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1. The Elected Representatives v Hauraki Maori Trust Board (2007) 127 Waikato MB 163 (127 W 163) [pdf, 2.7 MB]

   ...panel of mediators. The Elected Reps have also applied for a pre-hearing award of costs under section 79 of TTWMA. This decision concerns the application for pre-hearing costs. [4) The proceedings are still at a very preliminary stage and full affidavits have not yet been filed. The Elected Reps have advised that they plan to adduce some 6-8 affidavits in relation to the JMIO ratification process and that, unlike the Board, the Elected Reps do not have access to the Trust fund or pa...

2. Memorandum of Counsel for Auckland Council 9 July 2018 [pdf, 4.8 MB]

   ...determined by the Environment Court instead of the Council, then the Applicant must:    •          notify the Court of its intention within 15 working days by lodging a 'notice of motion' and supporting  affidavit with the Court; and    •          serve a copy of the 'notice of motion' and affidavit on the Council and on every person who made a  submission on the RC Application.    The�...

3. ET Ltd v District Council [2021] NZDT 1317 (20 January 2021) [pdf, 224 KB]

   ...$200 filing fee for an appeal. You can only appeal outside of 28 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...

4. LCRO 195/2016 AJR v BKT (29 October 2018) [pdf, 159 KB]

   ...terms like “property ventures limited”, “(ABL)”, “dweller”, “forbes”, “noone”, “parasite”, “vineyard”, “wine”. Parties were consulted. The keyword list was amended. The Court directed the liquidator to prepare an affidavit listing the documents in his possession as plaintiff. The process went on and Mr AJR was included in it. The Court expressly gave him the opportunity to raise objections. [13] Further attempts were made to refine discovery. Th...

5. UI v DW Ltd [2021] NZDT 1528 (8 September 2021) [pdf, 245 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 determinat...

6. [2021] NZEnvC 134 Dunedin City Council v Ross [pdf, 302 KB]

   ...undertake the clearance by way of tracked digger. The Council did not call evidence to rebut the expertise of Mr Ross, despite knowing that was going to be advanced. Instead, the Council adduced evidence from Ms Helen Dempster in the form of two affidavits.16 The Court addressed Ms Dempster’s evidence in relation to the efficacy of the vegetation clearance for the purpose of fencing at [34]-[40] and concluded that:17 I find these expressions of opinion unreliable in view of the...

7. [2022] NZEnvC 147 BA Building Limited v Dunedin City Council [pdf, 579 KB]

   ...Standards to Section 15 Residential Zones; and (d) adding an exemption to Rule 8A5.8 Removal, of high class soils so that this rule does not apply within the Henderson Street Structure Plan Mapped Area. [3] I have also read and considered the affidavit of Mr P B Rawson who has satisfied me that the amendments proposed are appropriate and that granting the 3 relief sought will not impact on the resolution of any other proceeding.1 Other relevant matters [4] Ms J D Stadnyk (...

8. W v Secretary for Justice [2023] NZRA 003 (5 May 2023) [pdf, 225 KB]

   ...appropriate and which (if any) should be abandoned), or (again in a civil case) selecting and prosecuting appropriate interlocutory steps such as discovery, further particulars, or interrogatories. Judges and judges’ clerks do not prepare affidavits or briefs of evidence, and nor do they draft written submissions or present oral arguments. They are not required to make tactical or strategic choices as to which matters should be argued and which should not. They do not plan an...

9. Leef - Panguru A61B1 (2023) 267 Taitokerau MB 107 (267 TTK 107) [pdf, 265 KB]

   ...Taitokerau MB 110 He aha te whānau e kōrero nei? What do the whānau say? [10] Most of Haimona’s whānau support this application. This includes his brothers Robert and Manukau, and George’s de facto partner, Hurimae Latimer. They deposed affidavits confirming they knew of the agreement between George and Haimona. They all agree that Haimona should receive the family home and George’s interest in the land. [11] Maihi Makiha, the chairperson of the Te Haa Breath of Li...

10. MC & TC v B Ltd [2023] NZDT 531 (27 September 2023) [pdf, 253 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...