Search Results

1. [2012] NZEmpC 43 CentrePort Wellington Limited v Maritime Union of NZ & Anor [pdf, 75 KB]

   ...of Sunday, 4 March 2012, the plaintiff filed an application for an interim injunction along with an application for urgency. I issued a minute on the same day directing a hearing for this morning and fixed a timetable for the filing of further affidavits. A directions conference was convened yesterday in which further issues were raised and dealt with. The stated grounds upon which urgency was sought were: 2.1 The members of the first and second respondents (defendants) comm...

2. [2013] NZEmpC 160 Dr X v a District Health Board [pdf, 74 KB]

   ...in the public domain by commencing litigation. [6] The applicant contends that exceptional circumstances exist justifying permanent non-publication, including having regard to the alleged basis on which settlement was reached. A supplementary affidavit, which included reference to the terms of settlement, was objected to on behalf of the respondent. Mr McBride mounted a three-pronged objection to the admissibility of the affidavit, on the basis that it had not been contemplated...

3. C v H LCRO 49 / 2009 (27 May 2009) [pdf, 21 KB]

   ...been delivered with a covering letter from XXXX’s solicitors it is possible that the Court would have found that the notice was given “under the hand” of a person authorised by the landlord. However, representatives of the tenant stated in affidavits filed in the statutory demand proceedings that the notice had been given by Client C showing the valuer’s letter to a representative of the tenant. Client C later filed a further affidavit stating that he had handed the valuer�...

4. Graham - Parish of Komakorau Lot 240B2 (2016) 124 Waikato Maniapoto MB 188 (124 WMN 188) [pdf, 183 KB]

   ...30 June 2016, with the applicants to file a memorandum by 4.00pm, 8 July 2016 addressing the issue of compliance. I also indicated that I intended to carry out a final site inspection after the memorandum was filed. 3 [5] On 8 July 2016 an affidavit was filed by one of the applicants, Mānia Ōrīwia Hope addressing the conditions I had imposed. On the same day the Court received an e-mail from Gudrun Jones, counsel for Waikato District Council responding to the entranceway iss...

5. [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...

6. 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...

7. [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...

8. 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...

9. [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...

10. [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...