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1. Fehling v New Zealand Post (Lifting of Stay) [2013] NZHRRT 43 [pdf, 47 KB]

   ...[2013] NZHRRT 24 (10 June 2013) at [49] to [52]. [7] Presently there is no factual foundation for the making of an interim order. If Mr Fehling believes that he can satisfy the requirements of s 95(1) he is free to file an application and supporting affidavit. The proper defendant [8] Given that Mr Fehling has applied to have “New Zealand Post Limited” added as a party to the proceedings and further given that the company does not object to such 3 order we direct that New...

2. Auckland Standards Committee v Davidson [2013] NZLCDT 14 [pdf, 69 KB]

   ...credit for a life lived well. 5 [14] As to remorse, counsel reminds the Tribunal that Her Honour Andrews J in sentencing Mr Davidson accepted that he had demonstrated “genuine, sincere and deep remorse”. We accept that in his affidavit in the proceedings before us he recorded his dismay at the level of losses to Bridgecorp creditors including investors. [15] We consider this dismay and remorse was reflected in the very large payment of reparation ($500,000) w...

3. [2014] NZEmpC 91 Peters v Housing New Zealand Corporation [pdf, 69 KB]

   ...date of the determination. 5 A notice of opposition to the application for a declaration was duly filed along with comprehensive submissions on behalf of both parties. It was agreed that the matter could be dealt with on the papers. [8] An affidavit was filed on behalf of Mr Peters by his employment advocate, Mr Benjamin Paradza. Mr Paradza deposed that he is “an enrolled barrister and 4 New Zealand Airline Pilots Assoc v Ai...

4. LCRO 137/2016 HA v TY Costs Decision [pdf, 97 KB]

   ...1 Findings decision at [23]. 4 “difficult to comprehend how [ABCD] would be detrimentally affected by waiving privilege to any such communication”.2 [19] In addition, as noted in [24] of the findings decision, the affidavit provided by the [ABCD] employee (Ms BD), in response to a specific request from this Office for evidence that [ABCD] had been requested to waive privilege and had declined to do so, did not provide the evidence requested. [20] The

5. [2018] NZEmpC 12 McNabb v Silver Fern Farms Beef Ltd [pdf, 195 KB]

   ...not responded to a request for evidence of security; and (f) scale costs for a three-day hearing are approximately $23,000. [6] The Senior Advisor – Employment Relations and Resourcing for the Silver Fern Farms group of companies filed an affidavit in support of the application. He pointed to other proceedings in the Family Court involving Ms McNabb, which Silver Fern says are relevant because Ms McNabb’s resources will be further stretched until that litigation is resolved...

6. Ihe - Tarewa East 1A (2008) 326 Rotorua MB 45 (326 ROT 45) [pdf, 206 KB]

   ...to a11ov,1 him the opportunity to travel to Australia and set up house there; ( e) the applicant has adveliised to the preferred class to see if there is any interest in purchasing the propeliy. Those adveliisements ,vere also filed v,lith the affidavit of the applicant on 21 FeblUary 2008; (f) there is no one in the preferred class of alienee who have come forward as a potential purchaser for the block; (g) there are no objections to the making of this application from those with...

7. Watene raua ko Ema Kawiti Whānau Trust v Kawiti - Motatau 2 Section 65A (2016) 139 Taitokerau MB 136 (139 TTK 136) [pdf, 74 KB]

   ...made orally at the conclusion of the hearing today. In some cases, delay may go against the grant of an injunction. That does not apply in this case. [23] The applicant filed and served evidence in advance of the hearing. That includes an affidavit, exhibits, and a letter setting out the allegations against the respondent. The respondent filed various receipts and invoices shortly before the hearing, but did not file a brief or statement of evidence. Rather, his evidence was pr...

8. [2016] NZEmpC 174 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 83 KB]

   ...respect of an application by LSG against a non-party for discovery of documents. [8] The defendant, LSG, and the non-parties in the present application, oppose the making of the preservation orders. In addition to the notice of opposition, an affidavit in support has been affirmed and filed by Mr Allan Pumphrey who is a director and shareholder of the two non-parties and he describes himself as the owner of the companies. He confirms that Zambion (formerly called People’s Sol...

9. ED Ltd v UW Ltd [2016] NZDT 922 (1 July 2016) [pdf, 144 KB]

   ...Mr B (UW Ltd) stated that Company A had negotiated cl 4.7 into the agreement because it had paid a premium price for the business and that in return it was afforded the flexibility of buying from alternative sources. This view was supported by an affidavit from Mr L, the director of Company A. Mr B also said that since Company A purchased products from sources other than ED Ltd then UW Ltd also ought to be able to do so, given that at the time UW Ltd bought the business UW Ltd was t...

10. Gill v Singh [2017] NZIACDT 5 (6 April 2017) [pdf, 97 KB]

    ...further submissions (whether or not the Authority or the complainant makes submissions) within 15 working days after the issue of this decision. [25.3] The Authority and the complainant may reply to any submissions made by the adviser and provide affidavits in reply to Mr Singh’s explanation within five working days of him filing and serving his submissions. DATED at WELLINGTON this 6th day of April 2017 ___________________ G D Pearson Chair