Search Results

1. Dermot Nottingham, Philip Nottingham, Robert McKinney & Property Bank Realtor Limited v The Real Estate Agents Authority (CAC 10057) & Martin Honey [2017] NZREADT 61 [pdf, 183 KB]

   ...submissions for the purpose of the rehearing. [10] Mr D Nottingham has applied for leave for further evidence to be admitted at the rehearing: [a] unsigned briefs of evidence prepared by Mr Honey and Mrs Honey in December 2015; and [b] an affidavit prepared by Mrs Honey in the course of the District Court proceeding. [11] Mr Simpson advised that the Authority is neutral as to the application, and has filed only limited submissions. [12] The application is opposed by Mr Grove...

2. Auckland Standards Committee v Tupou 2010 NZLCDT 3 [pdf, 144 KB]

   ...church.” [12] The second explanation or contextual matter provided by the practitioner is the pressure of his work in general and in particular at that time. Dealing firstly with the pressure of his work Mr Tupou filed as an exhibit to his affidavit, a schedule of his files for the years 2000 to 2009. His workload clearly increased significantly after 2006 and by 2008, the year in question, he was managing over 800 files. Our understanding is that he did this with only the s...

3. Auckland District Law Society v Dorbu [2009] NZLCDT 3 [pdf, 151 KB]

   ...be artificial to say that the investigation is complete at the point of the sufficient gravity finding. After all, as occurred in this case, further work of an investigatory nature remained to be undertaken, being the obtaining and settling of affidavit evidence in support of the charges. Although this function was delegated to counsel, the statutory process is susceptible of the interpretation that counsel completed the investigation on behalf of the Committee. On this approach the...

4. [2018] NZEmpC 153 Rauland NZ Limited v Delvo [pdf, 224 KB]

   ...notice’ applications such as this, the applicant is obliged to put relevant information before the Court, including information that may assist the respondent’s defences. In this case the applicant has filed in support of its application three affidavits which set out the basis for the application. The application is also supported by documents which are annexed to the affidavits put before the Court which would appear to speak for themselves. The affidavits have been sworn and...

5. [2019] NZEmpC 68 Randle v The Warehouse Ltd [pdf, 248 KB]

   ...investigators gave evidence of The Warehouse’s internal investigation. Apart from Ms Randle, none of the people who were in the hotel room gave evidence. [7] Two people who say they were in the hotel room at the relevant time have now provided affidavits in support of Ms Randle’s application to reopen the Authority’s investigation. Ms Randle claims the affidavits contain new and important evidence. [8] The two people are a married couple. The wife was a colleague of Ms R...

6. [2018] NZEnvC 136 West Coast Regional Council v Westland District Council [pdf, 535 KB]

   ...the following applications, dated 7 August 2018: (i) to amend Order A(e) in the decision, changing the date for compliance from Friday 3 August 2018 to Tuesday 7 August 2018; (ii) for waiver (s 281(1)(a)(vi)) of the requirement to provide an affidavit as part of the application to change enforcement orders; (iii) for waiver (s 281(a)(iv)) of the requirement to provide notice as to the application and an affidavit as to service of the Regional Council. Application to further chan...

7. [2019] NZEmpC 79 Watts & Hughes Construction Ltd v De Buyzer [pdf, 202 KB]

   ...order is sought will outweigh the public interest in their being publicly named. [5] Here the application for non-publication is for several organisations and/or people. In fact, it is not clear, either from the application or from some of the affidavits, whether the non-publication is sought for the name of the individual swearing the affidavit, or the organisation that employs them, or both. Ms Mathieson, advocate for the plaintiff, says ideally the names of both the organisatio...

8. [2013] NZEmpC 32 Piefection Foods Ltd v Hume [pdf, 133 KB]

   ...an application for stay of proceedings AND OF an application to strike out proceedings BETWEEN PIEFECTION FOODS LIMITED Plaintiff AND IAN HUME Defendant Hearing: on the papers - affidavits and submissions received 5 and 18 December 2012 and 16, 17 and 25 January 2013. Appearances: Andrew McEwan, agent for the plaintiff. Robert Thompson, advocate for the defendant. Judgment: 13 March 2013 INTERLOCUTORY JUD...

9. Trustees in the Section 14 Block XIII Tautuku Trust v Cairns - Part Section 3 Block XIII Survey District (2015) 29 Te Waipounamu MB 48 (29 TWP 48) [pdf, 202 KB]

   ...rights of renewal and do not consent to a periodic tenancy. They claim that the Cairnses are not entitled to continue to occupy the property and do so without right, title or licence. [10] At the hearing on 7 July 2014 all evidence was presented by affidavit and oral submissions were made. I granted leave for the Cairnses to respond in writing to legal submissions made by the applicants, with a subsequent right of reply to the applicants. Background The Leases [11] There are tw...

10. [2017] EmpC 154 Sawyer v Victoria University [pdf, 330 KB]

    ...Relations Act 2000 (the Act) and is seeking an extension of time within which to do so. In seeking that extension, a preliminary issue has arisen in which the Vice-Chancellor claims that Dr Sawyer’s application, and certain passages in her supporting affidavits, waive the professional privilege she has in communications with her counsel at that time, Mr Greg Lloyd. Dr Sawyer says she has not waived her privilege. The consent [4] A statement of problem was filed in the Authority...