Search Results

1. [2019] NZEnvC 089 Schwartfeger v Northland Regional Council [pdf, 5 MB]

   ...favour of the Council, such that the Court confirms the Council has the power to revisit any remission of fees at least prospectively during the life of the consent even of the type expressed in CON20120910401 (01-03). Factual background To his affidavits dated 20 December 2018,11 February 2019 and 28 March 2019 6 Mr Schwartfeger attached considerable documentation of the Council's actions some of which is referred to in the timeline below: a) Remission of all existing...

2. Taueki - Horowhenua 11 (Lake) (2018) 386 Aotea MB 142 (386 AOT 142) [pdf, 256 KB]

   ...activity. They confirmed they were from Tatana Limited, and they remained there working during the time counsel was on-site, approximately 30 minutes. When counsel left the scene, the workers were still there. This has been confirmed by a further affidavit from Mr Taueki dated 17 June 2018. [11] Counsel further contends that: (a) as the works construct a walkway/access track around the Lake, the Trust causes an injury to Māori land, by purporting to alienate Māori land without...

3. Committee of Management of Mangatawa Papamoa Blocks Incorporation - Lot 1 DPS 65413 (2018) 164 Waikato Maniapoto MB 69 (164 WMN 69) [pdf, 305 KB]

   ...telephone was held on 6 April 2018.4 On that day counsel raised the possibility, after having received my directions, of making an application for rehearing. Subsequently a rehearing application was received on 16 April 2018, together with an affidavit in support. 4 160 Waikato Maniapoto MB 14-22 (160 WMN 14-22). 164 Waikato Maniapoto MB 72 The Law [14] Section 43 reads as follows: 43 Rehearings (1) Subject to subsection...

4. [2021] NZREADT 11 - Beath v The Real Estate Agents Authority, Mike Pero Real Estate Ltd, Kemp & Scoble (22 March 2021) [pdf, 246 KB]

   ...provided. [25] Mr Darroch submitted that relevant emails held by the Agency and the licensees were provided as part of the Authority’s investigation, and Mr Beath has had the benefit of the additional check provided by all parties having provided affidavits of documents in the High Court proceeding. He submitted that Mr Beath appears to believe that further emails exist, but has not provided any grounds for this belief, or any factual basis for it. He submitted that the type o...

5. [2020] NZEmpC 140 Mataura Valley Milk Ltd v Scott [pdf, 246 KB]

   ...owned by Happy Valley, to identify whether Mataura Valley’s confidential information has been incorporated into files stored on the devices. [18] Some conditions were incorporated into the application and amplified on in submissions and in an affidavit by Mr May. In summary, the proposed conditions were that: (a) the inspection would be undertaken at the office of the independent solicitor, Wynn Williams; (b) the inspection would be subject to an undertaking from Mr May to...

6. [2020] NZEmpC 96 Innovative Landscapes (2015) Ltd v Popkin [pdf, 203 KB]

   ...only concern is to ensure that N R is not required to pay more by way of costs than is needed to indemnify M R. That concern can readily be addressed, if it be thought necessary, by requiring a solicitor’s undertaking, or for that matter an affidavit, in any given case to the effect that M R has incurred a liability to pay not less than the sum awarded. It does not require that N R be permitted to intervene in the relationship between M R and her lawyers.

7. LCRO 5/2017 QU v JP, YE and KJ (31 March 2017) [pdf, 115 KB]

   ...QU indicates that he intends to raise as a defence to the fee claim brought by the practitioner. I say “intends” as it was my understanding from the first review hearing that Mr QU had not, at the stage when that review was heard, filed any affidavit evidence in response to the practitioners’ claim, or filed any counterclaim with the Court. [43] It was the practitioners’ view that Mr QU was cynically engaging the complaints process in a transparent attempt to delay the Cou...

8. Online Final PO Information at Service Pack Respondent [pdf, 461 KB]

   ...Children: the Order covers any children who are aged 18 or under or regularly live with the protected person. This Order applies to children even if they aren’t born yet. It can also include other children if they are named in the order. Affidavit: this is the detail the protected person wrote about why they needed the Order. This is a legal document and is the evidence provided about the violence, abuse, and/or threats that they experienced.

9. National Standards Committee 2 v Paulson Wilson [2021] NZLCDT 16 (14 May 2021) [pdf, 177 KB]

   ...Paulson Wilson also agrees that she should contribute to costs although seeks a 50 percent discount having regard to her personal circumstances as not having worked as a lawyer since these events occurred, and consequent loss of income. We have no affidavit or other sworn document to support that assertion, but we have no reason to doubt that what is set out in Ms Paulson-Wilson’s submissions is likely to be accurate and we accept that she has already suffered a penalty of losing...

10. NA v OI [2021] NZDT 1313 (24 February 2021) [pdf, 255 KB]

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