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1. PF Ltd v QI MI [2020] NZDT 1455 (19 April 2021) [pdf, 138 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...

2. [2021] NZEnvC 116 Te Runanga O Ngati Awa v Whakatane District Council [pdf, 952 KB]

   ...of the High Court Rules 2016. The application for costs [16] Creswell seeks costs against Sustainable Otakiri and costs jointly and severally against TRONA, Ngai Te Rangi and Ngati Pikiao. [17] The application for costs was accompanied by an affidavit of Mr MHJ Gleissner, sworn 3 February 2021. Costs against Sustainable Otakiri [18] Creswell has submitted that the costs it incurred defending Sustainable Otakiri's appeal and application were $488,934. Creswell seeks an awa...

3. [2022] NZACC 184 — Simpson v ACC (27 September 2022) [pdf, 233 KB]

   ...derived from an employment, and as you have not lodged tax returns, ACC have no relevant year’s earnings to assess and calculate for weekly compensation. [9] A review application was lodged. [10] On 22 February 2021, Mr Simpson provided an affidavit stating that he was a 50% shareholder and director of Discovery River Cruises Limited and worked an average of 42 hours per week. He said: The work I performed at Discovery River Cruises includes all maintenance on the boat includi...

4. [2023] NZEmpC 71 Straayer v Employment Relations Authority [pdf, 228 KB]

   ...requirement.15 The Court indicated that this should include not only income and outgoings, but also assets and liabilities. [47] I indicated that if Mr Straayer wished the Court to consider such a submission in detail, he would need to file an affidavit summarising his financial circumstances. [48] Mr Straayer filed a submission in which he repeated a number of the points that he had already covered, as discussed earlier in this judgment. [49] He then referred to his financial posi...

5. Human v New Zealand Law Society [2022] NZLCDT 50 (22 December 2022) [pdf, 205 KB]

   ...For example, he embarked upon a cross-examination of Law Society employee Ms Inder that proved fruitless because he had not appreciated that she was not the decision-maker. Another example was his failure to show his 8 Exhibit R to Mr Human’s affidavit 28 July 2022. 9 Business Plan to Mr Collins or the Tribunal in time for any evaluation of it during the hearing. [22] Mr Human has a view that the New Zealand Law Society is discriminating against him by its stance. He sugg...

6. EL v IN Ltd [2022] NZDT 149 (18 August 2022) [pdf, 165 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working 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 determinat...

7. Auckland Standards Committee 5 v Stuhlmann [2022] NZLCDT 16 (2 June 2022) [pdf, 120 KB]

   ...directly from, and adopt, Ms Mok’s submissions from paras [3.4] to [3.8]: 3.4 Section 7(1)(a)(i) of the Act provides that a lawyer is guilty of misconduct if the lawyer, at a time when he or she is providing regulated services,5 4 Stuhlmann affidavit 24 March 2022, para [8]. 5 The practitioner’s conduct in the present case in providing legal and conveyancing services plainly constitutes the provision of regulated services, as that term is defined in s 6 of the Act. 4 en...

8. Ngāti Moerewa o MHKM Māori Inc. v Attorney General of New Zealand - Matatau 5E25F and others (2022) 248 Taitokerau MB 214 (248 TTK 214) [pdf, 265 KB]

   ...27-70), at 67-68. 248 Taitokerau MB 223 still involved in that proceeding. Mr Te Whata’s ongoing and intimate involvement with SSKL and TFL has already been addressed in the background to this decision and in more detail in Mr Sanson’s affidavit. Mr Te Whata’s direct involvement in that earlier proceeding is also acknowledged in Judge Ambler’s decision. Judge Ambler heard that application on 16 December 2015 where he reserved his decision. Mr Te Whata then filed an...

9. LCRO 62/2021 NR v JM (16 June 2022) [pdf, 198 KB]

   ...to creditors would certainly have caused her distress and uncertainty as to what recovery steps would be taken. The loss of dignity arose from having to borrow from family members to tide her over. 16 Form PR1 is the required form of an affidavit to be sworn by an executrix named in the will. 17 Mrs JM says she was unable to access Mr JM’s Kiwi Saver account, pay bills, and incurred bank interest on loans. She says she was financially embarrassed by having to borrow from fa...

10. [2022] NZEnvC 005 Northlake Investments Limited v Queenstown Lakes District Council [pdf, 231 KB]

    ...Condition 11, particularly in the fact that it would require NIL to upgrade parts of a network beyond its control. [37] For QLDC, Ms Campbell submits that the appropriate point downstream is at a stormwater outlet shown in Attachment A (p 347) to the affidavit of Mr Wallace. She explains that QLDC owns the network to this point and, hence, could allow NIL access to it for any necessary upgrade purposes. 11 [38] Ms Campbell initially submitted that the entire network to this out...