Search Results

1. Nicholls v Nicholls - WT Nicholls Trust [2013] Māori Appellate Court MB 515 (2013 APPEAL 515) [pdf, 168 KB]

   ...Oamaru Bay and to prevent their entry or occupation of the Oamaru Camping Ground.1 [2] On 18 January 2013 an application was filed by the trustees for a memorandum transmitting the order by way of injunction to the High Court for enforcement. Affidavits as to service of the injunction order on the affected parties, as required by rule 9.8(1), were received dated 24 January 2013, 7 February 2013 and 14 February 2013 and 20 February 2013. [3] On 25 January 2013, a Notice of Appe...

2. Ching v Regmi & Ors [2014] NZWHT Auckland 4 [pdf, 94 KB]

   ...a duty of care owed to Mr and Mrs Ching? d) What is the quantum of Mr and Mrs Chings’ loss? e) What is the correct apportionment of contribution between Mr Choo and the Council? [6] Before I address the framed issues, I record that the affidavit of Aaron Sewell on the hearing file deposes that Mr Sewell personally served the claim documents on Mr Choo. Mr Choo has been provided with all further relevant documents including notice of the hearing on 12 March 2014. He has...

3. [2009] EBIIWU & ors v Carter Holt Harvey Ltd [Chief Judge Colgan, AC 22A/09, 9 December 2009] [pdf, 34 KB]

   ...further written submissions from the parties on the question of compliance of the employee protection provision (EPP) with the statute. [2] I note that Mr Yukich purported to file a further brief of evidence of Mr Moengaroa in the form of a sworn affidavit dated 22 June 2009 but in the absence of any application for leave to admit that evidence or consent by the defendant to its filing, I have not taken it into account. [3] I regret the delay in delivering this judgment...

4. LCRO 240-2015 OB v LC [pdf, 103 KB]

   ...complaint about Mr LC refers to a transcript of the X Court hearing and suggests Mr K’s conduct was entirely beyond reproach. The only attachment to Mr OB’s complaint that progressed to the Committee in support of Mr OB’s comments was an affidavit sworn by Ms B on 19 March 2014 in defence of Mr K. [7] Ms B says she was seated at the back of the court in the public seating area during a judicial conference and observed the events that were to become the subject of Mr OB’s...

5. IAA v van Zyl [2012] NZIACDT 59 (11 September 2012) [pdf, 77 KB]

   ...misrepresentation was only misleading as a matter of logic. [19] The complaint was the Authority’s, and Mr K was satisfied with the service he received. In these circumstances, consumer protection is not a real concern, and Mr K confirmed this in an affidavit presented in support of the submission. [20] Mr van Zyl produced a written statement in which he explained: [20.1] At the time, he genuinely believed he was complying with the requirements. [20.2] He approached the role he ha...

6. McCallum v The Māori Trustee - Estate of Ngapiki Waaka Hakaraia [2017] Chief Judge's MB 144 (2017 CJ 144) [pdf, 200 KB]

   ...fostered by a pakeha family and was not a whāngai of Johannes; and (e) Te Aroha Hakaraia providing a picture of Johannes’ gravestone that records him as a “loved uncle and great-uncle” without any reference to him having children. [17] An affidavit from Te Aroha Hakaraia was also filed submitting that there had never been talk about the whāngai relationship which James now claimed existed, and she had never seen Johannes and James interact in a way that suggested a father...

7. Tiopira - Bella Tiopira [2018] Chief Judge's MB 96 (2018 CJ 96) [pdf, 359 KB]

   ...Tiopira were vested in Bella Tiopira solely. 9. Further land interests of Naki Tiopira were vested in Bella Tiopira absolutely at 199 Rotorua MB 35 (22 October 1980). 2018 Chief Judge’s MB 101 10. The 2007 Application and Affidavit submitted by Naki Junior Tiopira does not record Whare Tiopira as a child of the deceased. 11. Whakapapa attached to an Application For A Search dated 8 March 1993 identified the deceased as having had 11 children, two of whom we...

8. [2017] EmpC 155 Quality Consumables v Hannah [pdf, 150 KB]

   ...costs. The parties were given the opportunity to make submissions on the defendant’s application. Mr Lynch, counsel for Ms Hannah, has filed submissions in support of the application. Those submissions are also accompanied by a copy of an affidavit filed by the director of the plaintiff company, Mr Alan McCormick, in the High Court proceedings. Mr Ryan, counsel for the plaintiff, has indicated to the Court that he is not instructed to file any submissions in opposition to the ap...

9. [2021] NZEmpC 46 Allison v Ceres New Zealand LLC [pdf, 225 KB]

   ...for the decision as a sham. [24] The starting point is the relevance of the anticipated evidence. If Mr Gowda has evidence that is relevant to the proceeding then it should be given and he can be compelled to give it. [25] While Mr Gowda’s affidavit referred to him not being the person who made the decision to dismiss Mr Allison he is, nevertheless, a senior manager of the defendant company. While the briefs of evidence have not yet been tested, the evidence anticipated to b...

10. HT v IU [2021] NZDT 1329 (13 April 2021) [pdf, 206 KB]

    ...$200 filing fee for an appeal. You can only appeal outside of 20 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 determination...