Search Results

1. [2019] NZEmpC 16 Moody v Chamberlain [pdf, 256 KB]

   ...the Court taking a relaxed approach to the threshold requirements for incapacity.11 I agree that caution is required, so as not to unwittingly trample on individual rights and interests which the Courts have a key role in protecting. [10] Affidavit evidence annexing, by way of exhibit, an assessment report has been described as “best practice” in supporting a claim of incapacity for the purposes of r 4.29.12 No such assessment is before the Court. That is not, of itself, f...

2. JT & JB Ltd v SN [2021] NZDT 1582 (16 July 2021) [pdf, 197 KB]

   ...would expect to travel in the right lane. 2. SN had been parked in the car parks on the left side of Ghuznee Street. He was driving BI’s Subaru. He was about to leave the park. He said he thoroughly checked before leaving the park. His affidavit states that prior to moving from the park he saw a taxi approaching in the right lane with its right turn indicator on. SN was heading to Oriental Bay. Vehicles heading from Ghuznee to Oriental Bay would normally use the left lan...

3. [2022] NZEnvC 020 ERP Group Limited v Canterbury Regional Council [pdf, 200 KB]

   ...to the court. [2] On 27 January 2022, ERP lodged a notice of appeal against each abatement notice. Alongside their notices of appeal, they also filed applications to stay the abatement notices. The applications for stay are supported by the affidavits of Michael Corcoran and Andrew Tisch. Affidavits Affidavit of Andrew James Tisch1 [3] In response, Mr Tisch, engineer, was asked by ERP to provide stormwater solutions for Abatement Notice One (PE223650), including a realistic...

4. [2019] NZEnvC 157 Allison v Hawke's Bay Regional Council [pdf, 145 KB]

   ...1849 Puketitiri Road, Rissington, Napier. The abatement notice stated that compliance was required no later than 5.00pm on Wednesday, 18 September 2019. [2] At the same time, Mr Allison lodged an application to stay the abatement notice and an affidavit in support of that application. (3] By memorandum of its counsel, dated 9 September 2019, the Council advised that the application for a stay is not opposed. [4] In his affidavit, Mr Allison had set out his reasons in support of th...

5. Filing of Court Documents Quick Reference Guide [pdf, 182 KB]

   ...filing without notice applications. How do I get an affidavit witnessed? Phone 0800 COURTS (0800 268 787) and a team member will work with you to arrange a time and place for your affidavit to be witnessed. During the Level 4 lockdown some affidavits may be filed without being witnessed and referred to the judge for instructions. Please note: You must have an appointment at the court to file a without notice application or to have an affidavit witnessed. If you do not have...

6. [2017] NZEnvC 162 Mawhinney v Auckland Council [pdf, 24 MB]

   ...ENV-2017-AKL-000090 (application for declaration re existing use). [6] The Environment Court has, immediately prior to this decision, issued a procedural decision4 striking out many of the applications in the 2015 proceedings. [7] A voluminous affidavitS ("P W Mawhinney 1st affidavit"), with nine supporting volumes of exhibits, was lodged with the 2015 proceeding by Mr Mawhinney, and further affidavits were lodged by both parties in all the proceedings. We advised the part...

7. 2017 NZSSAA 063 (20 October 2017) [pdf, 247 KB]

   ...Authority. However, it was appropriate to attempt to lead the evidence (which the witness did not give). Counsel said the witness might have been confused over whether the person was a lawyer. [21.1] The Authority should expect appeals relying on affidavits without the deponents being present for cross-examination, whether or not the deponents were requested to attend for cross-examination. [21] The Ministry had fully considered the case before it was heard, so costs should no...

8. [2024] NZREADT 18 - HH v CAC 2201 & SL (19 June 2024) [pdf, 236 KB]

   ...a party to an appeal the opportunity to run their case afresh simply because they wish to conduct it differently. The application [28] The appellant seeks to produce: 1. An affirmation (4 April 2024) from the purchaser. 2. A supplementary affidavit (9 October 2023) from the purchaser’s wife. Submissions from the parties [29] The Tribunal has received from the appellant the application for new evidence (4 April 2024), the affirmation and affidavit sought to be produced, the a...

9. [2024] NZEnvC 212 Gisborne District Council v Ernslaw One Limited [pdf, 1.2 MB]

   ...Chiong Yong Tong and Ernslaw One Limited (together, the Respondents) relating to the plantation pine forest known as “West Ho Forest” at West Ho Road, Tolaga Bay (Legal Identifier GS5D/262 and GS5C/62). The application was filed together with 14 affidavits in support.2 1 Gisborne District Council v China Forestry Group New Zealand Company Limited [2024] NZEnvC 189. 2 Affidavit of Bevan Blunder sworn 24 October 2023; Affidavit of Jamie Botes sworn 24 3 Application for Enf...

10. Waive court fees organisation form July 2018 [pdf, 242 KB]

    ...fee or the organisation suffered undue financial hardship because it paid the fee. Tell us about the organisation’s financial circumstances I have attached: The organisation’s previous two financial statements. An affidavit from the organisation’s accountant, disclosing the organisation’s income, expenditure, available assets, liabilities, capacity to borrow, means of shareholders etc. Other information. (Please provide details.) Step 5 Tell us...