Search Results

1. [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...

2. [2007] NZEmpC WC 28A/07 PPCS Ltd v Vakapuna [pdf, 30 KB]

   ...2007 Judge Shaw extended that interim stay until today when a hearing of the plaintiff’s application was scheduled. [9] The application for stay is opposed. Indeed, it is fair to say that it is vigorously opposed. [10] Numerous affidavits have been filed; four in support, and four in opposition. I have considered the contents of those affidavits carefully. I have also had the benefit of thoughtful submissions by counsel for both parties. [11] The starting point...

3. [2012] NZEmpC 25 Air New Zealand Ltd v Milne [pdf, 117 KB]

   ...Reference is made to her financial situation and her failure to meet the costs award in the Authority, despite requests that she do so. Third, it is said that the respondent’s claims lack merit and that responding to them will be costly. [5] An affidavit has been filed in support of the application. Mr Gaskin points out that the Authority’s investigation meeting took place on 1 and 2 September 2010, with further information being filed with the Authority. He traverses the co...

4. The Maori Trustee v Erueti - Succession to Momona Tamihana (2022) 448 Aotea MB 63 (448 AOT 63) [pdf, 229 KB]

   ...whether Te Uira Dee-Dee Anne Davidice (Dee-Dee) is entitled to succeed to the general land interest. Her entitlement is challenged by Lara Erueti. [4] I heard the matter on 15 November 2021 and adjourned to allow service of the minutes and Lara’s affidavit on Dee-Dee, with leave for further submissions and evidence in writing.2 [5] No further submissions or evidence have been filed and I now determine who is entitled to succeed to the estate of Momona and make the appropriate ord...

5. [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)...

6. 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...

7. [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...

8. [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,...

9. LCRO 161/2023 OX v YA (19 September 2025) [pdf, 165 KB]

   ...maintenance order under the Family Proceedings Act 1980; and (c) an application to reduce the time for filing a response to the interim spousal maintenance application under the Family Court Rules 2002. [4] The applications were supported by the affidavit evidence of Ms A. [5] The applicant disagreed with various aspects of Ms A’s affidavit evidence about her financial position generally and specifically about her grounds for claiming to be under financial hardship for the purpo...

10. [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...