Search Results

1. WB v Stevenson LCRO 301/2013 (11 December 2014) [pdf, 112 KB]

   ...have been made on the day of settlement and recorded in the settlement statement provided to WB. Due to the fact that it was paid out after settlement it appears it did not come to the attention of WB or his client until some time later when an affidavit for contemplated court proceedings was provided. [24] In the application for review Ms Stevenson’s arguments focussed on her position that, in the context of the relationship property dispute, the payment was in the interests of...

2. Submissions on behalf of Guardians of the Bays Incorporated (dated 13 April 2018) [pdf, 136 KB]

   ...not have treated the Court and parties with the respect they deserve. WIAL’s most recent memorandum of 26 February 2018 was very cursory (just over one page of text), despite seeking a further 6 month extension. It was not accompanied by any affidavit evidence confirming the progress it had made in respect of its application to the Director, or what is intends to do to minimise further delays; which might have been expected in the circumstances. WIAL has not even confirmed wha...

3. LCRO 197/2013 RN v WB (7 August 2017) [pdf, 134 KB]

   ...action was not necessary because the fees were fair and reasonable. [35] Ms RN’s objection to the amount of the costs is mostly based in part on her belief that the s 13 claims was unsustainable so all the time Ms WB put into preparing her affidavit with a focus on the s 13 argument was a wasted exercise. Ms RN also believes an estimate Ms DL provided was exceeded and not revised. [36] The s 13 claim has been addressed above. There is no basis for a reduction in fees arisi...

4. [2017] NZEnvC 033 Brownlie Brothers Limited v Far North District Council [pdf, 332 KB]

   ...Brownlie Brothers Limited contributed to the level of costs by its failure to collaborate on finalising the statement of issues and on exchanging information in relation to the evidence to be given by expert witnesses. [11] The NRC also filed an affidavit from Bruce Howse sworn on 17 February 2017. Mr Howse is a senior officer of the NRC and his evidence sets out the work done on the model used by the NRC to assess flooding in and around the Kerikeri River. He states that the mode...

5. Green v De'Ath [2018] NZIACDT 50 (13 December 2018) [pdf, 214 KB]

   ...three complaints (or sets of complaints) against Mr De’Ath. This is essentially a criminal law concept whereby the just cumulative sentence for multiple 6 Green v De’Ath [2018] NZIACDT 43. 7 Affidavit Mr De’Ath, sworn 16 November 2016 at [42]. 8 offences should reflect the total wrongdoing. This can require the downward adjustment of sentences for individual charges. I do not see that as having any relevance to the sancti...

6. Finlay v Baker [pdf, 42 KB]

   ...dependent on the removal application from Mr Baker. Joinder Stephen Victor Donaldson 47. The first respondent, George Baker, applied to join Stephen Victor Donaldson. The application was previously deferred pending further information. 48. Affidavit evidence has been produced to show that Mr Donaldson was not involved in this building in a way that would make him liable to the owner. 49. The application was declined without opposition. Tauranga City Council 50. This applicat...

7. Panapa - Ngawhare rāua ko Merepapuha Raukura Maika Te Rangipuawhe Whānau Trust (2017) 159 Waiariki MB 277 (159 WAR 277) [pdf, 228 KB]

   ...Maika submits that Ngawhare’s intention in creating the trust was to keep his land interests together, as they would become almost worthless if divided between his 15 children. [17] Roger James Mair, husband of one of the trustees filed an affidavit stating that Ngawhare had witnessed the dissemination of land interests in other families where shares became worthless when continually divided across multiple generations, and wished to avoid the same result in regards to his own s...

8. [2020] NZEnvC 208 Te Runanga o Arowhenua v Canterbury Regional Council [pdf, 158 KB]

   ...to the appeals [4] No party to Ngā Rūnanga’s appeal opposed the making of the orders.5 1 ENV-2018-CHC-174 (Rangitata), 175 (Ngā Rūnanga) and 176 (Hodgson & ors). 2 Application for interlocutory order dated 26 November 2020 and affidavit in support of T R McCormick. 3 The meaning of ‘resource consent application’ is addressed elsewhere in the decision. 4 CRC 170654. 5 Canterbury Regional Council memorandum dated 27 November 2020. 3 [5] On the basis that...

9. [2020] NZEnvC 112 Lindis Catchment Group Incorporated v Otago Regional Council [pdf, 1.2 MB]

   ...reason these permits were included in the application under section 87G of the Resource 1 2 3 Copy of Figure 36 from the AEE [Environment Court document 0.1]. In each case the new permit number begins with "RM17.301". S A Dicey affidavit 2 August 2019 Exhibit SAD-1 column 4 [Environment Court document 77]. 3 Management Act 1991 ("the RMA" or "the Act") is that historically these areas were irrigated with water from the Tarras Race, but that prac...

10. [2020] NZEmpC 59 Johnson v Chief of the NZ Defence Force [pdf, 246 KB]

    ...of proceedings 2.0 $4,780.00 11 Preparation for directions conference 0.4 $956.00 12 Filing memorandum for directions conference 0.4 $956.00 13 Appearance directions conference 0.2 $478.00 434 Plaintiff’s preparation of briefs or affidavits 2.0 $4,780.00 44 Plaintiff’s preparation of list of issues, agreed facts, authorities and common bundle 2.0 $4,780.00 46 Preparation for hearing 2.0 $4,780.00 47 Appearance at hearing for sole representative 2.0...