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1. [2022] NZEnvC 066 Espin Holdings NZ Limited v Auckland Council [pdf, 209 KB]

   ...not required to be the same.) The application under s 116 of the Act On 25 February 2022, the Court also received a notice of motion from Espin NZ seeking orders for partial commencement of the resource consent pursuant to s 116 of the Act. Affidavits of Charles Maasdorp and Hamish Firth, as well as a memorandum of counsel dated 25 February 2022 were also filed. Espin NZ submits that the proposed order for the partial commencement of the Consent is appropriate for the following...

2. [2006] NZEmpC AC 50/06 Tu'itupou v Guardian Healthcare Operations Ltd [pdf, 134 KB]

   ...final letter of 29 August 2002 is regarded as the time when the grievance was raised, for it was within 90 days of the first alleged incident on the 31 May 2002. [9] The oral statement alleged to have been made by Ms Schaaf is referred to in two affidavits. One is from Shirley Jean Colbeck, presently Facility Manager at Beachhaven Hospital and Resthome. At the time of the dismissal, she was Principal Nurse/Manager with supervision of employment problems at Cornwall. The other a...

3. LCRO 136/2017 RAI and SEM v EYR, IPA and DYN (26 November 2018) [pdf, 333 KB]

   ...[21] The Court appointed a lawyer for J. [22] Ms RAI disagreed with much of the evidence Ms JOP had filed. [23] By early May 2014, Ms EYR had assumed responsibility for Ms RAI’s matter. She was to take instructions from Ms RAI and draft her affidavit in reply. [24] J’s lawyer filed a report on 8 May 2014. [25] Ms JOP and Ms RAI engaged in Family Court counselling and mediation without resolving the two key disputes, relocation and the timetable for sharing care. They seem...

4. [2013] NZEmpC 41 Coverall Cleaning Concepts NZ Ltd v Atkinson [pdf, 71 KB]

   ...comply with an ‘unless’ order and generally for non-prosecution of the challenge. [2] The plaintiff filed a statement of claim and an application for stay of execution of the Authority’s determination 1 in early January 2013. There was no affidavit filed to support the application for stay as is expected in cases such as this. [3] By a minute issued on 10 January 2013, I directed the plaintiff to file and serve a statement of claim which complied with reg 11 of the Employmen...

5. Apostolakis v Rennie (Strike-Out Application) 2017 NZHRRT 42 [pdf, 286 KB]

   ...complaints were dismissed by the relevant Standards Committees concerned. 3. The allegations relate to events which occurred a considerable time ago (in 2006). 4. The claim is frivolous and vexatious and an abuse of process; and 5. As set out in the affidavit of Jacinda Helena Rennie filed in support. [6] Ms De Polo has taken no steps in the proceedings. [7] In this decision we explain our reasons for concluding that the proceedings are to be struck out as against both Ms Rennie and...

6. Brown v New Zealand Post Ltd (Recusal Application) [2016] NZHRRT 37 [pdf, 287 KB]

   ...and 66 of the Act and therefore seeks a direction that Mr Brown file full and proper particulars of his case. The documents filed by Mr Brown on 26 August 2016 [7] By email dated 26 August 2016 Mr Brown filed the following documents: [7.1] An affidavit sworn by Mr Brown at the District/High Court Dunedin on 26 August 2016. In this document Mr Brown alleges the Chairperson of the Tribunal misconducted himself in two different respects in the context of the 2013 proceedings brought b...

7. LCRO 099/2016 IJ v KL (28 July 2017) [pdf, 225 KB]

   ...“he would have to adjust [because] he was well aware that [Mr IJ] was pretty unhappy with [Mr KL’s] actions” which cost him “some $23k in the settlement process”.1 He considers that Mr KL had overcharged him for the preparation of an affidavit, including reviewing material required to prepare the affidavit. (c) Did not incorporate into the settlement certain adjustments he requested, a counter-claim, which he claims cost him “at least $5,000”. He says that he did n...

8. Starting a proceeding in the High Court

   ...There may be a time limit for making an originating application. Find more information in the legislation relevant to what you are seeking. Documents You need to file the following documents to make an originating application: Originating application Affidavit in support of the application (unless the court directs that evidence will be taken orally on oath, following an interlocutory application) Fees You will need to pay fees for certain steps in the proceedings. You can find general infor...

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9. [2010] NZEmpC 45 Miller v Fonterra Co-op Group Ltd [pdf, 38 KB]

   ...issues identified in paragraph 1.2 above, there would be no need for substantive hearing. This, Fonterra submitted, would meet the interests of justice and efficiency and would not prejudice the plaintiff. The application was supported by an affidavit of Fonterra’s general counsel, Mr Matthews, which annexed the relevant documentation. [7] The plaintiff opposed the application and filed a substantial affidavit in opposition setting out the circumstances of his employment with K...

10. [2012] NZEmpC 54 Maritime Union of NZ Inc v Ports of Auckland [pdf, 109 KB]

    ...decision “to introduce competitive stevedoring at its Fergusson and Bledisloe Container Terminal operations” and that a further press release naming the third company that would be working with the defendant was expected shortly. [13] The affidavits filed in support of the interim injunction stated that the union has received no information as to the terms of the contracts between the defendant and the selected contractors. The affidavits also deposed that the union understan...