Search Results

1. [2020] NZEmpC 179 TPT Forests Ltd v Penfold [pdf, 169 KB]

   ...registered company which previously employed both respondents. [2] TPT now makes application for search orders in relation to the respondents. [3] In addition to the application and supporting documents, including an undertaking as to damages and affidavits, TPT has filed a draft search order and a draft statement of problem, which it proposes filing with the Employment Relations Authority (the Authority) if the search orders are granted and after they have been executed....

2. National Standards Committee 1 v Simpson [2020] NZLCDT 36 (10 November 2020) [pdf, 136 KB]

   ...recognises that the Tribunal is normally best placed to assess the seriousness of the practitioner’s offending. Wilful and calculated dishonest normally justifies striking off. So too does a practitioner’s decision to knowingly swear a false affidavit. Finally, personal mitigating factors may play a less significant role than they do in sentencing.”” 1 Dorbu v New Zealand Law Society (No 2) [2012] NZHC 564, [2012] NZAR...

3. TN v JH and GG [2020] 1321 NZDT (14 September 2020) [pdf, 212 KB]

   ...$200 filing fee for an appeal. You can only appeal outside of 28 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 determination...

4. [2017] NZEmpC 83 Fuimaono v Houia [pdf, 82 KB]

   ...Court should in fact make orders that payments be made by instalments. 3 Fuimaono v Houia, above n 1, at [66]. 4 Section 123(2). The evidence [6] Each applicant has provided an affidavit describing her financial circumstances. [7] Heather Fuimaono is in receipt of a salary of $72,210. She owns a property which, on the basis of the improved value assigned to it by Porirua City Council and having regard to the mo...

5. Ashby v Ngati Awa Land Trust Board- Waimana Parish 790 (2002) 268 Rotorua MB 275 (268 ROT 275) [pdf, 361 KB]

   ...administrators, financial advisors, accountants and solicitors and has clearly formed an assessment of the risk, particularly the risk that the Treaty claim would not be settled in the near future. Professor Hirini Moko Mead filed an extensive affidavit, which makes it clear that the transactions were the subject of careful scrutiny. I can not find any element of imprudence in the transaction. Even if settlement is not achieved the Runanga has the capacity to service the loans. If I...

6. Mihaka v Wihapi - Paengaroa North B No 10A (1993) 8 Waiariki Appellate MB 150A (8 AP 150A) [pdf, 143 KB]

   ...submitted that the amount of $2,000 would be a reasonable contribution In the circumstances. The respondents, he argued, had been put to substantial costs by the applicatIOn, had called additional evidence which could have been dealt with by affidaVit, and that if the applicant was representing other beneficial owners then they would no doubt want to assist him to meet any award of costs The Appellate Court has noted the varIOus reasons put forward by the applicant against an awar...

7. [2019] NZEmpC 5 Hatcher v Burgess Crowley Civil Ltd [pdf, 268 KB]

   ...accepts that an oral application was made at the commencement of a second investigation meeting on 17 May 2018 to include a claim for public holiday entitlements; he confirmed the application was declined by the Member. [5] In response, an affidavit has been placed before the Court from Ms S Dodunski, the lawyer who represented the plaintiff at all material times when the matter was before the Authority. She provided detailed evidence as to the relevant history. [6] In summar...

8. [2018] NZEnvC 249 Dixon & Dixon v Tasman District Council [pdf, 1.2 MB]

   ...up to 100 patrons are allowed). Premises ­ include the bar area and outside seating areas. The applicants have now filed an ex parte application2 to stay the abatement notice. Due to the urgent nature of the application , it was filed without an affidavit in support. In fact they have not filed a Notice of Appeal against the abatement notice either, but I am prepared to regard the application for a stay as an informal appeal. [2] The reasons for the notice are that concerns have bee...

9. Gill v Singh [2017] NZIACDT 5 (6 April 2017) [pdf, 82 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 6 th day of April 2017 ___________________ G D Pearson Chair

10. CAC 20001 v Wallace [2016] NZREADT 66 [pdf, 92 KB]

    ...charge (b) Amended charge (c) Memorandum for CAC re amendment of charge (d) Certificate of Conviction [2016] NZREADT 66 - Wallace 8 August: Teleconference adjourned to 12 August because of another Tribunal hearing 11 August: Affidavit of service emailed to Tribunal, copied to Ms Wallace 11 August: Tribunal advised Ms Copeland, copied to Ms Wallace that teleconference adjourned to 19 August 19 August: Teleconference (no attendance by Ms Wallace)...