Search Results

1. [2019] NZEmpC 26 Moody v Chamberlain [pdf, 226 KB]

   ...proceedings, seeking the appointment of a litigation guardian for three adult children whose parents are the plaintiffs. [2] I granted the application insofar as it related to Shane Chamberlain and John Robinson, and reserved leave for a further affidavit to be filed in respect of Marita Robinson.1 That was because I was not satisfied, based on the evidence then before the Court, that there was a sufficient basis for making the order sought. An affidavit has now been filed. The...

2. [2018] NZEnvC 147 Panmure Fish Chips v Auckland Council [pdf, 1.5 MB]

   ...that time, however, all other objections to the taking have been withdrawn or resolved. Of vital importance in this case, on or about 29 June 2018, the Notice of Intention to Acquire 13-17 Queens Road was withdrawn by the Council. Ms Fisher in her affidavit filed on 27 July 2018 states the withdrawal was filed on 29 June with the District Land Registrar. The titles show a compensation certificate registered on 28 June. [4] However, PFC, particularly Ms Yang speaking for them, does not...

3. [2022] NZEmpC 45 Teddy and Friends Ltd v Page [pdf, 160 KB]

   ...application for leave to file it out of time were filed. In the meantime, a telephone directions conference had already been held and steps were being taken to arrange a hearing of the challenge. [6] The application for leave is supported by an affidavit sworn by the defendant on 18 February 2022, together with a further affidavit which was filed on 25 February 2022. Both affidavits contain a significant amount of medical information relating to injuries which the defendant says o...

4. Gill v Singh [2016] NZIACDT 36 (30 June 2016) [pdf, 155 KB]

   ...the gravity of the finding: Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [55]. The facts [12] The Registrar provided a chronology and supporting documentation. Mr Singh challenged the facts, including providing affidavits, and submissions referring to the written material. [13] The narrative provided by the Registrar in the statement of complaint is a starting point for consideration. I will address the contentious facts in relation to each of the three...

5. Hart v Auckland Standards Committee 1 of the New Zealand Law Society CIV 2012 404 5076 5528 [pdf, 515 KB]

   ...erred in failing to request that Mr Daniel Gardiner appear before it in connection with charge one, and in failing to request that Mr Alistair Haskett appear before it in connection with charge four. Both were legal practitioners who had sworn affidavits for Mr Hart. (5) The Tribunal erred in rejecting the expert evidence tendered for Mr Hart in connection with charge four. 2 Auckland Standards Committee No 1 v Hart [201...

6. Affidavit in support of application for property order [pdf, 110 KB]

   Affidavit in support of application for property order The Protection of Personal and Property Rights Act 1988 at ……………………………. [place] ……………………………………………………………………………………….. [full name] ……………………………………………………………………………………….. [address] ……………………...

7. Dawson v Dawson - Orohaki 894B Ahu Whenua Trust (2015) 29 Te Waipounamu MB 161 (29 TWP 161) [pdf, 174 KB]

   ...trust and Bill Dawson (the current lessee of the land) for harvesting of the trees and division of the proceeds between the trust, Bill, and his siblings. [5] The application was timetabled for hearing with both the applicant and Bill Dawson filing affidavit evidence and legal submissions. [6] In response to the application, Bill Dawson said he planted the trees in 1986 pursuant to a verbal agreement with his father, and that the real issue for the Court was the determination of his...

8. LCRO 226/2017 OM and RA v BL and DG (20 July 2018) [pdf, 97 KB]

   ...[applicants] and which contained all of the [applicants’] documents. The suggestion that the agreement was fraudulent, which was made in subsequent correspondence from the [applicants], was not addressed. The lawyers say the [applicants’] affidavit evidence that was filed in the High Court referred to the pre-approved finance the [applicant] said he had secured. The lawyers say the outcome of the High Court proceeding preserved the [applicants’] position on the basis that t...

9. [2017] NZEnvC 161 Minister of Corrections v Otorohanga District Council [pdf, 1.2 MB]

   ...and 14 appendices, excluding Appendices 1, 3 and 12, (the works requirements); and 3 (b) that Appendices 1, 3 and 12 to the works requirements (the security appendices) not be produced in evidence. [3] The application is supported by the affidavit of Andrew Dixon Robertson, dated 26 September 2017, the Prison Capacity Programme Director at the Department of Corrections. The works requirements [4] The applicant seeks that the court make the following confidentiality orders in...

10. [2018] NZEnvC 201 Granger v Clearwater [pdf, 2.1 MB]

    ...prevent any continuation . [8] The other parties filed evidence and submissions, and I set the matter down at short notice and heard the parties in open court yesterday. [9] Key amongst documentation filed on behalf of the respondents, was an affidavit of Mr SR Clearwater, a principal of their interests, in which he accepted "that there has been past quarrying activity south (in a horizontal direction) of the original Mike Moore 45m contour line and that should not have happe...