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1. Auckland Standards Committee 3 v Yu [2010] NZLCDT 32 [pdf, 153 KB]

   ...the prosecution or resolution of the High Court proceedings, the Society has leave to apply to the Tribunal for further orders or directions including an order rescinding the stay; 1.3 The practitioner will provide the Society with copies of any affidavits filed in the High Court proceedings, any judicial minutes and any ultimate judgment of the High Court; 1.4 If the High Court proceedings settle or are otherwise resolved the practitioner will promptly advise the Society and the...

2. Application for review of Registrar's/Deputy Registrar - decision for waiver or refund of fees [pdf, 27 KB]

   ...which I am notified of the determination of this review AND I would be prejudiced if the matter did not proceed, or the document was not accepted, before a determination is made on this review on the following grounds: [Please state reasons. Attach affidavit in support if necessary.] Acknowledgement of Responsibility to Pay Postponed Fee if Review is Declined I understand that, if my application for the review of the decision of the Registrar or Deputy Registrar is declined, then: (a) I mus...

3. [2016] NZEmpC 148 ALA v ITE [pdf, 66 KB]

   ...advanced on a without notice basis. Mr Ward-Johnson has certified that the application complies with the applicable rules. 1 ITE v ALA [2016] NZEmpC 42. [3] I am satisfied, based on the affidavit filed in support of the application, that serving notice of the application on the defendant would likely undermine the non- publication orders previously made by the Court, that there is a substantial risk that the plaintiff...

4. [2021] NZEmpC 24 Siam Cuisine Ltd v Eder [pdf, 116 KB]

   ...INTERLOCUTORY JUDGMENT OF JUDGE KATHRYN BECK (Application to adjourn a hearing) [1] This proceeding is set down to be heard over five days, beginning on Monday 3 May 2021. [2] The plaintiff is seeking an adjournment on the grounds detailed in an affidavit of Mr Murray Macarthy, the director of the plaintiff, which I will detail further below. The application is supported by the defendant. [3] In December of last year Mr Macarthy received news that his son, who resides in Aus...

5. [2019] NZEmpC 76 Surplus Brokers Ltd v Armstrong [pdf, 193 KB]

   ...1 Armstrong v Surplus Brokers Ltd [2019] NZERA 235 (substantive); Armstrong v Surplus Brokers Ltd [2019] NZERA 355 (costs). indicated that an application for leave to extend time, together with supporting affidavits, would be filed and served.2 [2] All of this is unsatisfactory, particularly given that enforcement action has been pursued in the District Court and the bailiff has attended on the plaintiff company’s premises with a view to upli

6. [2020] NZEmpC 233 A Labour Inspector v Samra Holdings Ltd T/A Puna Liquor Centre [pdf, 165 KB]

   ...without notice freezing and ancillary orders against the respondents under r 32.2 of the High Court Rules 2016.1 [2] On 13 November 2020 the respondents filed interlocutory applications to discharge or vary the freezing orders, together with an affidavit by the sixth respondent in support of the discharge application. That discharge application was set down for hearing on 14 December 2020. [3] On 11 December 2020 the parties advised the Court that resolution discussions between...

7. [2020] NZEmpC 119 BR & SL Porter Ltd v Higgs [pdf, 112 KB]

   ...application. [4] The application was straightforward, ought not to have required significant attendances and was able to be dealt with on the papers. The papers, insofar as the defendant was concerned, comprised of a notice of opposition, an affidavit and brief written submissions. The written submissions were not weighed down with legal analysis. While the parties could have agreed to deal with the application on the basis of a payment into Court, that did not prove possible....

8. 2020-14-Te-Ahu-a-Turanga-Manawatu-Tararua-Highway-Project-Second-Minute-12.8.2020.pdf [pdf, 123 KB]

   ...witness. Once the members of the Court have read the briefs which have been filed they will identify which (if any) witnesses they wish to question. Witnesses who have provided briefs and are not required for questioning by the Court are to file affidavits or affirmations confirming the contents of their briefs and need not attend the hearing. [7] The form of the hearing may be affected by Covid i_ssues. Hopefully all members of the Court will be present in court as per usual practice...

9. File keeping [pdf, 104 KB]

   ...that outlines how you will communicate and manage financial arrangements, confidentiality, personal information, documents, records, conflicts of interest, your duty of care, and how a client can make a complaint. ☐ A signed brief of evidence or affidavit of the client’s account of the events and signed confirmation that the client agrees with the summary of facts. Further advice • You do not need to include research, draft documents or disclosure documents on the file, but th...

10. [2024] NZEnvC 002 Newsome v Auckland Council [pdf, 130 KB]

    ...front yard at 1/213 Lake Road, Belmont, Auckland. Appeal and application for stay [2] The appeal against the abatement notice was filed on 27 November 2023. The appeal was accompanied by an application for stay of the abatement notice. An affidavit in support of that application was filed by the appellants. [3] The Council consents to the application for stay but seeks that it only remains in place until 29 March 2024 for the following reasons: (a) the environment effects assoc...