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1. TD v TC & PC [2021] NZDT 1628 (30 June 2021) [pdf, 246 KB]

   ...$200 filing fee for an appeal. You can only appeal outside of 20 days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determination...

2. [2022] NZEnvC 176 Vortac New Zealand Limited v Western Bay of Plenty District Council [pdf, 317 KB]

   ...required to be removed until the Council has considered and refused an application for consent or request for a certificate of compliance, provided that an application is made within one month of the Court’s decision on this application. [10] An affidavit of Grant Stanley Nicholls sworn on 20 December 2021 is filed in support of the application. As summarised in the earlier decision, Mr Nicholls is the director of Vortac, was a co-defendant in respect of the charges and is als...

3. [2021] NZEmpC 142 Christieson v Fonterra Co-Operative Group Ltd [pdf, 266 KB]

   ...into two parts:5 (a) whether there is an arguable case for unjustifiable dismissal; and (b) if so, whether there is an arguable case for permanent reinstatement. [9] As is usual in challenges of this sort, evidence was produced by way of affidavits. That means that the Court proceeds on the basis of untested evidence. The evidence will be tested at the substantive hearing. Does the plaintiff have an arguable case? Is there an arguable case for unjustifiable dismissal? [10]...

4. NP v KT [2021] NZDT 1706 (12 October 2021) [pdf, 243 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determinat...

5. I Ltd v BW [2022] NZDT 246 (6 December 2022) [pdf, 263 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determinat...

6. MacNaughtan v Accident Compensation Corporation (Application for Leave) [2024] NZACC 33 [pdf, 247 KB]

   ...questionable given the lack of overlap in time and debatable or speculative theories about mechanisms by which isotretinoin causes psychiatric symptoms”. Mr MacNaughtan lodged an application for review of the Corporation’s decision. [14] An affidavit from J Douglas Bremner, Professor of Psychiatry at Emory University School of Medicine, Atlanta, supported the conclusion that there is a link between the use of Isotretinoin and OCD by causing physical injuries to the brain, inclu...

7. [2024] NZREADT 12 – CAC 2106 v City Realty (24 April 2024) [pdf, 125 KB]

   ...at [34], citing Roberts v Professional Conduct Committee of the Nursing Council of New Zealand [2012] NZHC 3354 at [44]–[51] and Katamat v Professional Conduct Committee [2012] NZHC 1633, [2013] NZAR 320 at [49]. 7 SUBMISSIONS [21] An affidavit was filed by the sole director and shareholder of City Realty, Daniel Horrobin, on 16 February 2024. Submissions were filed by the Committee on 25 March 2024 and on behalf of City Realty on 26 March 2024. The Committee [22] The Co...

8. NI v PT & OT [2024] NZDT 98 (31 January 2024) [pdf, 256 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determina...

9. [2024] NZIACDT 02 - NS v Registrar (8 January 2024) [pdf, 157 KB]

   ...mistreatment by the appellant and his wife. 2. Witness statement (11 July 2023) from a friend of the appellant’s wife as to her good character. Submissions of the Registrar [35] In his submissions (20 October 2023), Mr Denyer refers to Ms Wu’s affidavit filed in support of the submissions. It is significant that the complaint was not made by the client ([the employee]) and that she has supported the adviser. Ms Wu found no evidence of dishonest or misleading behaviour by the a...

10. [2023] NZEmpC 164 F & B Remuera Ltd v A Labour Inspector [pdf, 269 KB]

    ...the pleadings disclose no reasonably arguable cause of action is to be exercised sparingly, and only in clearly untenable cases.6 Special caution is required where a claim involves a developing area of law.7 [12] The Court may receive affidavit evidence, but it will not normally consider such evidence if it is inconsistent with the pleadings. However, there may be an exception where an essential factual allegation is so demonstrably contrary to indisputable fact that the...