Search Results

1. [2013] NZEmpC 11 Christiansen v Sevans Group (NZ) Ltd & Others [pdf, 109 KB]

   ...Mercer is the sole director of the first respondent company. He is also the second respondent. He appeared at Court this morning and was permitted to give evidence, and advance submissions opposing the application. I was also assisted by the affidavit evidence filed by the applicant, and her submissions. [5] There is no dispute that the first respondent has taken no steps to comply with the Authority’s compliance order. Mr Mercer’s evidence was that the company has been stru...

2. Barnes v Adlam - Matata Parish 39A 2A Ahu Whenua Trust (2015) 112 Waiariki MB 296 (112 WAR 296) [pdf, 186 KB]

   ...does not affect the interests of any other person; or 112 Waiariki MB 300 (iv) the application is a matter of routine; or (v) the person in respect of whom the application is made cannot be found. (2) A Judge may direct that an affidavit or a declaration be filed in support of the application. (3) The Court may, in dealing with an application for which notice is not required, exercise any of its powers under these rules, make any direction, or adopt any proced...

3. [2015] NZEmpC 220 Wellington Free Ambulance Service Inc v Austing costs [pdf, 67 KB]

   ...of $16,500. [13] The defendants’ claim disbursements totalling $953.40 is made up of: 25.1 The transcription of the two disciplinary interviews ($717.60 in total); 25.2 Photocopying the Bundle at the Court's request and photocopying affidavits for the Court and WFA ($200.80 in total); and 25.3 Couriering documents to both the Court and Mr McBride during the course of proceedings ($35 in total). [14] Mr McBride responded stating that it was difficult to understand how...

4. Legal aid fee schedule for CMM [pdf, 185 KB]

   ...disclosure decision (s33(3)(b) Criminal Disclosure Act 2008) $350 For: Taking instructions, attending the client Receiving and reviewing disclosure Identifying legal and factual issues Preparing and filing notice of appeal Preparing affidavits Undertaking research Liaising with Crown, prosecution Considering Crown, prosecution submissions Preparing submissions for hearing Interviewing/cross examining witnesses Liaising with the High Court Receiv...

5. Auckland Standards Committee v Salter [2015] NZLCDT 28 [pdf, 419 KB]

   ...operating as expected of it; (c) The first respondent now fully accepts that it was his obligation to follow up on the direction to accept the advice ordered. 3 Paragraph [6] of first respondent’s affidavit of 10 July 2015. 5 [6] Counsel for the applicant has submitted that the offending in respect of charge one is not technical in nature: (a) The first respondent was ordered in March 2012 not to practise in the way describ...

6. [2013] NZEmpC 195 Harrisons Fine Art Ltd v Carrothers [pdf, 65 KB]

   ...costs. In doing so, it accepts, however, that it “may not have sufficient funds to meet any costs that are awarded against it” but, nevertheless, says that it should not have to be required to give security. The company has not filed any affidavit evidence in opposition to the application. [9] In opposing an order for security, the defendant emphasises what it says is the “presumption” that orders for security for costs will not be made in this Court. It says that becau...

7. [2017] NZEnvC 172 Motiti Rohe Moana Trust v Bay of Plenty Regional Council [pdf, 185 KB]

   ...that concession. [8] Furthermore, the Crown acknowledged that it would need to ensure that its evidence was tightly focussed on the issues in question relating to the inter-relationship overlapping between the RMA and Fisheries legislation. An affidavit of Andrew Francis Hill suggested areas of evidence. After some discussion, it was agreed that relevant evidence could be produced relating to: 4 (a) the inter-related and overlapping nature of many sustainable concerns being ad...

8. Map of application area Ngati Oneone [pdf, 266 KB]

   ...M A R Y R IG H TS A P P LIC A TIO N C u sto m a ry M a rin e Title D e sc rib e th e B o u n d a rie s o f th e a re a u n d e r c la im Exhibit Note This is the document marked "A" referred to in the annexed affidavit of __________________ Sworn at __________________ This day of March 2017 before me: A Solicitor of the High Court of New Zealand/ Justice of the Peace EXHIBIT "A" PARTICULARS OF MARINE TITLE PROTECTED CUSTOMARY RIGHTS APPL...

9. Family Court Rewrite Submission - FDR Centre [pdf, 371 KB]

   ...damaging adversarial litigation. We suggest if this presumptive approach is to be adopted, the present intake procedures in the Court ought to be modified so as to militate against the damaging effects of adversarial litigation which presently require affidavits to be sworn in support of applications and which process is not remotely conducive to: a encouraging parties to resolve disputes in a non-confrontational, non-threatening manner that has capacity to preserve and/or rebuild r...

10. [2021] NZEmpC 28 Juyi International Ltd v Pan [pdf, 198 KB]

    ...Consequently, he did not prepare the necessary documentation until 27 November 2020, the date on which he attempted to file a statement of claim. [16] Mr Pan was advised he was out of time, so he filed an application for leave supported by an affidavit; the statement of claim he had attempted to file was regarded as a draft pleading. [17] In light of these facts, Mr Moss agreed that the circumstances were unusual. He said Juyi would not therefore oppose the relief sought by Mr...