Search Results

1. [2021] NZEmpC 228 Butt v Attorney-General [pdf, 252 KB]

   ...strike-out would be appropriate. [32] The key issue then is whether the plaintiffs were induced to agree to the Record of Settlement by a misrepresentation. Strike-out would only be appropriate if this argument is untenable. [33] Based on the affidavits given by the plaintiffs and, for the purposes of this application, assuming those statements are true,12 I consider there is an arguable case for misrepresentation. [34] It is apparent that a representation of fact was made to the...

2. [2021] NZEnvC 201 Guardians of the Bay Incorporated v Wellington International Airport Limited [pdf, 504 KB]

   ...Court should not grant Guardians' waiver application. [6] I will deal with the strike out application first, and then consider Guardians' application for waiver. The strike-out application U7IAL's evidence [7] WIAL lodged an affidavit of Joanne Maree Lester (WIAL's Planning Manager) in support of its application for strike out. Ms Lester explained that on 5 December 2019 WIAL gave notice to the Council of its first requirement for a designation over its exist...

3. [2021] NZEmpC 85 Wilson v Manukau Institute of Technology [pdf, 243 KB]

   ...objections, asserting they were ill-founded. Initially, the challenge was opposed, but in the process of filing submissions for the purpose of the disclosure challenge, MIT provided further documents. MIT’s current position is laid out in an affidavit of its Human Resources Business Partnering Manager, Ms Carolyn Pene. [6] The issues which remain are whether further disclosure by MIT would give rise to a disproportionate burden, and whether the documents sought are in fact re...

4. [2023] NZEnvC 053 Bennett v Dunedin City Council [pdf, 761 KB]

   ...overlay on 128D Doctors Point Road to the 110m contour (DCC Reference number 52). [3] I have read and considered the consent memorandum of the parties dated 12 July 2022 which proposes to resolve the appeal. [4] I have also read and considered the affidavit by B T Morrissey dated 10 August 2022, who has satisfied me that the amendments proposed will achieve the objectives of the 2GP, and that granting the relief sought will not 1 ENV-2018-CHC-227. 2 ENV-2018-CHC-228. impact...

5. BO & CO v MI [2022] NZDT 1 (14 February 2022) [pdf, 167 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determinat...

6. DX & NS v X Ltd [2023] NZDT 157 (12 May 2023) [pdf, 214 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determin...

7. BX & HX v L Ltd [2024] NZDT 125 (10 April 2024) [pdf, 196 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determin...

8. HI v B Ltd [2024] NZDT 8 (29 February 2024) [pdf, 231 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determina...

9. FN & NH v K Ltd & O Ltd [2023] NZDT 466 (25 August 2023) [pdf, 247 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determina...

10. NP v LO & Ors [2024] NZDT 687 (26 August 2024) [pdf, 243 KB]

    ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determin...