Search Results

1. [2024] NZEnvC 088 Henderson v Selwyn District Council [pdf, 353 KB]

   ...text in the legend of Plan SCA-AD1 Outline Development Plan. The agreement reached resolves the appeal. [4] In making this order I have read and considered the notice of appeal, the consent memorandum of the parties dated 21 March 2024 and the affidavit of Jocelyn Margaret Lewes2 in support of the consent memorandum. Other relevant matters [5] No other person has given notice of an intention to become a party under s274 RMA. [6] The court is making this order under s279(1) of t...

2. Lawrence v Accident Compensation Corporation (Late Filing to the District Court) [2023] NZACC 130 [pdf, 130 KB]

   ...not accepted because the copy of the review decision which he submitted was not signed (this unsigned copy was sent to his advocate on 6 May 2023, and Mr Lawrence received this on 14 May 2023). The application for late filing was supported by an affidavit from Mr Lawrence dated 18 July 2023, with annexures. [4] On 26 July 2023, Mr Castle for the Corporation submitted that Mr Lawrence’s notice of appeal was effectively lodged in time and the Corporation did not oppose the grant of...

3. 2023-09-26-SOE_Sarah-Newall_Site-Contamination.pdf [pdf, 150 KB]

   ...be appropriate. [10] I am available to answer any questions from the Court arising from my combined s87F and s198D Report. If the Court does not require my appearance at the hearing, I can confirm the contents of this statement of evidence by affidavit. 26 September 2023 Sarah Helen Newall

4. [2024] NZEnvC 097 Hartley v Auckland Council [pdf, 110 KB]

   ...authority or consent authority whose abatement notice is appealed against; and (d) such other matters as the Judge thinks fit. Determination [5] I note that the Council does not oppose the application for stay. In addition, I have reviewed the affidavits of Mr Moore, (surveying), Mr Guthrie (architecture) and Mr O’Connor (planning) and am satisfied that the area of non-compliance with the height limit is relatively small and given the nature and location of the fence and the...

5. [2024] NZEnvC 218 Poyner v Auckland Council [pdf, 180 KB]

   ...of s 9(3) of the Resource Management Act 1991 (RMA) and a rule in the Auckland Unitary Plan (Operative in Part) (AUP(OP)), namely Activity Table D18.4.1(A4). Application for stay of Abatement Notice [3] The stay application was supported by an affidavit of Zoe Matilda Rogers sworn on 5 August 2024. [4] Mr Poyner contends that it is unreasonable to comply with the Abatement Notice because: (a) The removal of the cladding was necessary for safety and compliance with the Building...

6. Respond to an application for a Non-Contact Order

   ...it on the other person. Get help to fill in the form If you need help to fill in the forms you can: visit your local court ask a lawyer. If you can’t afford a lawyer you may be able to get: legal aid free community legal help Find out more about affidavits and statutory declarations Fill in the form Fill in 1 of these forms.Use this form if you have received a letter from the court saying that someone has applied for a Non-Contact Order against you and you don’t agree that they should...

   Located in:

   1. Courts >
   2. Civil >
   3. Non-Contact Orders

7. National Standards Committee 1 v Deliu [2016] NZLCDT 26 [pdf, 408 KB]

   ...are evidence of the background to the allegations, and of what the practitioner relied on to establish his allegations, and they prove his conduct to that extent – they are not relied on as proof of any fact in those proceedings. [55] The affidavits admitted were as follows: [a] An affidavit made by the practitioner on 9 September 2008 in support of a recusal application made by his then clients, L. It was not made in support of the originating application that is the subject o...

8. [2011] NZEmpC 87 Mason Engineers NZ Ltd v Hodgson oral judgment [pdf, 48 KB]

   ...directed in that judgment, the matter has been called in court at 10 am. 2. There was no appearance for the defendant which is consistent with what Ms Mansell tells me about the events that have occurred in the last week. I am satisfied by an affidavit of service that this proceeding, including the statement of claim and the Court’s oral judgment of 8 July 2011, 1 as well as the other documents, were served on the defendant personally on Tuesday 12 July 2011 at 9.30 am. 3. The...

9. [2015] NZEmpC 47 SSO v NCE [pdf, 78 KB]

   ...directed to be served on NCE and his counsel that day. The application for stay on notice was to have been called in court at 10 am on Monday 13 April 2015 and NCE was given until 5 pm on Friday 10 April 2015 to file and serve notice of and any affidavit evidence in opposition to the plaintiff’s application for stay. [6] As a result of discussions between the parties’ representatives, they jointly sought further stay orders on 9 April 2015. On the following day, 10 April 2015,...

10. [2014] NZEmpC 50 Stevens v Hapag Lloyd interlocutory [pdf, 51 KB]

    ...will include the extent of the delay, the reasons for the delay, whether the delay is adequately explained, any prejudice resulting from granting or refusing leave and whether there is an arguable defence to the claim. [7] Ms Stevens has sworn an affidavit in support of the application and Ms Hartdegen has filed a draft statement of defence, together with a memorandum of counsel. It is apparent that the delay was the result of an inadvertent mistake by counsel, who miscalculated t...