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1. [2012] NZEmpC 149 Edwards v 2 Degrees Mobile Ltd [pdf, 79 KB]

   ...recognisable role or work for the plaintiff to perform at the defendant company and, whilst the plaintiff maintains he is willing to work, in reality, there is no work for him. This is clearly an issue between the parties and there is conflict in the affidavits as to whether work is available. The plaintiff continues to maintain that there is vital work for him to perform and that he needs to remain in employment in order to safeguard his shareholding in the defendant. [18] As...

2. [2012] NZEmpC 127 Hutton and Others v Provenco Cadmus Ltd (in receivership) [pdf, 76 KB]

   ...Court’s discretionary power to grant an application can be based. 9 Mr Skelton explained the reasons underlying the delay in pursuing the application, confirming that they lay squarely at his door. I do not consider that the absence of an affidavit to this effect, which Mr Skelton offered to file if required, is fatal to the application. The reasons for the delay have been explained and drawn to the Court’s attention. The document at issue was before the Authority, and was,...

3. [2009] NZEmpC CC 18/09 Grey v Director-General of Conservation [pdf, 34 KB]

   ...determinative of a matter such as this. However, if the plaintiff has information suggesting otherwise, she may make an interlocutory application to the Court on notice, in which event the defendant will need to supply confirmation of his position on affidavit. [5] The next document or documents sought are “The Gallup poll analysis of staff satisfaction with DOC’s management for 2008 and 2009 with a breakdown showing the satisfaction of staff in the Nelson, Marlborough Conserva...

4. [2015] NZEmpC 212 Go Bus Transport Ltd v Hellyer interlocutory [pdf, 99 KB]

   ...those parties as well as counsel for Go Bus. Chief Judge Colgan will preside over a directions conference on these matters on 7 December 2015. Evidence and submissions of Go Bus [13] The Human Resources Manager of Go Bus, Mr Bardsley, filed an affidavit in support of the company’s application for stay. He deposed that Go Bus is in a financial position to pay the sum ordered by the Authority to Mr Hellyer; and that it would be prepared to pay that sum into Court pending the fin...

5. L v O [2015] NZIACDT 81 (14 August 2015) [pdf, 97 KB]

   ...The responses The complainant [9] The complainant did not file a statement of reply, and was not required to do so if she agreed with the contents of the Statement of Complaint. The adviser [10] The adviser filed a statement of reply and an affidavit. The Tribunal issued a direction. It noted that the adviser’s response was undisputed, and provided the Registrar with an opportunity to file any evidence in reply, and apply for an oral hearing to cross-examine the adviser. The Regis...

6. Ogle - Mangamuka East No.1B No.1B (2015) 103 Taitokerau MB 284 (103 TTK 284) [pdf, 183 KB]

   ...land to be the property of Maraea Ogle’s descendants pursuant to s 30(1)(a) of the Māori Affairs Act 1953. 3 The partition application [5] The partition application was filed on 11 June 2012. It was supported by several documents comprising affidavits/statements from the applicants, letters in support or opposition, other correspondence between the owners, minutes of meetings of owners, diagrams of the areas for partition and other information to do with the land. [6] The gro...

7. Guidelines: Counsel for subject person - Personal and Property Rights Act [pdf, 94 KB]

   ...These revised Guidelines are issued on 24 March 2011 and come into operation on 24 March 2011. Judge P F Boshier PRINCIPAL FAMILY COURT JUDGE APPENDIX A TASKS FOR COUNSEL FOR SUBJECT PERSON WHEN A NEW WILL IS REQUIRED 1 Ensure that an affidavit from the subject person’s regular doctor has been filed as to the subject person’s testamentary capacity as follows. (a) Does the subject person understand that by the will they would be disposing of their property on their death t...

8. Auckland Standards Committee v Holland [2014] NZLCDT 13 [pdf, 138 KB]

   ...$4,600.00 and/or reg 9 of the Lawyers and Conveyancers Act (Trust Account) Regulations 2008 by debiting $4,600.00 in fees from the firm's trust account without complying with the requirements of reg 9. And upon the grounds appearing in the affidavit of Timothy Richard Maffey filed in support of these charges.

9. [2015] NZEmpC 65 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 120 KB]

   ...documents are altogether too remote from the matters at issue in this proceeding. [23] Taking account of Ms Alim’s overseas domicile, the documents set out at in [21] above must now be disclosed by the plaintiff to the defendant by a verified affidavit of documents to be sworn, filed and served within the period of 21 days of the date of this judgment. [24] There will be no order for costs on this challenge to objection to disclosure, both parties having been successful an...

10. IT v KRR [2015] NZIACDT 66 (28 May 2015) [pdf, 99 KB]

    ...form, which was not completed. He engaged a different adviser the following day, and told Mr R that he had done so. [13.3] Mr R completed parts of the agreement without further authority from the complainant. [14] Mr R filed a memorandum and an affidavit. The key elements in his response were: [14.1] He accepts the fee could not be recovered, as the agreement was not sufficiently clear as to the basis for calculating the fee. [14.2] The complainant was not forced to sign the agreemen...