Search Results

1. [2014] NZEmpC 16 Gapuzan v Pratt Whitney Air New Zealand Services second interlocutory [pdf, 49 KB]

   ...can be raised for the first time before the Court, whether or not they were raised before the Authority. [18] The breadth of this interpretation was reduced somewhat by the full Court in Abernethy v Dynea New Zealand Limited6 [19] Annexed to his affidavit in opposition, the plaintiff provided a copy of the statement of problem he lodged with the Authority on 19 January 2012. It was this problem which was investigated by the Authority and which resulted in the determination now unde...

2. Hood v American Express International (NZ) Inc (Discovery) [2015] NZHRRT 1 [pdf, 61 KB]

   ...or from any document filed in the proceeding, that there are grounds for believing that a party has not discovered 1 or more documents or a group of documents that should have been discovered, the Judge may order that party— (a) (i) to file an affidavit stating— (ii) whether the documents are or have been in the party's control; and (b) if they have been but are no longer in the party's control, the party's best knowledge and belief as to when the documents...

3. Kapohe Family Trust v Cleland [2012] NZWHT Auckland 28 [pdf, 87 KB]

   ...that the claimants did not oppose the removal applications but nor did they consent. [3] Despite the fact that the claimants did not oppose removal, Mr Hitchcock made brief submissions on each of the removal applications and filed lengthy affidavits from Ms Wai Kapohe and Mr Beazley. Other parties also opposed removal and the respondents filed reply submissions. The claimants now oppose costs and have made submissions in opposition. The claimants have adduced evidence i...

4. Lee v Wellington City Council [2012] NZWHT Auckland 31 [pdf, 87 KB]

   ...[9] Mr Koornneef accepted Mrs Lee’s home was a leaky home and does not challenge, nor has he called any evidence to dispute, the quantum being claimed by Mrs Lee. Based on the information contained in the assessor’s report and the affidavit of Mr Kopua, I accept that the quantum being claimed has been established. The defects in the construction of the dwelling include: Incorrect jointing of cladding boards resulting in water entry through the cladding. Fixing...

5. O’Hagan v New Zealand Police (Discovery) [2017] NZHRRT 51 [pdf, 297 KB]

   ...case or from any document filed in the proceeding, that there are grounds for believing that a party has not discovered 1 or more documents or a group of documents that should have been discovered, the Judge may order that party— (a) to file an affidavit stating— (i) whether the documents are or have been in the party's control; and (ii) if they have been but are no longer in the party's control, the party's best knowledge and belief as to when the documents ceased...

6. TC & AK v BH & TH [2021] NZDT 1306 (25 March 2021) [pdf, 250 KB]

   ...$200 filing fee for an appeal. You can only appeal outside of 20 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 determination...

7. Butcher v New Zealand Transport Agency (Third Statement of Claim) [2019] NZHRRT 14 [pdf, 251 KB]

   ...treatment, but fail to state any factual basis for that claim. [6.5] A claim of vigorous objection, even an objection founded on religious belief (if it were particularised), is not itself discrimination. [6.6] While Mr Butcher says he intends to file an affidavit as to his beliefs (see para 14 of his Application for Leave to Amend Statement of Claim dated 20 February 2019), he is required to give particulars in his statement of claim. Those particulars must specify how it is claimed t...

8. Protected person TPO Information Pack [pdf, 560 KB]

   ...Protection Order will state if they have been ordered to attend a non-violence programme. What happens next? The Respondent will be given this Order and details about why this Order was made. This will include a copy of your application and the affidavit you made. As this is a Temporary Protection Order, the Respondent may challenge this Order. If they do you will need to go to Court where you can both tell your side of the story. The Court will then decide to make this a Fi...

9. [2020] NZEmpC 112 Mataura Valley Milk Ltd v Scott [pdf, 225 KB]

   ...Relations Authority, seeking a declaration that there had been a breach of the employment agreement by Mr Scott, urgent compliance orders relating to the return of its confidential information, penalties, damages and costs. As well as the supporting affidavits referred to earlier in this decision the application was accompanied by a draft search order nominating an independent supervising solicitor and computer consultant, an undertaking as to damages and a memorandum by Mr Smith Q...

10. [2020] NZEmpC 117 Johnston v The Fletcher Construction Company Ltd [pdf, 222 KB]

    ...Construction from the Employment Relations Authority to the Court. The second one was the Court’s decision about Mr Johnston’s claim. [3] In relation to each proceeding what has been sought is access to the following: (a) The pleadings. (b) Affidavits, including their annexures or exhibits, filed and/or read in open Court. (c) Documents admitted into evidence or read in open Court. (d) Written submissions filed and/or handed up in open Court. (e) Transcripts of evidence....