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1. Originating Application on Notice [docx, 40 KB]

   ...application. Most originating applications will have to be on notice (which means the other party/parties are given the opportunity to oppose the application). If you wish to rely on any evidence in support of your application, this must be in the form of an affidavit. This must be filed and served at the same time as the application. How to use the template All the required fields are set out in the template on the following two pages. The sections that you have to fill out are marked...

2. BQ v KE [2021] NZDT 1538 (22 January 2021) [pdf, 164 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...

3. [2021] NZEmpC 103 Woolford v Tech Data Advanced Solutions (ANZ) Ltd [pdf, 170 KB]

   ...Ltd [2021] NZERA 197 (Member Arthur). [2] The company has not yet made payment to Mr Woolford of the amounts ordered against it. In the circumstances it is perhaps unsurprising that it does not oppose a stay. Mr Woolford has filed an affidavit in support of his application. It is essentially brought on one ground, namely that he wants to avoid being put in the position of having to repay any money in the event that his challenge (which is being pursued on a de novo rather...

4. [2023] NZEmpC 226 Turner v Te Whatu Ora – Health New Zealand [pdf, 156 KB]

   ...costs it is claiming. [3] The scale costs total $26,887.50, which includes provision for second counsel ($2,987.50). [4] Mrs Turner does not dispute the quantum of costs submitted by Te Whatu Ora but notes she is in an impecunious position. No affidavit has been filed by Ms Turner. Nevertheless, based on the evidence heard in the substantive proceedings, I accept that she will have suffered significant financial loss because of her dismissal. [5] Mrs Turner wishes to pay her cos...

5. [2023] NZEnvC 212 KiwiRail Holdings Limited v Taranaki Regional Council [pdf, 177 KB]

   ...called “Gravel Lock”. End of October 23 3 Appeal and application for stay [3] KiwiRail filed an appeal against the abatement notice on 20 September 2023. The appeal was accompanied by an application for stay of the abatement notice. An affidavit in support of that application was filed by Christopher Kells. [4] The Council consents to the application for stay. [5] The parties also seek an adjournment of the appeal until 27 November 2023 on the grounds that an adjour...

6. Auckland Standards Committee 5 v Nicholls [2024] NZLCDT 38 (27 November 2024) [pdf, 88 KB]

   ...must be that he has benefitted. [4] We record that Mr Nicholls expresses sorrow for the inconvenience caused by his actions, but we do not find this convincing in the absence of any useful information about what began the landslide. In his affidavit evidence, Mr Nicholls distanced himself from his actions and did not explain the circumstances around his defalcations. [5] Unanimously, we find there is no appropriate response short of strike-off. Even if Mr Nicholls had not got...

7. NL v XS [2024] NZDT 320 (29 April 2024) [pdf, 82 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working 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 determina...

8. Justice of the Peace

   ...Justice of the Peace Justices of the Peace have no inherent jurisdiction and may exercise only those powers given to them by legislation. Other duties of a Justice of the Peace include the: witnessing of documents taking of declarations swearing of affidavits or affirming affirmations. Functions of a Justice of the Peace in the District Court A limited number of JPs undertake judicial duties within the District Court. Judicial JP functions include: jurisdiction determined by statute, includi...

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9. When you both agree to get a divorce

   ...then you both need to fill in the forms: Note: When you print the forms it's important to print them single sided. Joint application for divorce (Order dissolving a marriage or civil union) You don’t have to fill in the forms together or swear the affidavit together. You can do this separately. You’ll also need to include: an original or certified copy of your marriage or civil union certificate (this is not the document you signed on the day of your marriage or civil union). Here is an ex...

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   3. Apply for a divorce

10. [2007] NZEmpC CC 22/07 NZ Amalgamated Engineering Printing & Manufacturing Union v Air Nelson Ltd [pdf, 54 KB]

    ...sensitive affidavit evidence [32] We confirm the permanent order that we made at the end of the hearing in respect of commercially sensitive freight contracts and details of the union’s financial situation. No person is to have access to the affidavits on the court file dealing with that information without leave of a Judge and after the parties have had an opportunity to be heard. Costs [33] We reserve costs. Our present inclination is to regard this as a test case in which...