Search Results

1. [2022] NZEnvC 167 MTP Limited v Westland District Council [pdf, 324 KB]

   ...the property for residential purposes relies on the land use consent. [21] Sixteen of the 18 titles issued are now owned by third parties, with MTP retaining ownership of two titles.18 Building consents or concept drawings have 12 Johnson affidavit affirmed 22 September 2022 at [48] identifies that by Westland District Plan Table 5.7(g): Rural Zone buildings and structures are required to be a minimum of 150m from MHWS as permitted and controlled activities with no limit for disc...

2. Linstead v Tohu - Te Horo 3 No 1-31 (2024) 276 Taitokerau MB 273 (276 TTK 273) [pdf, 289 KB]

   ...an interim injunction required in order to maintain the status quo until the partition and partial termination of trust applications have been heard? The application process [26] The applications were both filed on 4 September 2023. A joint affidavit in support of the applications was filed by Mr Kenneth Linstead and Ms Janeene Panoho dated 3 September 2023. [27] Further evidence was filed by the applicant on the 12 th of September in support of the Partition application. That...

3. [2010] NZEmpC 19 Webb v NZ Tramways and Public Passenger Transport Employees Union Inc [pdf, 17 KB]

   ...advising that the defendant did not seek to be heard in relation to the application and would abide the decision of the Court. The defendant, however, noted that it did not accept the allegations contained in either the application or the affidavit of the plaintiff in support but did not want to incur further expense in relation to it. The defendant intends to defend the substantive proceedings. [3] Mr Carrucan in his submissions, observed that the determination of the...

4. [2019] NZEmpC 3 NZPPTA v BOT for Rodney College [pdf, 165 KB]

   ...the second defendant to satisfy the Court of the probable existence of the documentation specified in the notice requiring disclosure? I accept that it has. Ms Gattey, a barrister instructed on this matter by the second defendant, has sworn an affidavit setting out the documentary searches she has undertaken for the purposes of these proceedings. This includes a review of approximately 460 documents which the second defendant has identified as being relevant to the matters at iss...

5. [2019] NZEmpC 111 Ward v Concrete Structures (NZ) Ltd [pdf, 160 KB]

   ...applicant has a history of causing costs to be unnecessarily incurred and failing to meet the consequences of doing so. [3] The applicant’s primary submission is that no award of costs would be appropriate, because of the matters set out in an affidavit sworn by Mr Ward. The affidavit states that his previous representative filed the proceeding without Mr Ward’s knowledge or instruction. It is submitted that a nil award would sit comfortably with the Court’s broad disc...

6. [2022] NZEmpC 66 Solander Maritime Limited v Munro [pdf, 172 KB]

   ...of action are squarely within the jurisdiction of the employment institutions. That is sufficient for present purposes). [7] Second, a written and signed undertaking as to damages must be filed with the application, and evidence provided (via affidavits) of the applicant’s financial ability to meet an order for damages pursuant to the undertaking (an undertaking in the appropriate form, and supporting affidavit have been filed by the applicant). 2 High Court Rules 2016, rr 32....

7. AB v XY LCRO 82/2013 and 379/2013 (9 June 2014) [pdf, 161 KB]

   ...AB received instructions to obtain a Charging Order against Ms XY’s interest in a property in [city]. The registered proprietors of that property were Ms XY and LMZ Ltd. [10] In support of the application for the Charging Order Mr XV swore an affidavit in the form required by the District Court Rules in which he deposed that Ms XY was “beneficially entitled to the …” property. [11] On 18 January 2011 the District Court issued a Charging Order against the interest of Ms XY...

8. [2019] NZEnvC 107 Tonea Investments NZ Limited and Studio New Zealand Limited v Auckland Council [pdf, 16 MB]

   ...they had declined to provide . [7] Alpha sought access to the following documents: a. In relation to the application for confidentiality referred to at paragraph [2] of the Decision : i. The application for confidentiality and any supporting affidavits, memoranda and other material; ii . Any documents or other information provided to the Court regarding Alpha's judicial review proceedings; iii. Any notice of opposition or response from the Council; iv. Any written legal sub...

9. Waikato Bay of Plenty Standards Committee 2 v Leach [2024] NZLCDT 19 (3 July 2024) [pdf, 271 KB]

   ...the filing fee had been paid on her practice credit card or would be paid that day. She anticipated the payment by [Ms H] to be a refund of a disbursement incurred on her behalf at or about the same time payment was sought; [Paragraph 113 of her affidavit and paragraphs 4.1 and 4.11 of [Ms H’s] first affidavit]; 1 Pursuant to s 241 of the Lawyers and Conveyancers Act 2006 (LCA). 2 Charges 1 and 3, which are attached as Schedule 1. 3 Charge 2, also included in attached Schedule...

10. [2023] NZEmpC 137 Bowen v Bank of New Zealand [pdf, 142 KB]

    ...(Application for variation to non-publication orders) [1] The Court has previously made non-publication orders in relation to this matter.1 The defendant, BNZ, now applies for a limited variation to the non- publication orders, so that an affidavit filed by Ms Bowen in the Employment Relations Authority in respect of a case involving National Australia Bank and others may be disclosed to the respondents in that case. [2] BNZ says that Ms Bowen’s affidavit refers to matters...