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1. [2021] NZEnvC 192 Northport Limited v Whangarei District Council [pdf, 1.5 MB]

   ...for directions under s 293 of the Act to allow further publication and consultation in respect of changes sought by Northport Limited (Northport) to the Urban Package, particularly in relation to the generation of port noise. [2] Having received affidavit evidence from Whangarei District Council (the Council), neither party had any questions and the affidavits were allowed in without further confirmation. Accordingly, the hearing commenced on 4 February 2021 with those documents hav...

2. Wanoa v Wanoa - Succession to Rawiri Wanoa [2023] Chief Judge's MB 186 (2023 CJ 186) [pdf, 528 KB]

   ...Michelle Hauaaru Wanoa was also directed to submit evidence of her whakapapa connection to the deceased by 28 September 2022. On 27 September 2022, Susan Minot, counsel for Faith Wanoa and Michelle Wanoa, filed the respondents’ submissions. Affidavits from Faith Wanoa, Michelle Wanoa and Latasha Wanoa followed on 17 October 2022. 2023 Chief Judge’s MB 197 The hearing was held via Zoom on 2 December 2022. At the conclusion of the hearing I reserved my decision and inform...

3. [2021] NZREADT 28 - New Zealand LJ International Limited & Zeng (15 June 2021) [pdf, 327 KB]

   ...requirements under ss 134 to 137 of the Act in relation to the sale and purchase of a rural property at Kawakawa Road, Lake Taupo (“the Kawakawa Road property”) (“the disclosure issue”). [10] The matters set out below are taken from an affidavit sworn by Mr Gerald Gallacher, a senior investigator with the Authority, and documents exhibited to the affidavit. The audit reports issue [11] In December 2015, the Authority received a report from the Agency’s nominated audi...

4. Watson v Accident Compensation Corporation (Weekly Compensation) [2024] NZACC 019 [pdf, 315 KB]

   ...earnings in the relevant year. (d) Given that position, the Corporation should have applied s 15(3) to determine an amount that represents reasonable remuneration for services provided as an employee to the company. [22] Mr Watson filed an affidavit stating that from 20 April to 18 July 2021 he worked for the company L & M as a shareholder-employee, working at least 40 hours per week, and that a reasonable income for someone working as a director of the company would be at lea...

5. Wellington Standards Committee 2 v Mr K [2024] NZLCDT 18 (3 July 2024) [pdf, 322 KB]

   ...construction” was in line with the purposive approach taken in Deliu, Whata J disposed of the jurisdictional point in the Young appeal in these terms:14 [59] Returning to the present case, while Mr Young was acting for himself in preparing the affidavit of documents, he was, at that time, a practicing lawyer, albeit only for a few months. By omitting relevant documents, Mr Young failed to meet the standards expected of a competent lawyer. The purposes of the Act were therefore engag...

6. Toa'fa v Accident Compensation Corporation (Work Related Gradual Process Injury) [2023] NZACC 116 [pdf, 306 KB]

   ...alia, that an ulnar variance of 2 millimetres was clinically significant. [27] On 18 May 2022, Mr Boland re-affirmed his previous opinion and cited various medical research papers in support. 12 [28] On 18 August 2022, Mr Toa’fa provided an affidavit in support of his appeal. He stated that all of his work involved significant pronation of his wrist. He described the work he did and the accident on 26 June 2020, when he wrenched his right wrist backwards (he now knows that...

7. Waitangi Tribunal - Ngāti Kahu Remedies Report [pdf, 5.3 MB]

   T H E N G Ā T I K A H U R E M E D I E S R E P O R T Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz Downloaded from www.waitangitribunal.govt.nz t h e N g ā t i K a h u R e m e d i e s R e p o r t W A I T A N G I T R I B U N A L R E P O R T 2 0 1 3 W A I 4 5 Downloaded from www.waitangitribunal.gov

8. [2011] NZEmpC 11 Bernard Matthews NZ Ltd v Puhia [pdf, 117 KB]

   ...henceforth be entituled “Ovation New Zealand Limited (previously known as Bernard Matthews New Zealand Limited)”. 1 AA434/10, 7 October 2010. The relevant evidence [2] This is taken from the affidavits of the plaintiff‟s plant manager, Sean Naden, and the defendant, together with exchanges of correspondence between the parties. [3] On 18 November 2008 Mr Puhia was dismissed summarily in relation to an incident which had...

9. [2012] NZEmpC 58 Evolution E-Business Ltd v Smith [pdf, 110 KB]

   ...default in disclosing the document earlier for the purposes of inspection. [10] The disclosure that TTL paid the Kensington Swan invoices under a special loan agreement arrangement between TTL and Mr Smith, however, is not new information. In an affidavit sworn on 27 January 2011 filed in the proceeding, Mr Smith deposed in para 17: “TTL has provided me with a loan to assist me in meeting my legal costs in these proceedings but this is simply a loan.” To like effect, the no...

10. [2009] NZEmpC AC 26/09 Merchant v CE of the Department of Corrections [pdf, 35 KB]

    ...otherwise appropriate would cause undue hardship to the plaintiff. Assessment requires consideration of the total financial position of the plaintiff including both assets and liabilities and income and necessary expenditure. [30] In his affidavit, the plaintiff says that he has assets of approximately $500,000 and liabilities of $130,000; a net capital position of $370,000. I regard this as a conservative estimate as the plaintiff has omitted all chattels from his list...