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1. KD v WW LCRO 83 / 2011 (30 March 2012) [pdf, 119 KB]

   ...and that he was required to be in Court the following morning. He had made contact with a solicitor prior to that, but had not met with her at that stage. [16] WU then emailed Ms KD to advise her of these developments and forwarded her a draft affidavit which she had prepared on WV’s behalf. This provided a comprehensive picture of WV’s relationship with WT and the events which had occurred. WW, WV and WU had decided that they should support WR in opposing WT’s application,...

2. [2018] NZEnvC 191 East Harbour Environmental Association Incorporated v Hutt City Council [pdf, 1.3 MB]

   ...respective positions. 2 • The Council will need to reconsider all 21 submissions on PC36 and identify any other possible interested parties that may have an interest in this particular issue who should be consulted pursuant to s 293(1 )(a). Affidavit evidence to be provided in that regard. • Nothing in the minute should be taken as confirmation on the part of the Court that it is appropriate to exercise its powers under s 293. The Court also indicated that after the receip...

3. [2021] NZEmpC 214 McDonnell v The Board of Trustees of Te Manawa O Tuhoe Trust [pdf, 273 KB]

   ...threshold is overcome the merits of the case, so far as they are able to be ascertained at an interim stage, may be relevant in assessing the balance of convenience and overall interests of justice.9 [9] The evidence in this case has been provided by affidavits; one from Ms McDonnell and two in reply from Ngatai Rangihau, the Chairperson of the Trust. The application has been heard on the basis of this untested evidence. What happened [10] The Trust administers assets on beha...

4. Ngati Pahauwera Affidavits 3 of 4 [pdf, 30 MB]

   ...Waih a, solemnly and sincerely affirm: 1. My name is Bruce Te Kahika and I am submitting this affidavit because the Takutai Moana negotiations are important to Ngati Pahauwera, my hapu and my whanau. I have read my partner Maadi Te Aha's affidavits and I support what she says. I would like to add to my evidence about my experiences living in Waihua, fishing in our rohe and what I have heard about taonga at Poututu. 2. My family have always fished at Poututu, Waihua, Mohaka...

5. [2017] NZEnvC 081 Auckland Council v Lau [pdf, 151 KB]

   ...properties, and the overseas Respondents appear to have left decisions relating to the management of their properties in his hands. Evidence of Mr Lau's relationship with each of the properties and owners has been provided by the Council in the affidavit of Ms Whiteside dated 26 May 2017. [8] In these circumstances the Council seeks an order from this Court that the most effective means of service available consists of physical service on Mr Lau, notice to 4 the overseas Re...

6. [2017] NZEnvC 081 Auckland-Council v Lau [pdf, 151 KB]

   ...properties, and the overseas Respondents appear to have left decisions relating to the management of their properties in his hands. Evidence of Mr Lau's relationship with each of the properties and owners has been provided by the Council in the affidavit of Ms Whiteside dated 26 May 2017. [8] In these circumstances the Council seeks an order from this Court that the most effective means of service available consists of physical service on Mr Lau, notice to 4 the overseas Re...

7. OX v PE LCRO 224 / 2010 and 262 / 2011 (22 August 2012) [pdf, 115 KB]

   ...allegations: that the Practitioner was involved in soliciting false testimony against the Applicant; that the Practitioner was involved in the fabrication of a statement made by BJ (a witness); that the Practitioner intentionally filed affidavits that contained false testimony; 3 that the Practitioner intentionally lied to the Court on 7 August 2009 when he informed the Court that six supervised visits had been ordered, knowing that there had only been four, and th...

8. Auckland Standards Committee v Sorensen [2011] NZLCDT 10 [pdf, 189 KB]

   ...stated that he had made it clear to the executors and trustees that the redistribution of the estate they proposed would leave legatees out of pocket and the executors and trustees potentially 1 Affidavit of Garreth Heyns dated 6 August 2010, Exhibit K (at P45) 5 liable to legal claims by those legatees. Mr Sorensen said he had asked them if they were prepared to take that risk, and they had confirmed that they were prepared to d...

9. [2006] NZEmpC AC 35/06 Wackrow v Fonterra Cooperative Group Ltd [pdf, 34 KB]

   ...costs, the Authority took into account Mr Wackrow’s financial circumstances at the termination of his employment. It ordered that Fonterra was to pay him $4000 plus $365.40 general disbursements. His claim for $1,850 for the preparation of an affidavit by his counsel in criminal proceedings was refused because the Authority had not relied on that evidence. The challenge [10] Mr Wackrow challenges the determination on the grounds that it is wholly inadequate and does not rep...

10. [2014] NZEmpC 48 Kilpatrick v Air NZ interlocutory [pdf, 65 KB]

    ...doing so. She stated during the hearing of the present application that she has reached an arrangement with the Authority registry to pay the awards by instalments. That appears to have been without any discussion or agreement with Air NZ. [6] Affidavits have been filed both in support of the application and the notice of opposition. Ms Kilpatrick has not provided the Court with any details of her present financial position except to state that she would be unable to afford paym...