Search Results

1. [2012] NZEmpC 219 Matsuoka v LSG Sky Chefs NZ [pdf, 150 KB]

   ...Court and that it is not appropriate for Kensington Swan to be acting for both Mr Matsuoka and for Pacific. Pacific is not a party to the Employment Court proceedings. [8] In accordance with an agreed timetable, the parties exchanged memoranda, affidavits and summaries of submissions before the interlocutory hearing. LSG claims that a conflict of interest has arisen because Kensington Swan acted for Pacific in the High Court proceedings and now also acts for the plaintiff in the...

2. [2018] NZEmpC 100 Elisara v Allianz NZ Ltd [pdf, 303 KB]

   ...Court may make a verification order if satisfied of the probable existence of the document or class of documents specified. [16] The Court must be satisfied that, in all of the circumstances before it, such an order is appropriate. Where an affidavit has been filed stating that disclosure has been completed, the Court will hesitate to look behind it. In the present case an affidavit was filed on behalf of the defendant shortly before the hearing. However, it falls short in prov...

3. FV Notice of Intention to Appear [pdf, 186 KB]

   ...Temporary Order(s) was made on: D D M M Y Y Y Y  (date) Select the option(s) that applies  Protection Order  Occupation Order  Tenancy Order  Ancillary Furniture Order  Furniture Order PAGE 4Notice of intention to appearV1 June 2019 Affidavit in support Note: You must file an Affidavit with this notice. Your Affidavit must: (a) set out sufficient details to indicate the reasons for giving notice; and (b) state whether the facts given in the Affidavit in support of the a...

4. [2016] NZEmpC 93 Radius Residential Care Ltd v NZ Nurses Organisation [pdf, 72 KB]

   ...where other remedies are sought, and even in the same proceeding. [5] As a result of the findings in the interlocutory judgment, Chief Judge Colgan directed: 3 (a) The first and second defendants (the unions) are to file an affidavit or affidavits including or annexing lists of their documents relevant to the proceedings. This is to be done within the next 14 days. (b) Each document or group of documents must contain a reference to its general nature, the date of its creatio...

5. [2022] NZEmpC 203 Potgieter v Bliss Beauty NZ Ltd [pdf, 147 KB]

   ...interest on the lost wages; and a penalty of $7,000 for breach of s 65 of the Act, $5,000 of which was to be paid to the applicant. It appears that none of these orders have been satisfied. [3] The application now before the Court is supported by an affidavit by the applicant. Draft proposed orders have also been filed, together with an undertaking as to damages, an affidavit as to the applicant’s financial ability to meet an order for damages pursuant to the undertaking, and a...

6. [2019] NZEnvC 150 Arthurs Point Outstanding Natural Landscape Society Incorporated v Queenstown Lakes District Council [pdf, 12 MB]

   ...However that is a cross-submission16 in response to primary submissions and so never required summarising in the first place. [16) 13 14 15 16 17 The Society seeks that the enforcement order is made on the following terms 17 : CA Barr affidavit 14 June 2019 at [12.5] [Environment Court document 15]. The legal description is Pt Sec 1 SO 24074 Lots 1-2 DP 307630. The legal description is Lot 2 DP 393406. Under clause 8 Schedule 1, RMA. Amended application for enforcement...

7. Auckland Standards Committee 1 v Hart [2012] NZLCDT 20 [pdf, 455 KB]

   ...evidence because Mr Hart says: “When I instructed Mr D I made it clear to him that payment for his work was subject to the LSA accepting his quote. I never told him that he would be paid within a month of invoice as set out in paragraph 3 of his affidavit.” [15] He went on to confirm that the client had no financial resources and therefore there was never any prospect of an alternative arrangement for payment having been made. [16] Because of Mr Hart’s non-attendance at the h...

8. [2021] NZEnvC 047 Netherlea Hobsonville Limited v Hamilton City Council [pdf, 1.7 MB]

   ...condition 9 so that it requires the landscaping to be in general accordance with the plan that is attached as Schedule 1 to this Order. [7] After considering the draft consent orders it was determined that it was appropriate for the Council to file an affidavit which addressed their change in position in relation to the application for extension of the lapse period and the reasons for that change. 3 The affidavit was also to include: (a) References to the decision on the objection an...

9. Employment Court Practice Directions [pdf, 492 KB]

   ...it adequately identifies the signatory’s approval of the contents and is as reliable as is appropriate in the circumstances including any subsequent confirmation by means of paper-based copies. Where signatures are required to be affixed to affidavits or statutory declarations, electronic versions of such documents (other than facsimile copies) may either contain an electronic signature (as qualified above) or may be filed electronically without such a signature if an original pa...

10. Pouakani Claims Trust v Tuaropaki A Trust - Pouakani Claims Trust (2006) 83 Taupo MB 155 (83 TPO 155) [pdf, 663 KB]

    ...inaction by the Board unnecessarily delaying the hearing of the application; (d) the respondents were directed to file evidence by 22 April with rebuttal evidence to be filed and served by 6 May 2005. On 4 May 2005 the Board filed three sworn affidavits and two futiher drafts, which ultimately were identical to their final form. Minute Book: 83 TPO 158 It could not be argued then, that the applicant was put to additional cost when dealing with the last two affidavits; (e) on 1...