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1. Hawke's Bay Standards Committee v Clarkson [2014] NZLCDT 2 [pdf, 258 KB]

   ...charges as originally laid by the SC. [9] After the evidence for the SC was complete, Ms Clarkson advised the Tribunal that one of her defence witnesses in respect of the first misconduct charge, Ms Sutton, was not at the hearing. Ms Sutton’s affidavit (in a facsimile form) was available Ms Clarkson said. The Tribunal was not prepared to accept a facsimile of Ms Sutton’s affidavit, and neither was it prepared to accept her evidence in the absence of Ms Sutton attending and...

2. Tana v Mahanga - Pukahakaha East 5B (2022) 254 Taitokerau MB 174 (254 TTK 174) [pdf, 310 KB]

   ...the lack of engagement by the Trust with other bodies, as those allegations were not matters for this Court to deal with. The Court indicated that if there are concerns about the operations of the Trust that could viably and realistically be 1 Affidavit of Taipari Munro, 1 June 2022. 2 252 TTK MB 156-173. 254 Taitokerau MB 177 made then those are matters that the Court can deal with and may be within its jurisdiction. Specifically, the Court would not hear issues involvin...

3. [2024] NZEnvC 026 Nelson City Council [pdf, 515 KB]

   ...area at Delaware Bay (shown on Plan A attached), below MHWS, which is used to launch and retrieve recreational boats/fishing vessels, is not a launching ramp under Rule CMr.33(d) of the Plan. 3 [2] The application was supported by the affidavits of Julie Barton and Jane Doogue lodged with the application, although further affidavits were filed by Ms Doogue over the course of the proceedings in response to the court’s questions. [3] The Council’s reason for making the ap...

4. [2008] NZEmpC WC 13/08 Mana Coach Services Ltd v NZ Tramways and Public Passenger Transport Union (Wellington Branch) [pdf, 15 KB]

   ...the circumstances Mr McBride asks, reasonably I conclude, for confirmation of the absence of the existence of any documents falling within that description by a responsible officer of the plaintiff. Such a person must so depose and by affidavit to be filed and served by 4 pm this coming Friday 27 June 2008. Leave is reserved to apply further on reasonable notice if there are any other difficulties arising out of document disclosure that has been made in the courtroom tod...

5. [2010] NZEmpC 76 Trans Otway Ltd v Hall [pdf, 38 KB]

   ...MATTER OF an application to extend time within which to commence proceedings AND IN THE MATTER OF an application for a stay of proceedings BETWEEN TRANS OTWAY LIMITED Applicant AND JOHN CHARLES HALL Respondent Hearing: on the papers - affidavits filed 22 January, 19 April, 4 May and 12 May 2010; submssions filed 21 May and 26 May 2010 Appearances: Damian Chesterman, counsel for the applicant David Clark, counsel for the respondent Judgment: 16 June 2010 INTE...

6. [2025] NZEmpC 45 FAJ v GEK & HIL [pdf, 201 KB]

   ...orders) Introduction [1] The applicant has applied without notice for freezing and ancillary orders against the first and second respondents. [2] Draft proposed orders have been filed, together with an undertaking as to damages supported by affidavit evidence as to the applicant’s financial ability to meet any order for damages pursuant to the undertaking. [3] Counsel for the applicant has fully set out the grounds and information on which the application relies,...

7. [2012] NZEmpC 215 NZ Language Centres Ltd (formerly GEOS NZ Ltd) v Page [pdf, 251 KB]

   ...determination of the Employment Relations Authority BETWEEN NEW ZEALAND LANGUAGE CENTRES LIMITED (FORMERLY GEOS NEW ZEALAND LIMITED) Plaintiff AND DAVID PAGE Defendant Hearing: 12-14 October 2011, adjourned part-heard Affidavits of defendant filed on 29 November and 16 December 2011 and 11 May 2012 Memoranda of counsel filed on 21 December 2011, 19 April and 8 August 2012 Affidavits for plaintiff filed 27 April and 17 May 2012 (Heard at Auckland)...

8. LCRO 097/2023 RQ and EP v OM (14 February 2024) [pdf, 288 KB]

   ...a protection order were not made out and because Mr X’s application was an abuse of process. [10] The Court subsequently recorded that the applicants’ abuse of process argument appeared to be on the basis of a statement made by Mr X in his affidavit which read: This application is made without notice because the delay in obtaining the protection order would provide chances to the respondent and associate respondent to spread negative comments in the community to disrupt my invol...

9. Te Ohu Kaimoana Trustee Limited v Te Rununga Nui o Te Aupouri (2014) 78 Taitokerau MB 112 (78 TTK 112) [pdf, 159 KB]

   ...Te Rūnanga o Ngāi Takoto and Ngā Tāonga o Ngāi Takoto Trust. Mr Marsden spoke in support of Mr Andrew’s submissions and made the point that it was not a question of not wanting to deal 2 Affidavit of Diane Rachelle Brown, dated 26 September 2013, at Exhibit DB16. 3 Ibid, at Exhibit DB17. 4 Te Ture Whenua Māori Act 1993, s 26C. 5 Second memorandum of counsel for Te Ohu Kaimoana, dated 12 December 2013, at [4]. 6 Submiss...

10. [2022] NZEnvC 047 Auckland Council v Bank [pdf, 345 KB]

    ...the Council to that effect, or provide a report setting out what works are still to be completed to achieve compliance with the Restoration Plan. The application was accompanied by a memorandum of counsel for the Council and was supported by the affidavits1 of the following council staff: (a) Matthew Byrne, Earthworks, Streamworks and Sediment Management Consultant; (b) Caroline Rademeyer, Compliance Officer; (c) Paul Northover, Team Leader for Compliance Response and Investiga...