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1. Guidelines for Lawyers Drafting Return Applications [pdf, 121 KB]

   ...applicable law GUIDELINES FOR LAWYERS DRAFTING RETURN APPLICATIONS The task of the appointed lawyer is to file the evidence necessary to establish the jurisdictional threshold for the return application. The evidence is provided by way of affidavits and must provide evidence: of the removal. that the removal was not consented to. that the person applying had rights of custody that were breached by the removal. that those rights of custody were being exercised at th...

2. Notice of Response and Affidavit in Support [pdf, 332 KB]

   PAGE 1 V1 July 2019 Notice of Response and Affidavit in Support Family Courts Rules 2002 (Rule 416K and 416Q) The purpose of this form You can use this form to respond to an application that has been made under Part 5A, Family Courts Rules 2002 and served on you (formally given to you), including where an Interim Order has been made from that application. Options for responding to the application served on you Complete this form If you disagre...

3. [2020] NZEmpC 97 Savrim v Wellington Hospitality Group Ltd [pdf, 156 KB]

   ...INTERLOCUTORY JUDGMENT OF JUDGE J C HOLDEN (Application for leave to adduce further evidence) [1] Ms Savrim has applied for leave to extend time to file a challenge to an Employment Relations Authority (Authority) determination.1 She filed an affidavit in support of her application at the time the application was filed. 1 Savrim v Wellington Hospitality Group Ltd [2019] NZERA 419 (Member MacKinnon). [2] Wellington...

4. LCRO 148/2023 ZJ v PE (16 June 2025) [pdf, 200 KB]

   ...former partner on that application; (c) the application was unsuccessful; (d) later, the respondent also acted for the applicant’s ex-wife on a without- notice protection order application against him; (e) the applicant’s ex-wife stated in affidavit evidence that the applicant had been abusive towards his former partner and that she had applied for a protection order against him; (f) the ex-wife’s affidavit did not disclose that the applicant’s former partner’s protection o...

5. [2024] NZEnvC 042 Nelson City Council v Senk [pdf, 191 KB]

   ...(‘respondents’): (a) Irena Senk, 252 St Vincent Street, Nelson; and (b) Rex Newey, 252 St Vincent Street, Nelson; and (c) their personal representative, successors or assignees. (3) ‘Building’ means the building described in the 27 October 2023 affidavit of Naomi Olive Alderson that accompanied the application for orders and depicted in Exhibit C to that affidavit, and includes the extension as described in paragraph [12] of that affidavit. (4) the respondents are hereby...

6. KV v TE LCRO 39/12 (15 June 2015) [pdf, 66 KB]

   ...says he also requested information about the $28,000 of fees he paid to Mr TE. 2 [4] By late April 2011 Mr KV had instructed alternate counsel to pursue an appeal to the Court of Appeal, and sought information about the contents of an affidavit apparently sworn in October 2010 by the victim of the offences for which he has been imprisoned. He was aware that an affidavit may have existed from conversations with the victim’s mother and with Mr TE, and it appears the affid...

7. [2012] NZEmpC 143 George v Auckland Council [pdf, 131 KB]

   ...resumed hearing could not take place until 24 August this year. [3] In support of, and in opposition to the applications for further and better discovery and particulars in relation to the statement of claim, the parties filed and served voluminous affidavits annexing many documents and made lengthy legal submissions supported by reference to authorities. Further and better disclosure [4] Ms George’s amended notice of application sought orders against the AC and, in the alt...

8. TN v LR LCRO 42/2013 (14 April 2016) [pdf, 77 KB]

   ...application. 2 [3] Before the High Court application was dealt with, a person (Z) connected with the company for whom Mr LR was acting met with Mr TN to discuss the liquidation. Unbeknown to Mr TN, Z recorded their discussion. Z then provided an affidavit in support of the High Court application. The liquidators, including Mr TN, opposed that application and asked the High Court to rule Z’s affidavit inadmissible. Heath J dealt with those matters. [4] Towards the end of the h...

9. [2021] NZEmpC 119 Bowen v Bank of New Zealand [pdf, 291 KB]

   ...before the Court, BNZ also raises: (a) an application by Ms Bowen for an order to preserve evidence (in respect of EMPC 335/2017);2 (b) an application by BNZ to exclude evidence and prohibit publication of evidence contained in Ms Bowen’s affidavits;3 and (c) an application by Ms Bowen for a stay of proceedings.4 [3] BNZ seeks costs on a Category 2B basis, being the categorisation identified by the Court.5 It seeks costs for second counsel.6 [4] BNZ says: (a) Ms Bowen...

10. [2017] NZEmpC 140 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 143 KB]

    ...G Pollak, counsel for non-parties Zambion Limited and PSG Payroll Limited Judgment: 10 November 2017 INTERLOCUTORY JUDGMENT OF JUDGE M E PERKINS IN RESPECT OF 1) DEFENDANT'S APPLICATION FOR ORDERS IN RELATION TO THE AFFIDAVIT OF ANDREW NORMAN SELLAR 2) PLAINTIFF'S APPLICATION FOR ORDER FOR ATTENDANCE OF NEIL RICHARD BRYANT FOR THE PURPOSE OF CROSS-EXAMINATION 3) PLAINTIFF'S APPLICATION FOR ORDER FOR ATTENDANCE OF ALLAN PUMPHREY FOR THE PURP...