Search Results

1. [2024] NZEnvC 234 Bacon Butty Limited v Auckland Council [pdf, 193 KB]

   ...issued by Auckland Council on 12 July 2024 requiring Bacon Butty Limited cease operation of a take-away food bar at 70 Kokihi Lane, Snells Beach by 9 August 2024. The appeal was accompanied by an application for stay of the abatement notice. An affidavit in support of that application was filed by the Appellant. All were filed on 2 August 2024. Stay of abatement notice [2] By decision dated 13 August 2024,1 a stay of abatement notice was granted until 30 September 2024. A repor...

2. [2025] NZEmpC 75  QO v MYN [pdf, 165 KB]

   ...[5] Costs are sought on a 2B basis. Counsel for MYN (who was not counsel during the hearing) confirms that MYN’s actual costs exceeded scale costs, and notes that an adjustment to scale costs might reasonably be made to reflect the fact than an affidavit filed in support of the company’s opposition was brief. I agree that a reduction is appropriate, and consider an allowance of time equating to half a day is reasonable in the circumstances. I also consider that a downwards adju...

3. [2024] NZEmpC 203 Soundhomes NZ Limited v Doughty (No 3) [pdf, 143 KB]

   ...interest-bearing account until further order of the Court. [8] The issue as to whether the freezing order will continue will be reviewed at 10 am on 18 November 2024. For the purposes of that hearing: (a) the parties are to file and serve further affidavits by 4 pm on 1 November 2024; and (b) the parties are to file and serve submissions relating to the risk of dissipation by 4 pm on 13 November 2024. [9] I reserve leave to the parties to apply for any necessary amend...

4. [2024] NZEnvC 270 Bacon Butty Limited v Auckland Council [pdf, 193 KB]

   ...Auckland Council on 12 July 2024 requiring that Bacon Butty Limited cease operation of a take-away food bar at 70 Kokihi Lane, Snells Beach (Site) by 9 August 2024. The appeal was accompanied by an application for stay of the abatement notice. An affidavit in support of that application was filed by the Appellant. All were filed on 2 August 2024. Stay of abatement notice [2] By decision dated 13 August 2024,1 a stay of the abatement notice was granted until 30 September 2024....

5. [2023] NZEmpC 219 ELG v KLE No-2. [pdf, 138 KB]

   ...storage devices. Access was also provided to 12 cloud accounts. Some physical items were immediately returned to ELG by agreement. [4] Accompanying Mr Towner’s report was a memorandum from Ben Crossman at Deloitte. Mr Crossman also swore an affidavit explaining steps taken by him during the search and the next phase of Deloitte’s forensic analysis. The nature of that analysis means it is unlikely to be concluded for several weeks. [5] In addition to hearing from Mr Towne...

6. Non-publication orders

   ...one or more of the grounds listed below is met: Interests of justice Decency Public order Personal privacy When submitting an application for a non-publication order, you must include written statements of fact that support your reasons for applying (affidavit evidence). Examples of written statements of fact include: reports from a specialist medical professional with intimate relevant knowledge of those involved evidence of any relevant employment matters. Your application must clearly st...

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7. [2021] NZEnvC 006 Bay of Islands Maritime Park Inc v Northland Regional Council [pdf, 694 KB]

   ...within saltwater or brackish water? • Does the natural wetland include freshwater, brackish water and saltwater within the CMA? • Do our conclusions affect the jurisdiction of the Court to proceed? [8] In accordance with directions, an Affidavit had been filed by Dr Phillipe Gerbeaux, a recognised expert on wetlands both in New Zealand and internationally. No party disputed the contents of his Affidavit and this was accepted by the Court on the basis that no party or the Cou...

8. Booth v Herlihy - Waikoukoutauanui 6B 6C and 6DB [2020] Chief Judges MB 632 (2020 CJ 632) [pdf, 327 KB]

   ...forthwith 2020 Chief Judge’s MB 635 Identification of evidence that may be of assistance in remedying the mistake or omission 10. The applicant has provided the following documents in support of his application: a. Applicant’s unsigned affidavit of Richard John Booth (Appendix 1). In brief the applicant claims that: i. He purchased three-fifths shares from William Henry Mawson in each of the three blocks; ii. Copies of the historic titles for the blocks records t...

9. [2020] NZEmpC 51 O’Boyle v McCue [pdf, 298 KB]

   ...plaintiffs filed a challenge to the objection to disclosure on these grounds: a) The documents were relevant and could support the plaintiffs’ case that the defendant was not constructively dismissed. b) Reference was made to an accompanying affidavit from Ms O’Boyle who said that the plaintiffs had until recently been unaware Ms McCue had been on medication, or that she had been suffering from any form of mental illness during the course of her employment; and they were u...

10. [2017] NZEmpC 152 Performance Cleaners v Chinan [pdf, 546 KB]

    ...pleaded. [16] It is also argued that if the Court were to find that there was a defect in the company’s pleadings, then an opportunity to amend the statement of claim should be given. [17] The application for strikeout is supported by an affidavit of Ms Chinan, which in turn refers to evidence outlining the history of the litigation. For the 4 JP Morgan Chase Bank NA v Lewis [2015] NZCA 255, [2015] 3 NZLR 618. company...