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1. [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...

2. 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...

3. [2017] NZEnvC 132 Jesus 2016 Company Limited v Auckland Council [pdf, 1 MB]

   ...this decision and marked A .. [3] Subsequently, the Court gave both Mr Lau and the fourth respondent, Jesus (2016) Company Limited, an opportunity to respond. Further documents were filed by Mr Lau, being firstly an affidavit in his own name, and affidavits in reply were filed by Auckland Council , dealing with with both the third and fourth respondent. [4] The matter was set down for a hearing on Wednesday 16 August. On the morning of 16 August Mr Lau filed a further memorandum, at...

4. 2024] NZEmpC 208 Allied Investments Limited v Jones [pdf, 162 KB]

   ...in the defendant’s favour were payable within 28 days of the Authority’s determination; that timeframe expires today. [3] On Friday 1 November 2024 the company filed an application for a stay coupled with an application for urgency, and an affidavit in support of the applications. The defendant filed a notice of opposition to the application for urgency this morning and I heard from the representatives today. [4] At the heart of the defendant’s opposition is a concern that th...

5. 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...

6. 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...

7. [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...

8. [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...

9. [2025] NZEmpC 219 SL v ZSM Limited [pdf, 181 KB]

   ...by counsel for the defendant for leave to withdraw and an associated application for an adjournment. The applications are opposed. I heard from the representatives during the course of a telephone conference. I directed that a further affidavit be filed, and it was agreed that the applications could be dealt with on the papers. Application for leave to withdraw as solicitor and counsel [2] While there is no express statutory power relating to the withdrawal of a party’...

10. [2018] NZEnvC 225 Royal Forest and Bird Protection Society Incorporated v Canterbury Regional Council [pdf, 3.8 MB]

    ...that a declaration will issue to the effect of declaring the Advice Note invalid and unlawful. The Regional Council's supplementary submissions and evidence on Phosphorus [3) Together with its supplementary submissions, the Council adduced an affidavit of Dr Adrian Meredith, its Principal Surface Water Scientist and a supplementary affidavit of Mr Ian Whitehouse (a Council officer, whose evidence in support of the Council's case on the application is referred to in the Int...