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1. Affidavits & statutory declarations

   Affidavits and statutory declarations are examples where you set out your evidence in a written form and sign in front of a person who is authorised to take declarations and administer oaths. An affidavit, setting out your evidence, may be either sworn on oath or by way of affirmation before an authorised person.  An oath is sworn on a religious book such as the Bible or Qur’an. An affirmation is an oral statement declaring that the written contents are true, instead of taking an oath A statu...

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2. EMPC Affidavit of document service [docx, 99 KB]

   [bookmark: Affidavit]In the Employment Court (Auckland, Wellington or Christchurch) Registry No: (court case number, i.e. EMPC xx/20xx) Under the Employment Relations Act In the matter of (specify matter to which the proceeding relates i.e. Challenge to determination) Between (full name, place of residence, occupation) Plaintiff/Applicant (Note: If more than one plaintiff or applicant list them separately as 2nd plaintiff/applicant, 3rd plaintiff/applicant etc) And (full name, place...

3. [2018] NZEnvC 178 The Friends of Sherwood Trust & Ngati Paoa Trust Board v The Chief Executive of the Auckland Council [pdf, 2.6 MB]

   ...the Auckland Environment and Peace Centre Trust, an entity incorporated under the Charitable Trusts Act 1957. It was unclear at the hearing whether the Friends of Sherwood still maintained its Charitable Trust Act status. Mr Hilton, who filed an affidavit supporting the Friends of Sherwood's application, described himself as a trustee of it at a time when it was considered that the correct applicant entity was the Friends of Sherwood Trust. The status of the Friends of Sherwood...

4. Affidavits

   If you file an application with the Family Court you’ll usually need to file an affidavit with it. An affidavit is a written document that includes detailed information about your situation and what you’re asking the court to do. This information is your evidence that supports the reasons why you are asking the court for help.

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5. [2020] NZEnvC 149 Environmental Defence Society Inc v New Zealand Aluminium Smelters Limited [pdf, 213 KB]

   ...registry of the court and include a register or index, a published list that gives notice of a hearing, a judgment, an order, or a minute of the court, including any record of the reasons given by a judicial officer. The definition does not include affidavits as sought by Ms Phipps' application. [4] Where a person is not entitled to access a document relating to a proceeding as of right, Rule 11 provides the option to make a written request for access. Rule 11 has several proce...

6. [2022] NZEnvC 215 Southland District Council v Peter Chartres [pdf, 958 KB]

   ...the lawfulness of the decisions made by the Council officers to commence the proceedings. Allegations of unlawfulness made by the Council [6] The August application was accompanied by a memorandum of counsel (‘counsel’s memorandum’) and affidavits of Mr Roy, planner at the Council, and Mr Davis, an ecologist, sworn on 14 August 2020, together with the earlier affidavits of these witnesses sworn in June 2020 and filed in support of the interim order made by the court. [7]...

7. [2011] NZEmpC 117 Advkit v Weston Rehearing [pdf, 84 KB]

   ...contended that had the Court known of the false evidence, her credibility as to her account concerning the end of her employment might have been affected and prevented the Court from finding in her favour. [4] The application was accompanied by affidavits verifying the grounds from Mr Dixon-McIver, the managing director of Advkit, and his wife, Mrs Dixon- McIver. The affidavits refer to enquiries Mr Dixon-McIver made of people in Upper Hutt about Mrs Weston subsequent to her emp...

8. Applying-for-a-Limited-Licence-Guide-CL-2024.pdf [pdf, 357 KB]

   ...check if there are other options available to them (such as public transport or car-pooling). If you argue that losing your licence would cause undue hardship to someone else, you’ll need to get that person to provide evidence through an affidavit (see the end of this guide for template forms) – just a letter or email from them won’t be enough. They might also be asked to appear in court to be asked questions by the judge or the police, however this is very unlikely....

9. [2019] NZEnvC 084 Kilmarnock Farm Limited v Canterbury Regional Council [pdf, 8.7 MB]

   ...section 310(h) RMA as follows: That Water Permits CRC170217 [and CRC142894] issued by the Canterbury Regional Council and held by Ki lmarnock Farm Limited [have] been given effect to and therefore [have] not lapsed under section 125 of the [RMA]. Affidavit of I B Deans, exhibit C [Environment Court document 3]. 3 [5] The application is supported by affidavits2 of Mr I B Deans, sole director and shareholder of Kilmarnock, Mr M D Craighead, a soil and plant nutrient consultant fro...

10. Application for a Harmful Digital Communications order [pdf, 844 KB]

    ...above if there is evidence they have been encouraged to engage in harmful digital communications towards you. Please provide details: Step 5 Tell us why you need an Harmful Digital Communications order This step you will need to provide an ‘affidavit’. An affidavit is written evidence, so you will need to swear or affirm that what you write is true. (To swear is to make a religious promise; to affirm is to make a non-religious promise.) You can do this at your local District...