Search Results

1. [2018] NZEmpC 59 Nel v ASB Bank Ltd [pdf, 329 KB]

   ...B on 20 April 2018 about this matter, going on to refer to these and other circumstances for the purposes of expressing an opinion that she believed acceptance of resignation by Mr Nel would not have been appropriate. [16] Ms B also filed an affidavit stating that she had not come forward prior to her conversation with Ms Restall, because the incident had been unpleasant and she wished to put it behind her. She did so recently, she said, because she was now a colleague of Ms A’...

2. LCRO 227/2016 YL and QR v TR [pdf, 243 KB]

   ...applicants provided additional reasons for the review application: The Committee wrongly assumed that the partners ‘owed’ or potentially owed the sum of $10,423.13 to the TRs, rather than the lesser sum of $2,259.90. [19] This was accompanied by an affidavit from each of the applicants in which they took issue with the amount ordered to be paid by the partners to Mr and Mrs TR. Delegation/recusal [20] This review has been undertaken by Mr Vaughan who has been appointed a del...

3. [2017] NZEmpC 149 P v A [pdf, 184 KB]

   ...has sought orders to quash the determinations among other remedies; in support of his claims there were about 60 pages of documents with the Employment Court up until the date of interlocutory judgement, which includes about 6 pages of affirmed affidavit evidence. 10 The plaintiff submits that while the judgment itself was interlocutory to consider to file statement of defence out of time, the critical, negative and scrutinising remarks about the plaintiff nevertheless reveal a pe...

4. LCRO 178/2014 ZO v BV (15 June 2018) [pdf, 127 KB]

   ...a distinction without a difference and I do not consider that it advances his substantive application for review. [72] The extent to which Ms QX was adopting a position at odds with Ms BV, would have been known to Mr ZO. Ms QX had affirmed an affidavit in support of Mr WL’s bail application. That affidavit would have been prepared in advance of the bail hearing. Ms QX appeared in support of Mr WL on the bail application. [73] Mr ZO’s decision to furnish the report to Ms QX se...

5. National Standards Committee 1 v Peters [2019] NZLCDT 39 [pdf, 248 KB]

   ...is relevant to the level of culpability, we record the number of comments below which Mr Peters accepts he made in the ODT interview together with the interview with Radio New Zealand on Monday 18 March 2019. [24] The list is reproduced from the affidavit of Matthew Fogarty, Legal Standards Solicitor, as follows: 7 Affidavit of Richard Peters dated 22 November 2019 6 (a) “He seems quite clear, lucid, seemed to be aware of what...

6. Lazarus - Peter Pene Moses (2010) 9 Taitokerau MB 197 (9 TTK 197) - P [pdf, 60 KB]

   ...that seems to have increased since. This tension manifested itself in some of Peter and Joy’s children removing some of Peter’s belongings from the house, including equipment that was subject to hire purchase payments. Lillian also says in her affidavit that some of the children have travelled to the house and told her that members of the whanau will be occupying the house, that they have cut the telephone line and taken the water pump, that she feels they are trying to force he...

7. [2017] NZEmpC 81 Nelson Marlborough District Health Board v Henderson [pdf, 181 KB]

   ...financial position at that particular point in time, denies the successful party the ability to make decisions as to whether, and when, to seek to enforce an award it would otherwise be entitled to. (footnotes omitted) [54] Dr Henderson filed an affidavit deposing to her personal and financial position. She is 64 years old. Her ambition is to spend her remaining years of professional practice working towards an unencumbered home and to have savings for retirement. She conside...

8. Nee Harland v Prentice - Mana Ahuriri Incorporated Society (2017) 59 Takitimu MB 227 (59 TKT 227) [pdf, 348 KB]

   ...and trustees have the authority to represent MAI and Mana Ahuriri Trust respectively. Ms McIntosh wishes to ensure that any orders made in response to the application do not adversely impact the Bank. Evidence [12] Hawea Moananui filed an affidavit in support of the application. Mr Moananui is of Ahuriri descent and supports the applicant’s submissions. He takes issue with the actions of the Komiti and says he was present at the teleconference and his understanding was that...

9. Mansell - Haparangi A4 (2005) 288 Rotorua MB 9 (288 ROT 9) [pdf, 808 KB]

   ...level of support for the proposal to form an incorporation, it is quite plain that far more than 150/0 of the owners by shareholding support the proposal as required by s24 7(2)(b). Indeed it was not possible to find an owner who opposed it. In his affidavit in support of the application, Mr Moke refers to various hui commencing with a hui on 20 March 2004 at which, he deposed, general support was given to the incorporation proposal. It seems to me that the record is a little more ambiguo...

10. Real Estate Agents Authority (CAC 403) v Drever [2016] NZREADT 72 [pdf, 131 KB]

    ...compensation of up to $100,000 to any person who has suffered loss by reason of the licensee’s misconduct. [12] We record that Mr Drever voluntarily suspended his licence as from 29 January 2016. Evidence [13] The Tribunal was provided with an affidavit affirmed by Mr Drever on 19 October 2016. Mr Drever stated that he is now 33, and has been a land agent since he was 18. He set out the “root cause of my failings” which led to his appearances before the Tribunal, over th...