Search Results

1. [2017] NZEnvC 208 Chris Robertson and Sergio Salis v Dunedin City Council and Filleul Apartments JV Ltd [pdf, 2.6 MB]

   ...and meant two new witnesses would need to be called; (iii) the appellants sought to file geotechnical evidence after all of the other hearing preparations had been completed. This meant that the applicant had to prepare full submissions and an affidavit in opposition. Indemnity costs are sought given the late filing of the evidence which took no account of the evidence and information Jan Bain Holdings Limited v North Shore Cily Council A75/99 at [1 3]. Equipment & Support v...

2. LCRO 03/2012 TX v NE [pdf, 221 KB]

   ...reasonable step in seeking the guidance of the Court as to the appropriate course to take. In my view this was an entirely appropriate step to take, and no disciplinary issues arise. [37] The Practitioner had provided to the Committee a copy of the affidavit of ND and of her own Memorandum which were before the Court. The Applicant suggested (in her complaint and on review) that the Practitioner misled the Court or in some other way did not adhere to her duty to the Court. I can...

3. GU v Hakaoro [2013] NZIACDT 68 (9 October 2013) [pdf, 135 KB]

   ...entitlement to a refund of fees in breach of section 44(2)(d) of the Act. [43.7] The complaint will be upheld pursuant to section 44(2)(d) and (e) of the Act. Oral hearing [44] In the course of a series of interlocutory steps (with the parties filing affidavits and other documents), the Tribunal determined that there should be an oral hearing, which is not usual. The interlocutory process is recorded in minutes, and it is not necessary to detail the steps. In essence the purpose of th...

4. [2017] NZEmpC 32 NZ Meat Worker & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 107 KB]

   ...processing plants. [15] Mr Mitchell submitted that having regard to the delay which would arise if consideration of the claim was deferred until all issues in the senior courts were resolved, it would be unfair to order a stay. He referred to an affidavit of Mr Ratu, Secretary of the Union at the Rangiuru plant, who stated that the affected plaintiffs had found it difficult to find off-season work in Te Puke where they lived; and that even for those who are able to obtain such w...

5. SNH v New Zealand Law Society [2009] NZLCDT 2 [pdf, 107 KB]

   ...particularly if it is perceived as doing nothing about it member’s problem. The NZLPDT not only recorded its disappointment in Mr H’s behaviour, but wanted to ensure the protection of the public, by requiring the undertakings given. [7] In his affidavit and in his oral evidence before this Tribunal, on the occasion of the appeal Mr H was candid both about his drinking and about the personal circumstances which had caused him stress and led to his financial circumstances becoming...

6. [2016] NZEmpC 168 Borsboom (Labour Inspector) v Preet PVT Ltd & Others [pdf, 118 KB]

   ...Service [56] The sealed orders, as well as these Reasons for Judgment, are to be served forthwith upon each respondent. Either then or soon thereafter, I direct that the documents originally filed by the Labour Inspector (the statement of claim, affidavit of the Labour Inspector, without notice application for freezing and ancillary orders, and memoranda of counsel) are to be served on each respondent. [57] Service on the first respondents should take place at the registered offic...

7. [2018] NZEmpC 28 Megan Jaffe Real Estate Ltd v Kelland [pdf, 308 KB]

   ...The Authority consequently vacated its scheduled investigation meeting to enable the application for special leave to be dealt with in this forum. [5] It was agreed that the present application would be dealt with on the basis of (untested) affidavit evidence filed both in support of and in opposition to the parties’ respective positions, and legal submissions. Analysis [6] The Employment Relations Act makes provision for the Authority to remove matters to the Court and, if...

8. Charteris v Rowe - Estate of David Charteris (2018) 181 Waiariki MB 108 (181 WAR 108) [pdf, 314 KB]

   ...seeks a pre-trial ruling on the extent to which the Court retains any residual discretion to determine the persons legally entitled to the deceased’s Māori land interests. [23] Counsel submits that it appears from the application and the witness affidavits and recent memoranda that the applicant is intending to relitigate the question of whether the respondent’s children are the grandchildren of the deceased. Counsel states that the question has already been determined by the...

9. Judge v Care Park New Zealand Ltd (Strike-Out Application) [2018] NZHRRT 14 [pdf, 326 KB]

   ...[2002] 2 AC 1 (HL), applied in New Zealand in Z v Dental Complaints Assessment Committee (2008) NZSC 55, [2009] 1 NZLR 1 at [63] and Chamberlains v Lai [2006] NZSC 70, [2007] 2 NZLR 7 at [62]. [15] A copy of the settlement agreement is annexed to the affidavit of Katrina Van de Ven, filed in support of Wintec’s strike out application. The “employment relationship problem” between Mr Judge and Wintec is described in the recitals to the agreement in the following terms: B. An emplo...

10. [2018] NZEmpC 97 Noble v Ballooning Canterbury.com Ltd [pdf, 312 KB]

    ...investigation is therefore unknown. e) If security is to be considered, it should only be in relation to the preliminary hearing, estimated at one and a half days. f) Mr Noble’s primary position is that there should be no order as to security. In his affidavit he stated, however, that were the Court to consider the making of such an order he would be willing to pay NZ$10,000, or any other sum which may be ordered by the Court, on the basis that it be held on an interest-bearin...