Search Results

1. [2018] NZEmpC 101 Ovation New Zealand Ltd v The New Zealand Meat Workers and Related Trades Union Inc [pdf, 322 KB]

   ...2 Ovation New Zealand Ltd v The New Zealand Meat Workers and Related Trades Union Inc [2018] NZEmpC 73 at [7]. b) Issue was taken with evidence contained in the applicant’s supporting affidavit, in which it was stated that some collective agreements of MIA members contain rest breaks clauses similar to one of those which is before the Court for present purposes. But it was submitted that more fundamentally, the proper inte

2. [2021] NZEnvC 037 Ngai Tamahaua Hapu Committee v Heritage New Zealand Pouhere Taonga [pdf, 782 KB]

   ...[20] There were several other strands to the basis on which the Hapu Committee sought waivers. A range of concerns about the absence of consultation, or about the quality of such consultation as there was, were raised. The submissions and the affidavits filed in support raised issues concerning the authority or mandate of other bodies representing tangata whenua in the area of Opotiki. There were also issues raised about the title to the land on which the projects are being carrie...

3. Auckland Standards Committee 2 v Halse [2021] NZLCDT 7 (19 March 2021) [pdf, 177 KB]

   ...actions in respect of the potential bank lending were a significant focus of the Standards Committee’s case. It was these (alleged) actions that were said to lift the matter into the category of misconduct. [5] Shortly before the hearing, affidavit evidence from an unaligned professional who had knowledge of material events effectively refuted that the practitioner had promoted the interests of client-sourced lenders above the interests of the complainant client. This led the...

4. Partridge & Anor as Trustees for the Partridge Family Trust v McClune [pdf, 110 KB]

   ...proceedings are based.” 19. In considering the applications for removal, I have taken into account all the information and evidence that has been presented to date. This includes the assessor’s report, the application filed with the Tribunal, the affidavits produced by the respondents and the statements and evidence copied and provided to the tribunal by the claimant. I note that exchange of documents has, by and large, taken place and that the claimant has had access to all...

5. Lee v Napier City Council [2010] NZWHT Auckland 13 [pdf, 94 KB]

   ...submits that even if it was reasonable for the claimants to assume, when starting the proceedings, that the Trust was a developer, it ceased being reasonable to do so from the time of Greer and Shepher’s removal application supported by Greer’s affidavit dated 14 July 2006. [3] Mr Gray submits that his file record and the claimants’ pleading both make it clear that the claimants did not know if the Trust was a developer of the property as distinct from Angus and Julie B...

6. LCRO 153/2017 ACE v BDF (28 September 2018) [pdf, 199 KB]

   ...GIK’s counsel because of Mr BDF’s failure to act on her concerns. 4 At [15]. 5 [23] On Mr BDF’s advice Ms ACE had “only carefully hinted at [her safety concerns for HJL] in her first affidavit”. [24] With her application, she provided extensive notes about HJL’s behaviour, which she had provided to Mr BDF, but had not provided to the Committee to protect her daughter’s privacy. [25] The outcome of the review so...

7. [2020] NZEnvC 163 Lindis Catchment Group Incorporated v Otago Regional Council.pdf [pdf, 154 KB]

   ...(“ORC” or “the Council”) have responded to each decision with a memorandum in reply5 suggesting relevant amendments to be made as per the Orders in each decision. A memorandum on behalf of the Council dated 17 September 2020, accompanying affidavits of Mr M A Hickey and Mr B Cowie, and a final suite of conditions have been filed to reflect the relevant changes sought. [4] No other party has made submissions on the water permits which are the subject of this decision....

8. Bayne v Trustees of the Ngāti Rehua Ngāti Wai Ki Aotea Trust (2019) Chief Judge's MB 1432 (2019 CJ 1432) [pdf, 228 KB]

   ...764 (2016 CJ MB 764). 2019 Chief Judge’s MB 1435 Respondent’s submissions [12] The interim trustees of the Ngāti Rehua Ngāti Wai ki Aotea Trust Board responded to the applicant’s submissions in the form of a memorandum, and an affidavit by Michael Beazley, a kaumatua and registered beneficiary of the Trust, received on 13 June 2019. [13] The respondents submit that the applicant has not evidentially proved her claim as she did not produce evidence to prove how th...

9. [2018] NZEmpC 111 Hines v Eastland Port Ltd [pdf, 256 KB]

   ...1 $2,230 11 Preparation for first directions conference 0.4 $892 12 Filing Memorandum for first directions conference 0.4 $892 13 Appearance at first directions conference 0.2 $446 36 Defendant’s preparation of briefs and affidavits 2 $4,460 384 Defendant’s attendances to common bundle 1 $2,230 39 Preparation for hearing 2 $4,460 40 Appearance at hearing for sole representative on 23 March (3/4 day), 4 April (1/2 day), 9-13 April and 24 April...

10. [2018] NZEmpC 131 RPW v H [pdf, 244 KB]

    ...140(6) of the Employment Relations Act 2000 (the Act). It was also to be a further opportunity for the plaintiff to make submissions if it chose to do so, and I have received submissions from Mr Hood on behalf of the plaintiff. [4] A further affidavit and further information has been provided to the Court by both the plaintiff and the defendants. The plaintiff’s further information relates to matters of postings on social media since my judgment of 11 October 2018. The first...