Search Results

1. [2006] NZEmpC CC 10/06 Fonterra Brands (Tip Top) Ltd v Dillon [pdf, 26 KB]

   ...plaintiff has now applied to the Court for a stay of proceedings on the Authority’s determination pending the outcome of the challenge. The defendant opposes the grant of such a stay. [2] In support of the application, the plaintiff has filed an affidavit from Judith Ann Mair, the South Island operations manager for the plaintiff. For the defendant, Ms Stringleman has filed a detailed notice of opposition setting out her submissions. Ms Mills and Ms Stringleman are...

2. [2014] NZEmpC 2 Cottrell v Nelson SPCA [pdf, 32 KB]

   ...That meant the last day for filing was Wednesday 13 November 2013. The applicant missed that deadline. The current application for an extension of time, together with an application for stay of execution of the costs determination and two brief affidavits in support, was filed on 20 November 2013. Application to extend time [5] The lack of opposition to the application to extend time does not necessarily mean that it ought to be granted. The Court must be satisfied that it is i...

3. [2020] NZEmpC 145 Horton v ST & CJ Bell Ltd [pdf, 196 KB]

   ...of a plaintiff to have access to the Court against the interests of the defendant.7 Analysis [12] This application fails at the first hurdle. Three reasons were given to support the application all contained in an extremely brief supporting affidavit. They were that a property search by Bell’s lawyers showed Mr Horton did not own any real estate, his income (if any) was unknown, and substantial costs had already been incurred. Bell disclosed that, to date, its costs were...

4. [2022] NZEnvC 007 Canterbury Regional Council v MacLee Holdings Ltd [pdf, 142 KB]

   ...the Act against MacLee Holdings Limited. The location is 293 Manion Road, Rolleston which is a rural property of some 3.52 hectares owned by MacLee Holdings Ltd1 (“the property”). [2] The application for enforcement order was supported by affidavits from: (a) Joseph Leonard Cronin, Environment Canterbury Resource Management Investigator, dated 1 November 2021; and (b) Dr Lisa Caryn Scott, Environment Canterbury Groundwater Science Team Leader, dated 2 November 2021. [3] Th...

5. [2023] NZEmpC 207 The Pho House Ltd T/A Zeke v Branford [pdf, 182 KB]

   ...1 Branford v The Pho House Ltd [2023] NZERA 427 (Member Craig). essence the company says that a stay is necessary to protect its challenge rights. The application is opposed by the defendant. [2] The parties have filed submissions and affidavits in support of, and in opposition to, the application. It was agreed that the application could be dealt with on the papers. [3] The approach to applications of this sort is well established. As the Act makes clear, a challeng...

6. [2024] NZEnvC 104 Auckland Council v Li [pdf, 167 KB]

   ...Application is not given by 9 August 2024. B: Costs are reserved REASONS Introduction [1] On 29 April 2024 the Auckland Council (the Council) applied for enforcement orders against Ms Li (Respondent). The application was accompanied by an affidavit of Tjaart van Zyl, Acting Senior Investigator of the investigations team at the Council. [2] The enforcement orders are sought in relation to a property at 202 Albany Heights Road, Auckland, legally described as Lot 3 DP 95423 (Pro...

7. [2025] NZEmpC 100 Harte v Te Whatu Ora - Health New Zealand [pdf, 148 KB]

   ...current employment, and mental wellbeing. It also stated that there is limited public interest in knowing their identities. As an alternative, it asked that the witnesses’ names be anonymised if non-publication orders are not made. [4] An affidavit has been filed on behalf of Te Whatu Ora in which it is claimed that the employment with Te Whatu Ora of at least two of the seven witnesses is not secure as a result of a change process. The affidavit states that the witnesses are...

8. Canterbury Westland Standards Committee v Simes [2012] NZLCDT 4 [pdf, 194 KB]

   ...she is responding to the alleged lack of supervision while overseas,6 to her supervision of multiple providers in the normal course of operating her practice,7 and to the issue of the provision of legal advice by non-lawyers.8 Also, in her First Affidavit dated 20 October 2011, Ms Simes acknowledges the allegation of difficulty in her being able to appropriately supervise multiple providers in the normal course of practice (ie. at all times, not just when overseas) made in the Legal Ser...

9. Waitangi Tribunal - East Coast Settlement Report [pdf, 1.1 MB]

   t  h  e    E  a  s  t   C  o  a  s  t    S  e  t  t  l  e  m  e  n  t   R  e  p  o  r  t Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz t �

10. Far North District Council v Maihi – Maungakawakawa 5G (2013) 52 Taitokerau MB 138 (52 TTK 138) [pdf, 132 KB]

    ...be the subject of the present application. Thus, the instalment penalty of $55.40 dated 28 November 2011 cannot be claimed. Has the Council established its entitlement to a charging order? [12] The Council’s application was supported by an affidavit from Cheryl Gavin- Young, who is employed by the Council as Revenue and Collections Manager. Her affidavit details the Council’s dealings with Mr Maihi over the years and includes a “transaction history” document (Exhibit “A...