Search Results

1. Johnston v Abide Homes Limited [pdf, 140 KB]

   ...second respondent for first respondent. • 20 October 2008 – confirmation that no other documents held by first respondent. • 14 November 2008 – application by first respondent for the joinder of Ian Wratt and Tauranga City Council and an affidavit in support by Albert Sands. • 15 December 2008 – memorandum on behalf of Abide regarding joinder application for the Council. • 23 January 2009 – memorandum re joinder of the Council. [75] I have also considered t...

2. [2022] NZEnvC 200 Director-General of Conservation v Dunedin City Council [pdf, 662 KB]

   ...I have read and considered the appeals, the memoranda of the parties, and the memoranda of counsel dated 29 October 2021 and 22 July 2022, which detail the agreements reached by parties on the above matters. I have also read and considered the affidavits of Ms Lightbourne,4 Ms Macleod5 and Ms James,6 who have satisfied me that the amendments sought to resolve the Biodiversity and Rail Bundle are appropriate, and granting the relief sought by this order will not impact the resolutio...

3. Julian v Inia - Succession to Moehuarahi Te Ruuri (2024) 309 Waiariki MB 197 (309 WAR 197) [pdf, 459 KB]

   ...they are entitled to represent Moehuarahi, he argues that their oppositional stance to the FPA applications is not consistent with the duty of any administrator of an estate to act even-handedly in relation to claimants on the estate. Both filed affidavits opposing the FPA applications. [39] The arguments are well made, but because of the protracted history with this estate and importantly, because on my decision that there has been a breach of moral duty, I have decided that ther...

4. [2024] NZEnvC 149 Learning Houses Limited v Auckland Council [pdf, 466 KB]

   ...home occupations are to be undertaken in those ancillary buildings, and (other than consented usage) other commercial activity would require a resource consent to be obtained under the Auckland Unitary Plan (Operative in Part)(AUP(OP)). 5 Affidavit of Daniel Rodie [12] On 27 May 2024, the Court issued a Minute stating that given the Council’s change from a refusal of consent to consenting the childcare and associated activities, that an affidavit should be filed which sets...

5. Self-represented litigants: an exploratory study of litigants in person in the New Zealand criminal & family jurisdictions [pdf, 1.2 MB]

   ...what information and resources these individuals had sought. Family litigants had frequently sought advice from court staff, Community Law Centres, the Internet, and family and friends for information on court procedure, process, applications, affidavits, case law and general case advice. These resources were also accessed (although less frequently) by most represented litigants for the same reasons. Self-Represented Litigants: An Exploratory Study of Litigants in Person in t...

6. [2012] NZEmpC 119 LI v Huang [pdf, 57 KB]

   ...support of his application for a stay of proceedings. First, he claims that as a sole trader he runs a very small business which is running at a loss and if he is required to make payment at this stage it will cause him irreparable harm. In an affidavit filed in support, Mr Li states: 6. The Respondent has arranged for a distress warrant which the District Court is trying to enforce by seizing all the computers in the cafe. If that happens I will lose all my income and will h...

7. [2012] NZEmpC 126 EBIIWU v Norske Skog Tasman Ltd [pdf, 57 KB]

   ...trips to Auckland from Tokoroa (totalling 1,256 km) for Court appearances. It is submitted that the trips to Kawerau were necessary to enable preparation of documents, research on historical instruments to be undertaken and for the preparation of affidavits. I accept that these trips were related to the conduct of the proceedings and that they were reasonably undertaken in light of the matters at issue in these proceedings. It is however unclear what the claim for 80 cents per k...

8. [2006] NZEmpC AC 64/06 Watson v NZ Electrical Traders Ltd t/a Bray Switchgear [pdf, 24 KB]

   ...unjustifiably by New Zealand Electrical Traders Limited that trades as Bray Switchgear. Mr Watson challenges the costs ordered by the Authority to be paid. Counsel for the parties agreed that the matter could be “heard” by the Court considering affidavits and written submissions and these have now been filed. No further hearing was sought as had been allowed for. [2] The Authority’s costs determination was succinct. It summarised the principles extracted from the most rece...

9. [2013] NZEmpC 47 Dell v ABC01 Ltd (formerly Primary Heart Care Ltd) [pdf, 57 KB]

   ...think, of the Baycorp company, in relation to these proceedings. [2] The other condition of the adjournment granted on 15 March 2013 was that, no later than three working days before today’s hearing, both defendants were to file and serve better affidavit evidence about the first defendant’s financial circumstances. [3] Some progress has been made in doing so although, as Mr Dell points out, it was not strictly earlier than three days before today’s hearing. [4] The comp...

10. ENVC Hearing 6Oct14 NPI Trust Lucy Tukua numbered [pdf, 300 KB]

    ... I  was  previously  a  Trustee  for  Ngati   Paoa  Trust  Board  (Trust  Board)  and  resigned  as  a  Trustee  on  2nd  September   2013.     3.   I  refer  to  my  affidavit  dated  18th  July  2014  in  support  of  Application  by  Ngati   Paoa  Iwi  Trust  for  Waiver  and  s274  Party  status  and  reaffirm:     a. That  the  Iwi...