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1. Cooper - Te Pupuri Whenua Trust o Puke Te Ao Trust (2016) 363 Aotea MB 89 (363 AOT 89) [pdf, 211 KB]

   ...accordance with the Rules and no member of the preferred class has registered any wish to exercise the right of first refusal. Copies of the relevant notices have been provided by Mr Pou and I have included them as an additional appendix to the affidavit of Mr Cooper. [17] In terms of the criteria in section 152 of Te Ture Whenua Māori Act 1993 I am satisfied that the instrument of alienation dated 11 November 2016 has been executed and attested in the manner required by the Rules...

2. WQ Ltd v ND Ltd [2020] NZDT 1323 (10 November 2020) [pdf, 152 KB]

   ...$200 filing fee for an appeal. You can only appeal outside of 28 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...

3. Phillips v The Trustees of Mohaka A4 Trust - Mohaka A4 [2010] 2010 Maori Appellate Court MB 425 (2010 APPEAL 425) [pdf, 81 KB]

   ...indemnity cost on the following basis: a) That the appeal was without merit; b) The grounds of appeal were irrelevant; c) The application to adduce further evidence significantly increased preparation and none of the material referred to in affidavits was “fresh”; d) The appellants have a history of interfering with the lawful occupation of the land and have in the past been subject to injunctive removal from the block; e) Baseless allegations were made against the Actin...

4. Rua - Kotipu 2 (2003) 81 Ōpōtiki MB 35 (81 OPO 35) [pdf, 429 KB]

   ...some immediate action was necessary to deal with the situation in order to diffuse tensions existing between the parties. I convened the Court that day at 6pm on Kotipu 2. (75 OPO 71-73) The grounds for bringing the application are set out in the affidavit accompanying the application. Bishop Rua, as the son of Mau Rua, claimed a mandate from his family to seek the injunction. He further claimed that in 1989 he and other owners in the block planted the stand of trees on Kotipu 2. He alle...

5. LCRO 277/2016 CH v DS (7 March 2019) [pdf, 175 KB]

   ...relationship property matters. [18] HM responded on 1 April 2016. The first item in his letter referred to the Protection Order. He said: CH is adamant that he does not need to attend a non-violence program…[and] refutes what VN has alleged in her affidavit…. [19] HM advised that he would: shortly be filing [a] detailed response and seeking a formal hearing in the Family Court so that CH can be heard on the issue of the existing temporary Protection Order. [20] It is clear...

6. 2021-02-22 Special Advisor (Ian Gordon) - submission on Willowridge s 281 application [pdf, 150 KB]

   ...142, 149T and 149U;1 and b. a person who was not a submitter on the plan change. 2. In preparing these submissions, counsel has reviewed the documents (i) to (viii) listed at paragraph [10] of the Court’s Minute of 26 January 2021, and the affidavit (and exhibits) of Alison Devlin dated 12 February 2021. 3. The proceeding is proposed Plan Change 8 to the Otago Regional Plan. It was commenced by way of notice of motion under s 149T(2) of the RMA, following a direction by the...

7. Re Alkazaz (Rejection of Statement of Claim) [2020] NZHRRT 43 [pdf, 191 KB]

   ...email accounts). This cost is only in relation to the external third party required to conduct part of the process, it does not include the cost of internal time required to review and disclose any documents (if they exist). Counsel refers to the affidavit of Ms Selena Skilton, sworn on 25 September 2019 that sets out this process in greater detail. The Secretary’s first email [5] By email dated 6 October 2020 timed at 10:55am the Secretary advised Mr Alkazaz his statement of claim c...

8. Grigorovich v Stapleton (Strike-Out Application) [2018] NZHRRT 44 [pdf, 234 KB]

   ...merely an application to raise a personal grievance out of time which was subsequently withdrawn. The implication is that s 79A was not triggered. [19] The ERA file is not before the Tribunal. However, a number of the ERA documents are annexed to an affidavit by Mr Stapleton sworn in support of the strike-out application. These include Mr Grigorovich’s application to the ERA, the statement in reply/notice of opposition filed by Babbage and the ERA determination dated 23 June 2016....

9. [2022] NZEmpC 50 Gate Gourmet New Zealand Ltd v Sandhu [pdf, 206 KB]

   ...agreement. The application is effectively an interlocutory application. [26] I do not accept that costs of $6,707 are reasonable in the circumstances. The claim for such costs was incorporated in a relatively brief memorandum and supporting affidavit; no appearance was required. A further memorandum was filed in response to matters raised by the plaintiffs. The key points requiring focus were not 12 Southall v Tuau [2015] NZEmpC 177 at [29] and [31]. 13 See, for example,...

10. WU v QD [2021] NZDT 1613 (27 July 2021) [pdf, 270 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...