Search Results

1. [2007] NZEmpC CC 2/07 Mackway-Jones & Anor as Trustees of the Family Start Support Services (Invercargill) Trust v Clark [pdf, 51 KB]

   ...was in about November 2006 – the Ministry identified Presbyterian Support Services as a preferred provider and entered into negotiations with that organisation for a contract to take over the Family Start Service. The evidence contained in the affidavits before me suggests that, although a firm date has not been fixed for that takeover to occur, it is very likely to be within the next two months. That being so, the role of Manager of the Trust is likely not only to be brief but to...

2. Steele v Community Leisure Centre Ltd (Strike-Out Application) [2019] NZHRRT 9 [pdf, 254 KB]

   ...the HRA. [13.2] The plaintiff’s proceeding is trivial, frivolous, vexatious and/or not brought in good faith. [13.3] The plaintiff’s proceeding is an abuse of the process of the Tribunal. [14] The strike-out application was supported by an affidavit by Mr Linklater. Mr Linklater’s affidavit sets out the events that led to and followed the termination of Mr Steele’s membership of the WAC, including the sending by Mr Steele of explicit emails to Mr Linklater, Mr Mullins and ot...

3. 2022-02-11 ORC - MOC - in relation to the scope for relief sought by Mr Cocks [pdf, 205 KB]

   ...memorandum regarding the alleged misalignment between the RP Waste and the Waste Minimisation (Calculation and Payment of Waste Disposal Levy) Amendment Regulations 2021 (Waste Minimisation Regulations 2021). 3 This memorandum is supported by the Affidavit of Ms Dolina Lee dated 11 February 2022. For completeness, the Council notes that there are other submission points on PC1 that it considers are not within scope of PC1. The Council has not addressed these submission points giv...

4. [2017] NZEnvC 160 Auckland Council v Lau [pdf, 2.3 MB]

   ...pre-hearing processes, various directions were made by the Court requiring the Respondents to specify issues, file evidence and identify those witnesses who were required for cross-examination. None of the directions were complied with. Having read the affidavits provided by the Council in support of the application, I determined that I had no questions of any of the deponents who were not required to appear for cross-examination or questioning by the Court. Accordingly, this matter...

5. Hakaraia - Part Raetihi 2B2C3C2A1 (2007) 183 Aotea MB 2 (183 AOT 2) [pdf, 3 MB]

   ...hectares) and the order vesting the Maori reservation in trustees (127 Whanganui MB 141-142) has never been registered against the title . Mr Takarangi has now filed the following: 1. Interlocutory applications (re sections 158 and 151/93) 2. Affidavit of applicants (original) 3. Fax copy of affidavit of Hineitemara Kumeroa (vendor) 4. Fax copy of affidavit of Tamiaha (Ted) Kumeroa (brother of Hineitemara Kumeroa) 5. Unsworn copy of affidavit of Richard Hemara (cousin to Hineitemara K...

6. [2019] NZEmpC 121 Shaw v Bay Of Plenty District Health Board [pdf, 544 KB]

   ...NZERA Auckland 322 (preliminary determination). 2 Shaw v Bay of Plenty District Health Board [2018] NZERA Auckland 390 (substantive determination). [6] Such an application was filed on 5 April 2019; the DHB opposes the application. Affidavits and submissions have also been filed by both parties. Overview of the parties’ cases [7] Ms Shaw’s application for leave outlines the circumstances arising from the Authority’s preliminary determination. It states she w...

7. Ngāti Paoa Memorandum of Counsel 7 September 2018 [pdf, 218 KB]

   ...continuing legal effect or alternatively the Order is likely to be set aside on application by the Trust to the Māori Land Court, analogous to the circumstances in Re Whakatohea (183 Waiariki MB 169, copy attached, at [55]-[59]). The supporting affidavit filed by the Board appears to accept there was an interregnum period, when the Board was not functioning, pending appointment of new Trustees.3 It was the Trust that spoke for Ngāti Paoa on resource management matters. 4 The...

8. ENVC Matiatia party corresp DMI amended applic response 20150302 [pdf, 195 KB]

   ...Box 17181 Greenlane Auckland 1546 2 March 2015 Counsel Instructed: M Casey QC/K R M Littlejohn c/- Quay Chambers POBox 106215 Auckland 1143 1 MAY IT PLEASE THE COURT Introduction 1. This memorandum replies to the submissions and affidavit evidence filed by Waiheke Marinas Limited (WML) in opposition to Direction Matiatia Incorporated's (OM I) application for an order that certain amendments made to the application in these proceedings are "out of scope"...

9. [2006] NZEmpC AC 74/06 Sandifer v Plumbers Gasfitters & Drainlayers Board NZ [pdf, 34 KB]

   ...whether the claim for costs was still being pursued in view of the plaintiff’s claim of impecuniosity. I advised the parties that if the matter of the plaintiff’s ability to pay was in dispute it might be necessary for the plaintiff to file an affidavit setting out his means. [16] On 3 October the defendant advised that it wished to pursue the application for costs and contested the plaintiff’s claim of impecuniosity. It claimed the plaintiff had undertaken investigation...

10. [2015] NZEmpC 91 Burrowes v Commissioner of Police [pdf, 94 KB]

    ...in summary advanced on the basis that a permanent order was necessary for reasons of security and safety due to the plaintiff’s past but also potential future involvement with a Police specialist unit. [4] The application was supported by an affidavit from the plaintiff in which he described the need for security for persons involved in the work of the unit, and referred to incidents where a breach of security could lead to significant concerns for an employee within the unit. H...