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1. [2006] NZEmpC WC 24/06 Weston v Fraser [pdf, 32 KB]

   ...Authority’s determination. [5] In June 2006, Mr Weston personally applied for a stay of proceedings to prevent further execution of the charging order before his challenge to the Authority’s determination can be heard by the Court. He filed two affidavits in support, one from himself, and the other from his partner, Marian Allen. He states that he was discharged from bankruptcy in 2002 having lost everything, that he is unable to obtain credit to borrow any further monies...

2. LCRO 137-2016 HA v TY Decision [pdf, 100 KB]

   ...Committee determination. [10] Counsel for each party provided extensive submissions. Having considered these the Committee reached the view that Ms TY had fulfilled her obligations. [11] The Committee said:5 The Committee noted that Ms TY’s affidavit confirmed that she advised [ABCD] of its discovery obligations and the steps taken by [ABCD] to comply with those obligations. While legal professional privilege precluded Ms TY from specifically detailing to the Committee the advi...

3. [2016] NZEmpC 119 Initiative! Un Ltd v Rahman [pdf, 102 KB]

   ...meant it could not afford to write off as a loss the amount of money ordered to be paid in the determination (including costs) and would be materially harmed by being unable to obtain repayment. [6] That application was supported by a very brief affidavit from Peter Lochead confirming the essence of what had been said in the application. As to the company’s financial situation, Mr Lochead’s affidavit contains a very general statement that the company is in a state that it cou...

4. [2023] NZEnvC 036 Wellington City Council v Liffey Street Limited [pdf, 112 KB]

   ...Island Bay, \Vellington (tl1e site). LSL holds a resource consent allowing it to undertake residential development on the site (the resource consent) and Mr Vasist is LSL's site manager. [4] The application for the order was accompanied by an affidavit from Mr N Kumar, a Senior Compliance and Monitoring Officer at tl1e Council. Mr Kumar's affidavit referred to various conditions of the resource consent, particularly tl1ose relating to establishment of sediment control meas...

5. [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...

6. 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...

7. 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...

8. 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...

9. 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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10. [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...