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1. Tuaropaki Trust Trustees - Tuaropaki Trust (2008) 87 Taupo MB 104 (87 TPO 104) [pdf, 165 KB]

   ...to trustees are proper and to that end I adjourned the matter to chambers for a decision and invited counsel to file any further documents that he wished, to deal with the concerns that I had expressed. Counsel took that opportunity and filed an affidavit by Mr Wetera and a further memorandum. 87 Taupo MB 105 [3] The principles involved in fixing trustees fees are well known. The basic principle is that trustees work as a matter of honour and are not entitled to be paid unless all...

2. Auckland District Law Society v Comeskey [2009] NZLCDT 1 [pdf, 155 KB]

   ...openness of justice is to apply. It is the view of the Tribunal that in order to consider withholding such information from the public there need to be very strong grounds indeed. We do not consider that the grounds disclosed in Mr Comeskey’s affidavit or submissions met this test and that on balance it is in the public interest that this information be made available except as to the detail of the yet untested evidence before the Tribunal. [11] In othe...

3. [2018] NZEmpC 62 Talbot Agriculture Ltd v Wate [pdf, 290 KB]

   ...in reply, if it wished to do so, no later than 4.00 pm on 8 June 2018.1 1 Talbot Agriculture Ltd v Wate (No 2) [2018] NZEmpC 49. [3] The grounds of this application were supplied in an affidavit by the plaintiff’s Managing Director, Jeremy Talbot, who is likely to be its primary witness. His concern is that this revised timetable may compromise the plaintiff’s ability to file briefs of evidence in reply by 8 June 2018....

4. [2018] NZEnvC 128 Shepherd Contracting Limited and D Yu v Auckland Council [pdf, 1.4 MB]

   ...A joint appeal has been filed by Mr Yu and Shepherd Contracting Limited in relation to an abatement notice ABC 21402377 dated 2 July 2018 against Mr Yu. This relates to a property at 6 Moontide Road, Riverhead, 0892, Lot 1 DP142413. [2] In the affidavit filed in support of an application for stay, Mr Putt deposes that Shepherd Contracting Limited leased the property and it is a rural contracting business operated from that site. [3] Although we have not been given a copy of the abat...

5. Pene v Te Ngae Farm Trust [2010] 2010 Maori Appellate Court MB 563 (2010 APPEAL 563) [pdf, 67 KB]

   ...specifically ask for the lower court’s decision to be replaced by an order for an interim injunction. That request was contained in a document which appeared to have been addressed to the Chief Judge. [10] Moreover the Notice of Appeal referred to an affidavit of Natasha van der Wal which purported to give information as to what occurred at the lower court hearing of this matter. Counsel should be well aware that, in accordance with Rule 173 of the Māori Land Court Rules 1994...

6. [2019] NZEmpC 56 Boyd v Blanchard [pdf, 200 KB]

   ...would likely be suffered if no stay was granted and the challenge ultimately succeeded. I am not prepared to make the orders sought on the basis of the material before the Court. For completeness I have considered the reference in Mr Boyd’s affidavit to the fact that he would reluctantly be prepared to make a payment into court if a stay was granted. I am not, however, minded to do so. That is because I am not satisfied that a stay, conditional or otherwise, is appropriate in th...

7. [2018] NZEnvC 230 South Waikato District Council [pdf, 114 KB]

   ...proposal,' the Council submitted that it would be obliged to prepare and file a significant amount of additional evidence. The Council has advised that it does not have sufficient resources to prepare this evidence. Furthermore, the deponent of the affidavit in support of the road stopping proposal is no longer an employee of Council. As such, the Council has concluded that it will not file any further evidence, and seeks that the Court reverse its decision to stop the roads....

8. [2021] NZEmpC 40 The Chief of New Zealand Defence Force v Darnley [pdf, 168 KB]

   ...into a s 149 record of settlement with the Defence Force. I am not prepared to make broad orders of this sort. To do so would be to impose a blanket prohibition in the absence of a factual context (past, present or future). In this regard, the affidavit filed in support of the application makes no reference to any person other than Persons A, B, C and D. If an issue arises in relation to a particular individual (other than Persons A, B, C or D) in the course of these proceedings...

9. [2020] NZEnvC 219 Greater Wellington Regional Council v Crosbie [pdf, 3.3 MB]

   ...Senior Environmental Protection Officer at the Council). The Council has now formally applied for interim enforcement orders against the First and Second Respondents2. The application was served on the Respondents. It was accompanied by supporting affidavits of Mr Luty dated 18 December 2020 and Barry Ainsworth dated 17 December 2020. [3] I have considered the requirements of s 320 RMA. II consider that: • The effect of not making an interim order would be to allow the existing...

10. [2020] NZEnvC 022 Granger v Dunedin City Council [pdf, 167 KB]

    ...applicant failed to comply with timetable directions. The grounds for recall included that the applicant had complied in substance with the court's directions by filing evidence, albeit after the court released its decision.7 [See also the affidavit of Mr S R Clearwater8 which extensively addresses steps taken by the applicant to produce evidence at the direction of the court]. [8] We do not need to reach a view about whether the trustees gave instructions for the evidence to b...