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1. [2023] NZEnvC 213 Clutha District Council v Otago Regional Council [pdf, 219 KB]

   ...lodged an appeal against an abatement notice issued on 28 August 2023 by an enforcement officer of the Otago Regional Council.1 At the same time, the District Council made an application to stay parts of the abatement notice2 supported by the affidavit of Mr Steven Hill, Clutha District Council’s Chief Executive Officer.3 The abatement notice [2] The abatement notice relates to the Phoenix Dam, near Lawrence, Otago, which dates back to the 1860s. Concern as to the dam’s inte...

2. LCDT - 2010 practice note [pdf, 353 KB]

   ...under Part 1 of 2008/184: 2.2.1 An application to the Tribunal under s 246 of the Act, for restoration of an applicant’s name to the roll or register, must: • Be in Form H, • State the grounds for restoration, • Be supported by an affidavit giving particulars of those grounds, and; • Be accompanied by the prescribed fee (see reg 37 2008/184). The applicant must file the application with the Tribunal and serve, without delay, notice of the application on the New Zealand...

3. [2010] NZEmpC 86 Gwilt v Briggs & Stratton NZ Ltd [pdf, 41 KB]

   ...proceedings, which are set down for hearing on 26 July 2010, on the grounds that the matter has now been settled by the defendant accepting an offer made on behalf of the plaintiff in a letter dated 23 March 2010. [2] The defendant has filed an affidavit from its National Manager, Glenn Woollett, and the plaintiff has responded with a notice of opposition and an affidavit of his own. The plaintiff was also granted leave to file a further affidavit after the 22 June hearing which...

4. [2012] NZEmpC 140 French v Accident Compensation Corporation [pdf, 133 KB]

   ...vacate the current hearing, and that if this did not occur “it would result in a serious injustice to the plaintiff.” She observed that there appeared to be no prejudice to the defendant in adopting such a course. [9] The plaintiff swore an affidavit in support of the matters referred to in counsel’s memoranda. He expressed the view in his affidavit (dated 11 June 2012) that the proceeding had been set down and timetabled prematurely and, from his perspective, was “not rea...

5. [2014] NZEmpC 8 Nelson v Katavich [pdf, 49 KB]

   ...application for an order for disclosure of the documents sought. [12] On 5 August 2013, the defendants disclosed 67 documents by description in a list and by sending copies of them to Mr Acland. [13] In support of the plaintiff’s application, an affidavit was sworn by Ms Finlayson. She also swore an affidavit in opposition to the defendants’ application, as did Ms Nelson herself. For the defendants, two affidavits were sworn by Mr Katavich. Plaintiff’s challenge to objec...

6. Shropshire v March LCRO 64 / 2010 (28 October 2010) [pdf, 100 KB]

   ...the Practitioner‟s intention was to attract more clients and she therefore had a personal interest in the outcome of the case which amounted to a conflict of interest. He also took exception to certain information that had been included in the affidavit of his former wife, that had been filed in the Court, in particular in relation to the way that the Applicant had structured his finances. The Applicant perceived that information had been put before the court had inappropriately...

7. Rudd Senior v Procter - Horowhenua 11 Lake Trust [2012] Māori Appellate Court MB 107 (2012 APPEAL 107) [pdf, 145 KB]

   ...Procter together with submissions that were filed on behalf of both appellants during the course of the luncheon adjournment and prior to him addressing the Court. We should add that questions from the Bench to Dr Procter were limited solely to an affidavit that he had sworn and filed in the Lower Court proceedings, dated 17 August 2011. In that sense the material canvassed was not new but known to him. Lower Court Decision [8] Chief Judge Isaac’s decision is set out at 270 Ao...

8. [2021] NZEnvC 188 Hamilton City Council v Global Metal Solutions Limited [pdf, 253 KB]

   ...hours of operation of the shredder to delete Fridays if the Court is otherwise minded to grant the extension sought. The application for extension to the compliance date is opposed strongly by the Council. Both parties have filed detailed affidavits. Some of the witnesses have been cross examined on those affidavits. Two persons were not available; Mr McGregor, for the Council, who was excused on the basis he had a family bereavement and Mr Scott, a project manager from...

9. Burns v Argon Construction Ltd [pdf, 42 KB]

   ...they fall provided the permit plans were returned to him. Mr Dye states that after this date no further payment was made to Argon and the plans were returned to Mr Cleary. The evidence of Mr Dye is unchallenged. [23] Mr Cleary, in his affidavit dated 20 May 2008 confirms that “Argon practically completed the job on or about May 1997….Eventually Argon walked off the site refusing to attend to significant remedial works”. [24] The claimants therefore have no caus...

10. IAA v Maerean [2013] NZIACDT 6 (07 February 2013) [pdf, 160 KB]

    ...outlined, the issues raised, and indicated the views that were potentially open on the material then before the Tribunal. The parties were given an opportunity to respond. [40] Mr Sparks and Ms Maerean responded with the following material: [40.1] an affidavit from Mr Acdal, the operations manager of Greenfields; [40.2] an affidavit from Mr Sparks; [40.3] an affidavit from Ms Maerean; and [40.4] submissions from counsel, for Mr Sparks and Ms Maerean. [41] The Authority did not cha...