Search Results

1. [2019] NZEmpC 43 Moody v Chamberlain [pdf, 241 KB]

   ...government policy and is established as an independent Crown entity: Human Rights Act 1993, s 4(2); Crown Entities Act 2004, ss 7 and 113, and sch 1, Part 3. memorandum setting out agreed timetabling orders in relation to the filing of affidavits, submissions and any other documentation required for the hearing. The Registrar is directed to forward to counsel for the interveners copies of the most recent pleadings, and the interveners are to be included in all future commu...

2. Moore - Oakura F2A (2019) 204 Taitokerau MB 164 (204 TTK 164) [pdf, 396 KB]

   ...said Act. [10] The applicant relies on the decision of Judge Ambler in Deputy Registrar - Te Keti A2, that the land attained the status of General land on registration of the transfer to Hart, he not being a Māori.6 The applicant has filed the affidavit of Craig Hart in support, where he advises that he is not Māori. [11] The applicant says that the property therefore had the status of General land at the time that Te Ture Whenua Māori Act 1993 (“the 1993 Act”) came into e...

3. Waikato Bay of Plenty Standards Committee 1 v Campion [2019] NZLCDT 32 [pdf, 108 KB]

   ...overall fitness to practice. We refer 5 to the supplementary submissions of the Standards Committee where the practitioner’s lack of cooperation is noted as follows: “… At no stage did the practitioner file any written response or affidavit evidence to the charge, and yet he still expected the Tribunal to be willing to receive oral evidence from him. It is submitted that the practitioner’s actions amount to a flagrant disregard of the Tribunal’s processes.” Co...

4. [2020] NZEnvC 010 Property Seven Limited v Western Bay of Plenty District Council [pdf, 261 KB]

   ...applicant for waiver, Fish and Game (Eastern Region), supported the application and now supports the appeal. [8] Only Fish and Game (Eastern Region) included in its application any grounds or evidence in support. Its manager, Mr Garrick, says in an affidavit sworn 30 January 2020 that Fish and Game did not receive notice or other advice that the appellant had lodged an appeal against the respondent's decision until 28 January 2020 when a planning consultant to the appellant bro...

5. [2020] NZEmpC 8 Visagie v WorkSafe New Zealand [pdf, 136 KB]

   ...identified on behalf of Mr Visagie: impact on his mental health; cost; and inevitability of challenge. I accept that going through an Authority process may be stressful and have an adverse impact on Mr Visagie, given the matters referred to in the affidavit evidence filed in support of his application. I accept too that if the matter was removed, he would not have to face the prospect of giving evidence in the Authority. He would, however, have to go through the adversarial proce...

6. [2018] NZEmpC 148 Bowen v Bank of NZ [pdf, 218 KB]

   ...to the BNZ and, absent proper grounds being established, it ought to be able to have those and use them in its business, which it cannot do while they are being held by the Employment Court Registry. [12] Having carefully reviewed Ms Bowen’s affidavit and submissions, I am not persuaded she has provided a proper evidential foundation for finding that there is a real risk that the BNZ will destroy or dispose of the files and other material on the devices or presently stored under...

7. [2019] NZEnvC 186 Whangarei District Council v CPE Trustee Limited [pdf, 313 KB]

   ...action in respect of the operation of the quarry. The Council did not have accurate information as to the extent of activity of the quarry and early emails indicate they relied on an old figure placed by a staff member of 8,888 tonnes per annum (see affidavit of Kirsty Howie, Compliance Officer to the Quarry dated 29 March 2018). It is clear that the quarry never accepted that figure and also referred in its response in April 2018 to the Northland Regional Council Resource Consent whi...

8. LO v BH Ltd [2019] NZDT 1555 (5 August 2019) [pdf, 154 KB]

   ...a $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, and 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...

9. SX Ltd v RO Ltd [2021] NZDT 1554 (11 August 2021) [pdf, 244 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...

10. EF & QF v JD & QN [2021] NZDT 1602 (29 October 2021) [pdf, 98 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...