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1. Wellington Standards Committee 2 v O'Connor [2023] NZLCDT 18 (8 May 2023) [pdf, 177 KB]

   ...they first met. A Parole Board report on Mr Coles dated 22 June 20171 recorded Mr O’Connor as having “stated he first met Mr Coles a few years ago when acting as counsel for him…”. Mr O’Connor never commented on that document in his affidavit. In submissions to the Standards Committee2, Mr O’Connor advanced a different version: that, “when I entered practice, … I already considered Mr Coles a friend.” Mr O’Connor described the relationship as one of friendshi...

2. KU & UE v TQ Ltd [2021] NZDT 1649 (28 October 2021) [pdf, 292 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...

3. Hastie and Dredge TRI-2023-100-001 Procedural Order 4 [pdf, 154 KB]

   ...services agreement. Submissions opposing removal [38] The claimants accept that the delay in bringing this proceeding has been inordinate. However, the claimants submit that the delay is excusable due to the events referred to in Mr Hastie’s affidavit having had a significant impact on the claimants. Those events include, among others: (a) the local authority failing the final inspection for the remedial works; (b) the Canterbury earthquakes causing further damage to the p...

4. [2023] NZEmpC 75 Te Whatu Ora Health New Zealand v New Zealand Nurses Organisation Inc [pdf, 266 KB]

   ...2023, between 1.30 pm and 2.30 pm. [2] The application for urgency was granted and the Court heard argument yesterday. Preliminary issues [3] There were two preliminary issues. The first was that the plaintiff filed two further affidavits purportedly in reply to evidence from the defendant and an issue arose about whether they were to be read. In the end potential difficulties over them and their ambit were resolved by Mx Hornsby-Geluk accepting that they should be...

5. Wall v Karaitiana - Tauhara Middle 15 Trust (2008) 87 Taupo MB 107 (87 TPO 107) [pdf, 14 MB]

   ...December 2006. Hikuwai sought contributions fi'om pm1icipating trusts toward that amount by way of unsecured loan on terms set out in an undated Deed of Loan and Understanding and Grant of Right to Purchase annexed to Mr Wall' s first affidavit. So the first proposa l involved Tauhara 15 putting up $240,000 of its own funds as an unsecured loan to supp0l1 Hikuwai in a deposit on the entire Landcorp purchase. It is clear from the letter and clause 10.2 of the Deed that in a w...

6. [2010] NZEmpC 48 DAS Transport Ltd v Kirkwood [pdf, 26 KB]

   ...direct the case to further mediation. It proceeded with its investigation meeting on 12 November 2009 in the absence of the company or any representative of it. [5] The evidence in support of the company’s application for leave is provided by an affidavit sworn by Tania Stewart, a director and shareholder of the company authorised to give evidence on its behalf. Ms Stewart asserts that the company only received notice of the Authority’s investigation meeting about a week before...

7. [2012] NZEmpC 130 CPC (New Zealand) Ltd v Dunlop [pdf, 77 KB]

   ...allegations made, particularly as they related to the issue of mediation, could not simply be resolved on the papers. The other problem was that the allegations were made in the form of submissions by the parties’ representatives without supporting affidavit evidence. On 7 June 2012, therefore, I made a request pursuant to s 181(1) of the Employment Relations Act 2000 for the Authority to provide the Court with what is commonly referred to as a good faith report. In my minute d...

8. [2012] NZEmpC 213 Turner v Talleys' Group Ltd [pdf, 101 KB]

   ...commencing 10 December 2012 but neither 1 [2012] NZERA Christchurch 162. party has sought to take up that option. Accordingly, I have determined the applications on the papers which include affidavit evidence and written submissions. [3] Although the two applications (one from each party) are connected, they must be decided separately. I address, first, the plaintiff’s application for an order to stay execution of the Authorit...

9. [2012] NZEmpC 203 Tinkler v Fugro PMS PTY Ltd & Pavement Management Services Ltd [pdf, 111 KB]

   ...basis for the award they seek. They fail to do so at their peril. [8] The hearing took nearly a full day. It is apparent that Fugro’s counsel was required to consider the statement of claim and prepare a statement of defence, 6 peruse the affidavit and brief of evidence filed on behalf of Mr Tinkler and to prepare and file a brief of evidence in response (from Mr Yeaman). Mr Yeaman’s brief of evidence was 22 paragraphs long. Submissions were required and counsel...

10. Mika - Te Manawa o Tuhoe (2012) 54 Waiariki MB 16 (54 WAR 16) [pdf, 186 KB]

    ...chairperson, as a trustee. [24] Given my orders of 1 May 2012, Mr Waaka as a trustee is entitled to take trustees fees. While it was submitted that he would not take fees as a responsible trustee, I do note that Mr Goldsmith disclosed in his affidavit, that Mr Waaka would receive meeting fees for 15 meetings, when the trustees were advisory trustees. 54 Waiariki MB 22 [25] The ex-gratia payment would therefore be a top up on what Mr Waaka is entitled to receive as a truste...