Search Results

1. [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...

2. 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...

3. 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...

4. [2019] NZEmpC 157 Van Kleef v Alliance Group Ltd [pdf, 475 KB]

   ...consider it appropriate to deal with the notice of application and notice of opposition on their merits, since both parties proceeded on the basis that these documents summarise the issues which need to be resolved. [11] Both parties filed affidavits supporting their positions. In her affidavit, Ms Van Kleef in summary referred to documents she had obtained from various sources which she submitted supported her contention that there were indeed further relevant documents...

5. Ahoy v Henare - Parengarenga 3G Ahu Whenua Trust (2015) 108 Taitokerau MB 66 (108 TTK 66) [pdf, 158 KB]

   ...a change of venue for the hearing of the Plaintiffs’ proceeding. The basis of the application is the allegation that death threats have been made against Mr Henare and his counsel, Simon Reeves. The application is supported by Mr Henare’s affidavit of 28 July 2015. The application is opposed by the Plaintiffs, who are represented by Peter Andrews. Stephanie Henry, the Second Named Fourth Defendant and Fifth Defendant, who is represented by Greg Presland, supports the applica...

6. [2017] EmpC 92 P v A [pdf, 111 KB]

   ...statement of claim; (c) there is no prejudice to the plaintiff if leave is granted to the defendant to file its statement of defence to the claim; (d) the overall justice of the case. [5] In support of the application, the defendant has filed an affidavit from C dated 3 May 2017. C is the People and Culture Manager for A. She is based in the 1 Employment Court Regulations 2000, r 19(2). New Plymouth branch of the def...

7. Brown v Christchurch City Council [pdf, 38 KB]

   ...this matter needs to go to a full hearing 3. It has been submitted the application concerning Ms Frankland cannot be determined at this juncture. The Tribunal rejects this submission. All relevant matters are before the Tribunal in either affidavit form or in the documents including the sale and purchase agreement. There is nothing to justify the expense of parties continuing in the proceedings if there isn’t sufficient evidence. In this case the fourth respondent was not...

8. Twigley v New Zealand Law Society [2023] NZLCDT 28 (18 July 2023) [pdf, 148 KB]

   ...of a fit and proper person to again be entrusted with the responsibilities and privileges of a lawyer and as an officer of the court. We examine whether this is correct in the next section. Applicant’s evidence [15] Mr Twigley provided two affidavits in which he described, in considerable chronological detail, the course of his life, both personal and professional, and the events which he considered had led him into misconduct. [16] Character references and affidavits in suppor...

9. [2010] NZEmpC 118 Burtton & Browne v Talley's Group Limited [pdf, 24 KB]

   ...the object of the Act. That requirement also applies to the Court on a challenge. Even if it did not, s 127(7) makes it clear that such a proceeding must be dealt with as an interim injunction would be. Such cases are dealt with generally on affidavit evidence and in respect of which leave to cross-examine any witness is generally required. The interlocutory procedures for document disclosure that apply to substantive hearings are generally inapplicable to such interlocu...

10. [2012] NZEmpC 37 Anto v Planet Spice Ltd [pdf, 68 KB]

    ...statement of defence and a further one and a quarter days ($2,350) are claimed for: ... 4.10 Filing memorandum for case management conference or mentions hearing 4.13 Preparation for hearing of defended interlocutory application and supporting affidavits 4.14 Preparation for hearing [6] Up until 1 February 2011, the defendant had been represented by Mr Higgins, in-house counsel with the Hospitality Association of New Zealand. Mr Higgins filed the statement of defence...