4.7 MB]

   ...Woolston Risk Management Area overlay, included in Plan Change 1 to the Christchurch District Plan, have legal effect from the date Plan Change 1 is publicly notified or any earlier date ordered by the court. [2] The application is supported by the affidavit of M F Pollisco, Policy Planner at the Christchurch City Council. 2 The application [3] Plan Change 1 ("PC1 ")' seeks to amend a package of provisions included in the Christchurch District Plan' that relate...

10. CMT v EQC & Tower Insurance Ltd [2021] CEIT-2019-0012 [pdf, 292 KB]

    ...between the market value cap of $580,000 and the liability created by any prior policy response(s). That prior response was liability to the policy cap of $455,000. The difference between market value cap and policy cap is $125,000. 2 Affidavit of N M sworn 25 May 2020, exhibit “NM12” 3 All figures are inclusive of GST unless indicated otherwise 4 Affidavit of N M sworn 25 May 2020, paragraph [11], reports of Joseph and Associates Limited and Babbage Consultants Limited...