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1. [2013] NZEmpC 169 Super Finance Ltd v Thompson-Friend [pdf, 50 KB]

   ...broad discretion in relation to applications for stay, which must be exercised judicially and according to principle. The overriding consideration is the interests of justice. 2 [4] Mr Raza, the director of the plaintiff company, has sworn an affidavit identifying concerns about the defendant’s “precarious” financial position and her ability to repay if the challenge (which he says is being pursued on a bona fide basis) succeeds. He suggests that the Authority Member over...

2. [2014] NZEmpC 112 Franix Construction Ltd v Tozer interlocutory [pdf, 57 KB]

   ...consideration in the exercise of the discretion must be the interests of justice. [5] The plaintiff’s application is essentially advanced on the basis that if the plaintiff succeeds on its challenge the benefit of that success will be lost. An affidavit has been filed in support of the application. Mr Davies, the plaintiff company’s sole director and shareholder, says that he is concerned that if the sums ordered by the Authority are paid to Mr Tozer, he will “never see it...

3. [2014] NZEmpC 181 D’Arcy-Smith v Natural Habitats Ltd [pdf, 74 KB]

   ...Auckland 287. 2 D’Arcy-Smith v Natural Habitats Limited [2014] NZERA Auckland 237. [3] By a Minute dated 5 September 2014, the Court allowed NHL the period of 14 days to file and serve any evidence in opposition to Mr D’Arcy-Smith’s affidavit evidence filed in support of the claim. NHL did not do so and relies only on its notice of opposition filed on 20 August 2014 and the submissions contained in its email to the Registrar of 23 September 2014 which are not evidenc...

4. Application for personal Order in respect of applicant - PPPR3 [pdf, 93 KB]

   ...……………………………………………………………………………………….. [occupation] Person the application is about [Set out full description of document (including whether it is made with or without notice), its date, and, in the case of an affidavit or affirmation, the name of the eponent and in whose support it is filed.] d This document is filed by [name and address for service, and, if filed by lawyers, the name and telephone umber of the...

5. Wells 6 August 2015 NZSHD 8 [pdf, 79 KB]

   ...pursuant to s.23 of the Act. [6] On 20 July 2015 the applicant filed a formal application for a Waiver of his disqualification with the Authority. It was accompanied by a document which was prepared by the applicant. The document is headed up “Affidavit” and is signed by 2 the applicant and witnessed by the Watchhouse Keeper at the Richmond Police Station. [7] The applicant’s statement makes it clear that he made a silly youthful mistake four years ago by not attending pr...

6. WHT - Guidelines for self represented respondents on documents required for hearing [pdf, 75 KB]

   ...should be numbered and the appendices indexed. 3.3 Documents that have previously been provided as either discovery documents or in procedural applications that may be relied upon at hearing, should be re-filed as part of the hearing documents. Affidavits or witness statements filed in relation to procedural applications will generally be transferred to the hearing file and accordingly do not need to be filed again with the hearing documents. 3.4 All hearing documents (i.e. witne...

7. 20 June 2018 V Taueki v Horowhenua District Council [pdf, 103 KB]

   ...then the Court may order the party or parties to pay any costs and expenses incurred by the Crown or another party. This may happen where the hearing time allocated by the Court is not used. 3 EVIDENCE The parties must follow the exchange of affidavits as directed by the Court Minute of 15 May 2018. 4 MAORI LANGUAGE AND SPECIAL REQUIREMENTS If any party or witness: 1. wishes to speak Maori at the hearing under the Maori Language Act 1987, or 2. has special needs (for example in r...

8. Trustees of Tarawera C9 - Tarawera C9 (2004) 175 Napier MB 212 (175 NA 212) [pdf, 586 KB]

   ...the Trustees of Tarawera C9 pursuant to s237/93 and clause 9 of the Trust Order for the approval of an annual payment of $1500.00 per Trustee in addition to attendance and other fees previously approved. 2. The application was accompanied by an affidavit of Ewan Richard Gardiner, Chartered Accountant, Napier who confirmed that at the Annual General Meeting of the Trust on 13 December 2003 it was resolved that the Trustees receive an annual trustee fee of $1500.00 per person as well as t...

9. Waikato Bay of Plenty Standards Committee 1 v Buschman [2019] NZLCDT 21 [pdf, 157 KB]

   ...been proved, the hearing before the Tribunal has been by way of formal proof on the papers. The Tribunal has been mindful of its duty to ensure a fair hearing in the absence of the respondent.1 [6] Proof of the charge has been provided by the affidavits of ALW, the employer, and Claire McInnes, Legal Standards Officer. The evidence discloses the unlawful transfer of $2,947.71 into the respondent’s bank account, achieved by means of the unauthorised use of her employer’s passwo...

10. DH v AF Ltd [2021] NZDT 1475 (22 January 2021) [pdf, 163 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...