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1. DD v TD [2025] NZDT 90 (5 May 2025) [pdf, 182 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...

2. [2012] NZEmpC 176 Te One A Mara Ltd v Olsen [pdf, 126 KB]

   ...sufficient weight to a Calderbank offer it made at an early stage of the proceedings. It was agreed that the challenge would proceed in this Court on the basis of an exchange of written submissions but leave was also granted to the defendant to file an affidavit as to means. 1 [2012] NZERA Wellington 41. Background [2] By way of brief background taken from the Authority’s substantive determination 2 dated 3 November 2011...

3. Gollins v CAC 20002 [2014] NZREADT 52 [pdf, 69 KB]

   ...under s.73 of the Act. It is also submitted that the conduct in issue was not concerned with the carrying out of real estate agency work so that s.72 of the Act (which defines an offence of “unsatisfactory conduct”) does not apply. A number of affidavits have been filed in 7 support of the present application and provide fairly detailed evidence on behalf of the appellant/licensee/defendant. [26] The licensee has been a prominent commercial real estate agent in Wellington...

4. EV v VJ LCRO 181 / 2010 (31 August 2011) [pdf, 129 KB]

   ...Respondent, particularly given the somewhat higher threshold in respect of conduct prior to 1 August 2008. Conduct after 1 August 2008 [61] VI advised at the second hearing, that any initial estimate of costs became irrelevant immediately the reply affidavits to the proceedings as filed were received. These reply affidavits introduced wide-ranging issues which had the effect of escalating costs considerably from those expected, at least by VI. The divisiveness amongst the family...

5. Ellis — Matapihi No 1 B No 2C No 2D (2010) 2010 Chief Judge’s MB 25 (2010 CJ 25) [pdf, 124 KB]

   ...dwelling on the partitioned area and the land has been settled as a joint family home. A mortgage to Trust Bank New Zealand has also been registered against the title. At the hearing of 30 March 2005 Christina Ellis confirmed the contents of her Affidavit dated 4 December 2003 that her understanding of the arrangement was that Matiu Ellis needed shares for security to develop the kiwi fruit block on the land. She transferred her shares to Matiu on the basis that he would transfer th...

6. [2016] NZEmpC 179 Lyttelton Port Co Ltd v The Rail and Maritime Transport Union & Anor [pdf, 231 KB]

   ...justice of the case may lie from the date when an interim order may be made until trial. [7] LPC’s application was filed on 23 December 2016. The next day I held a telephone directions conference with counsel to schedule an urgent timetable. Affidavits for all parties have been filed, together with submissions. Given the circumstances, the hearing was conducted by telephone. Because of the urgency with which this proceeding has been heard and now determined, my reasons for j...

7. Dotcom v Crown Law Office (Inherent Powers) [2018] NZHRRT 36 [pdf, 401 KB]

   ...2018. [9.2] Failing that, a declaration that the Crown: [9.2.1] Is in breach of the Tribunal’s orders; [9.2.2] Has engaged in abuse of process; and 5 [9.2.3] Further interfered with Mr Dotcom’s privacy. [9.3] That the Crown file an affidavit or affidavits setting out what (if any) steps have been taken (and when taken) to procure information held by former Ministers. [10] The focus of the application for compliance orders is on the allegedly outstanding responses from...

8. [2021] NZACC 32 - Fisher v ACC (9 February 2021) [pdf, 184 KB]

   ...talking about major industrial motors, probably the motors would be the equivalent of the size of a car motor but because they weren’t muffled they contributed a lot more noise. He said that no hearing protection was offered. [3] There is an affidavit from Mr Arthur, who worked in the same factory. He said: … 21. The overall noise level in the factory was high. If I wanted to communicate with another person, shouting would not work. In every case, what I would need...

9. LCRO 47/2017 KD: Review of a prosecutorial decision (30 June 2017) [pdf, 180 KB]

   ...unacceptable, pursuant to s 12(b) of the Act. 9 Hearing in person [38] Mr KD and his counsel, Mr NL, attended a review hearing in Auckland on 22 June 2017. The Committee did not attend the review hearing, but tendered submissions and an affidavit from Ms SB it had filed in the Tribunal. Mr NL objected to the submissions on the basis that the Committee has crossed the line into advocacy. He says the Committee should go no further than assisting the LCRO, and should otherwi...

10. [2018] NZEnvC 197 Double R Developments Limited v Western Bay of Plenty District Council [pdf, 630 KB]

    ...serve an abatement notice under s 322. [46] We do not doubt that, to be valid, a warrant must adequately identify the warranted officer. The warrant also bears Mr Brown's signature and an image of him which we are able to determine, from his affidavit and his appearance before us, are both accurate. We are satisfied that this identification is adequate. [47] Second, Mr Osmand challenged the manner in 'which the warrant had been issued by the Council. He referred to s 38(...