Search Results

1. BZ v Accident Compensation Corporation (Mental Injury) [2025] NZACC 065 (22 April 2025) [pdf, 196 KB]

   ...complete his studies), and in occupational functioning ([the appellant] was unable to stay in a role for long due to his mood, self-esteem and inability to manage his work relationships). … Based on [the appellant’s] self-report and collateral affidavit provided by his father - [the appellant’s] clinical presentation changed after his shoulder injury in 1991 and continued to wax and wane over time, with a significant deterioration after his shoulder injury in 2014. His funct...

2. National Standards Committee 1 v Haines [2022] NZLCDT 10 (8 April 2022) [pdf, 551 KB]

   ...Mr Haines’ firm, of $1 million plus GST. [50] Mr Haines had prepared a Memorandum for the Court, in which he explained why he was having to withdraw from representation of Mr M. The Memorandum was accompanied by a Statement of Affairs and Affidavit, sworn by Mr M at Court, before a Deputy Registrar. The schedule of Unsecured Creditors attached to the affidavit includes “QH Law … $1,150,000” and “Quentin Stobart Haines … $93,425.59”.13 Mr M had been sent these docu...

3. [2011] NZEmpC 37 Vice-Chancellor of Massey University v Wrigley and Kelly [pdf, 231 KB]

   ...alter the selection panel‘s recommendation. (v) Professor Anderson‘s view of those comments by each defendant and of the selection panel‘s recommendation. [31] In addition to the agreed summary of facts, we were also provided with four affidavits. One was sworn by Mr Wrigley and provided greater detail of certain aspects of the sequence of events summarised above. A similar affidavit was sworn by Professor Kemp. We have read those two affidavits but little of their content...

4. [2017] NZEmpC 39 ALA v ITE [pdf, 317 KB]

   ...made under relevant provisions of the High Court Rules, and that such an application should be referred to the Associate Judge for his consideration. The Court went on to observe that ITE may wish to use the matters set out in his memorandum and affidavit in opposition to any adjudication application. The Judge said, however, that on a brief perusal of the documents it appeared that ITE wished to engage on the merits of an employment dispute with ALA. He invited ITE to obtain leg...

5. [2011] NZEmpC 85 Melville v Air NZ [pdf, 67 KB]

   ...of Wellington v Alton-Lee, 3 and Health Waikato Ltd v Elmsly. 4 Mr Cleary submitted that as the defendant was successful in defending the plaintiff’s claim, costs should follow the event for a half day defended hearing which involved three affidavits filed by the plaintiff and two causes of actions identified in the plaintiff’s statement of claim. [3] The defendant has incurred legal costs, exclusive of GST, of 32.3 hours at $330 per hour, totalling $10,659. Disbursements...

6. [2006] NZEmpC AC 51A/06 Fuiava v Air New Zealand Ltd [pdf, 29 KB]

   ...considerations Mr Caisley referred to the complexity of the case, its importance to the parties and the consequences of the result. The hearing before the Court was accommodated in one day and involved viva voce evidence from three witnesses, affidavit evidence and legal argument, including submissions on the new s103A the Employment Relations Act 2000. At the time the challenge was heard the decision of Shaw J in Air New Zealand Ltd v Hudson (2006) 3 NZELR 155 had not been issued...

7. [2015] NZEmpC 139 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 83 KB]

   ...Regulations 2000, which provides that the Court may set aside a witness summons if it considers that the summons is either oppressive, or causes, by reason of distance or short notice, undue hardship to that person. [6] Mr Nathan says in his supporting affidavit that he has business arrangements in the Bay of Islands for the period 10-14 August 2015, which involve a number of commitments which it is not feasible for him to reschedule, and that he would suffer undue hardship, as wou...

8. AQ v Secretary of Justice 5 March 2013 NZRA 000001 [pdf, 124 KB]

   ...applicant does not have the necessary case law experience in New Zealand but is nonetheless highly qualified, experienced and competent in the legal field. e. That he had provided samples of his work as an Acting High Court Judge, pleadings and affidavits drafted as a legal practitioner and other relevant documents relevant to determining the extent of his competence and experience as a lawyer over 30 years. DISCUSSION 14. The matters set out in reg 6(2) are mandatory and ea...

9. [2013] NZEmpC 94 Fifield v Rotorua City Council [pdf, 69 KB]

   ...pleadings that were identified to him. He has had the benefit of legal assistance and advice through the Employment Court/Auckland District Law Society pro bono pleadings assistance scheme and has, subsequently, filed an amended application for leave, affidavit in support, and draft statement of claim. [12] In these circumstances, and although even these documents are still less than adequate, I directed Mr Fifield to serve those pleadings and copies of the Court’s Minutes on the...

10. Malcolm-Davies - Ngararatunua A2B3C and A2B3D (2012) 39 Taitokerau MB 293 (39 TTK 293) [pdf, 90 KB]

    ...whanau of Ngararatunua. 39 Taitokerau MB 294 Grounds for injunction [3] The applicants say that Bill Kaire should not be buried on Ngararatunua A2B3C and A2B3D which are solely owned by him. The grounds for the injunction are set out in the affidavit of the primary applicant, Anne Malcolm-Davies. [4] Mrs Malcolm-Davies explain that her mother was an older sister to Bill Kaire. She refers to the partition application that Bill Kaire brought in 2006-2007 (A20070001147). As a...