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1. H Ltd v O Ltd [2025] NZDT 54 (21 March 2025) [pdf, 189 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, then serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determinat...

2. [2025] NZEmpC 175 Wilson Parking NZ Ltd v Turner & Anor [pdf, 180 KB]

   ...Holidays. [2] Royal Holidays has since advised that it has narrowed its request, confirming that it wishes to access the formal pleadings, namely any statements of claim and any statements of defence. It no longer seeks access to the affidavit evidence filed by the parties. The documents are said to be of potential relevance to proceedings in the High Court. [3] While Mr Turner is content for Royal Holidays to be given access to the formal Court record (as defined...

3. [2020] NZEnvC 121 Lindis Catchment Group Incorporated v Otago Regional Council [pdf, 30 MB]

   ...referred to in this decision together with (in each case) the map which is to be Appendix 1 to each water permit; (b) a memorandum specifying any changes sought by the Council and by other parties (if that is known to the ORC) together with an affidavit from Dr Cowie or other qualified expert from the Otago Regional Council explaining: (i) any differences from the draft consents in Schedule 2; (ii) the reasons for those changes; and (iii) the alternative suggestion(s) for any...

4. [2024] NZEnvC 228 Ministry of Housing and Urban Development v Auckland Council [pdf, 1.3 MB]

   ...parties under s 274 of the RMA. No other s 274 parties have joined this appeal. Agreement reached [8] On 15 August 2024, the parties filed a draft consent order, together with a joint memorandum in support of the proposed order and a supporting affidavit from Elisabeth Laird, the Council’s planner. [9] The parties have agreed through direct discussions that, subject to the Court’s approval, the appeal can be disposed of by amending the wording of the new Policy 15A in the Co...

5. Regulatory Impact Statement Family Court Review [pdf, 174 KB]

   ...certify they have disclosed all relevant evidence • follow hearsay evidence with direct evidence where possible. Helps identify the issues early and ensure the Court has the information it needs. Reduces the amount of inflammatory material in affidavits. Assists self-represented parties. Lifts the quality of without notice applications. Reminds people of the seriousness of those applications and the obligations that go with them. Implementation costs for recommended court...

6. [2006] NZEmpC AC 51/06 Fuiava v Air New Zealand Ltd [pdf, 118 KB]

   ...2005, in a consignment presented for shipment by the call centre employee. The dangerous goods discovered in her consignment consisted of two aerosol cans of shaving cream, some flammable paint and some prescription medicine. Without objection an affidavit was produced to the Court from Allison Margaret Swarbrick, Human Resources Manager for contact centres nationally, who had advised the 11 manager who was carrying out the investigation. Ms Swarbrick had also att...

7. [2012] NZEmpC 179 Drader v Chief Executive of the Ministry of Social Development [pdf, 189 KB]

   ...appeared to reject the account she received from both the plaintiff and Mr Drader, that client A was guilty of an unprovoked assault with a bottle. [71] That view apparently led Ms Rata to reject the offer from the plaintiff’s then lawyer of affidavits to support the plaintiff’s account. Ms Rata, from her interview with client A, understood that client A may also have had statements supporting her version, again a matter that was not put to the plaintiff. In these circumstan...

8. Nicholas v Kameta - Estate of Whakaahua Walker Kameta Te Puke 2A2A3B1 and 2A2A3B2 [2011] Māori Appellate Court MB 500 (2011 APPEAL 500) [pdf, 265 KB]

   ...application for leave to adduce further evidence from Andre Nicholas on the circumstances of the tangihanga of Mr Walker. He also sought a subpoena for Nigel Kameta to answer questions on his evidence. Mr Armstrong opposed the application. He filed an affidavit from Nigel Kameta responding to the affidavit of Andre Nicholas and refuting the evidence therein. [10] Under s55 of the Act, parties in this Court are restricted to a review of the evidence in the lower Court. This positi...

9. Biel v Hall - Opepe Farm Trust [2011] Māori Appellate Court MB 535 (2011 APPEAL 535) [pdf, 222 KB]

   ...The appellants submit that while they did not discuss the purchase with their accountant or legal advisor, they did discuss it with the hapū of the northern Taupo region. [100] As to the prudence of the purchase, they rely on James Maniapoto‟s affidavit of 10 July 2009, which acknowledges that the land was never purchased with profitability as 2011 Maori Appellate Court MB 557 the primary motive. The primary reason was because the land in question sits at the base of Tauha...

10. Teina Pora compensation claim quantum report [pdf, 9 MB]

    ...advice on an appropriate amount of compensation for Mr Pora. The Minister has stipulated that the amount should be calculated according to the Guidelines.2 2. For the purpose of this report I have considered written submissions (supplemented by affidavit evidence and supporting documents) on behalf of Mr Pora and submissions in response on behalf of the Crown. Mr Pora took the opportunity to file submissions in reply. I have been greatly assisted by this material and record my grati...