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1. [2016] NZSSAA 100 (24 November 2016) [pdf, 208 KB]

   ...that the payments are not capital. (e) Payments have often been accompanied by what is in fact a winter fuel payment, ie a payment to assist with heating costs in winter. This is an income-related cost. (f) The inference to be drawn from the affidavit filed by the appellant is that he uses the payments for income-related purposes. (g) There is no evidence to suggest the payments are paid or used to produce further wealth to invest. (h) The Trust receives payments from the gover...

2. CR v TN LCRO 54/2014 (23 November 2016) [pdf, 75 KB]

   ...Care) Rules 2008, r 2(Title). 15 Standards Committee determination 28 January 2014 paragraph [15]. 9 [39] In his complaint Mr TN says that Mr CR filed proceedings “to intimidate Mr VH and [him] in [their] respective capacities as deponents of affidavits which were filed by NZLS to support the disciplinary charges”.16 [40] He further says that “the CR claim was for the purpose of attempting to obtain an order of discovery which would give him access to [his] file relating to the...

3. [2017] NZEmpC 27 Dent v Waikato DHB [pdf, 192 KB]

   ...disclosure, which then needed to be heard by the Court. [11] In preparation for the hearing of the challenge to objection to disclosure, each of the parties filed a memorandum effectively containing their submissions. In addition the WDHB filed an affidavit in opposition to the challenge to objection to disclosure. This affidavit was sworn by an employee relations consultant in the human resource department of the WDHB and sets out some of the history of disclosure of documents i...

4. Cooper v Hamilton Pharmacy 2011 Ltd (Application for Non-Publication Orders) [2017] NZHRRT 34 [pdf, 388 KB]

   ...the disciplinary meeting held on 27 June 2014. Mr Cooper says that this unauthorised disclosure of his personal information has caused significant emotional harm and severely damaged his reputation and employment prospects in the industry. In an affidavit sworn on 6 October 2016 he makes the point that the pharmacy community is not a large one and many businesses are owned by groups of pharmacists with connections to other pharmacies. Down to the present time he has been unable to find...

5. Kururangi - Wharekahika A47 (2006) 168 Gisborne MB 103 (168 GIS 103) [pdf, 419 KB]

   ...contends that Clause 16 of the lease does not require the use of super-phosphate and he deposed that the fann was certified organic. He claims to have diversified his fanning operation to include organic cattle and manuka oil and honey production. (Affidavit dated 21 October 2005) He claimed that his fann had been certified "organic". Under cross-examination he acknowledged that his certification was not current as at the date of the hearing. He did state to the Court that w...

6. [2017] NZEmpC 102 Kaipara District Council v McKerchar [pdf, 176 KB]

   ...that since the agreement did not meet s 149 of the Act, the Court did not have jurisdiction to enforce it. [11] Given these pleadings, each party then filed an interlocutory application to strike out the claim of the other party, supported by an affidavit in each case. [12] Those applications were heard by the Court over two days. I am advised that the first day involved the hearing of evidence; and on the second day submissions were received. Thereafter the judgment of the Cou...

7. LCRO 246/2016 AS v NL (25 June 2019) [pdf, 170 KB]

   ...property matter. [81] Significantly, underpinning this apparent lack of action was, as noted by the Committee, a failure on Ms NL’s part to respond to repeated requests by Ms AS to be provided with invoices, copies of correspondence and copies of affidavits. [82] A consequence of this failure, would have been that Ms AS could not monitor the situation with her costs. [83] The Committee described Ms NL as not having acted competently in relation to either piece of work. [84] As...

8. [2019] NZEnvC 198 Banora v Auckland Council [pdf, 5.2 MB]

   ...way take account of what was said by any party in the course of the attempted mediation on 26 April 2018. We confirm that we have not considered it at all . The applicants' general position [21] In support of the current application, in an affidavit jointly made by Mr and Mrs Sanora on 16 October 2019 they describe the changes they seek in this way: ... 4) The changes are mainly changes to the drawings, which we submitted to Auckland Council already on 12 July 2018, and which h...

9. LCRO 165/2019 RG v TQ (19 May 2021) [pdf, 200 KB]

   ...to expect of a reasonably competent lawyer in all the circumstances. Application for review [22] Mr RG filed an application for review on 1 November 2019. His application was supported by submissions filed by his counsel on that date, and an affidavit sworn by Mr RG on 17 September 2020. [23] He submits that: (a) he was not properly put on notice that he was being separately investigated in relation to his review of Ms TQ’s complaint and accordingly did not have an opportun...

10. [2023] NZEmpC 30 Goldie v Chief Executive of the Department of Corrections [pdf, 219 KB]

    ...turned into the advocate representing her personally. [15] Ms Goldie emailed the advocate again on 7 December 2021, advising the advocate that she was happy for them to represent her in a case against the Department of Corrections. [16] In an affidavit filed by the advocate in the Authority, they say they undertook to be Ms Goldie’s advocate to raise a personal grievance against the Department of Corrections “on or about 6 December 2021”. [17] The following day (8 Dec...