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1. Dunworth v McLachlan [2010] NZWHT Auckland 6 [pdf, 89 KB]

   ...property directly from Hanley Hall and had no connection with the property during the construction process. In opposing Mr McLachlan’s removal the claimants referred to information provided to them by Jeff Mann. They did not however produce an affidavit from him or call him as a witness in the hearing. Accordingly I will give no weight to this hearsay evidence introduced in their opposition. [21] The claimants also referred to an article published in Alfresco magazine...

2. [2017] EmpC 124 Sunair Aviation v Walters [pdf, 175 KB]

   ...less than 40 days (sic); (d) There is no unfair prejudice to Mr Walters from the proposed extension being granted. [14] Sunair Aviation expands on these grounds in a memorandum of counsel, and Mr Power, a director of Sunair Aviation, filed an affidavit in support of the application, essentially confirming that although Sunair Aviation was disappointed in the Authority’s determination, it decided that the cost and delay of another hearing was too much and that it was better off...

3. [2010] NZCA 563 CA500/2010 Melville v Air New Zealand Ltd [pdf, 37 KB]

   ...miss out. [11] Ms Melville deposed that she followed up with the Union on the progress of her file on a number of occasions, through text message and telephone. She was reassured that everything was in hand. Mr Townsend confirmed this in his affidavit. He had assumed that a grievance had in fact been raised. [12] X gave evidence that she worked on the file in Mr Townsend’s absence and had commenced writing a statement of problem. There was a period where, owing to illness, s...

4. A Nair v Devi [2014] NZIACDT 32 (19 March 2014 ) [pdf, 147 KB]

   ...decision [12] The adviser responded to the interim decision with a submission from her counsel and indicated she did not wish to seek an oral hearing. She invited the Tribunal to decide the complaint on the papers. [13] The adviser did not provide any affidavit evidence, only submissions. The key points in the submissions were: [13.1] She denied anyone told the complainant the adviser had a connection with Immigration New Zealand or that a visa approval was guaranteed. Further she alw...

5. [2018] NZEmpC 41 Rachelle v Air New Zealand Ltd [pdf, 343 KB]

   ...security to be fixed in any amount the Court considers appropriate. [25] The ground relied on for this application is that Ms Rachelle will be unable to pay costs if her claim is unsuccessful and an order for them is made. In a supporting affidavit Air NZ said that she was ordered by the Authority to pay costs to it of $4,500 which she has not done despite a formal demand for payment being made. Other supporting submissions were about the state of the pleadings, that her claim i...

6. Trustees of Tauranga Taupo 1B2B2 - Kiko Road (2003) 271 Rotorua MB 155 (271 ROT 155) [pdf, 654 KB]

   ...what the Judgement says. Second, I note that there is no plan that is reasonably Minute Book: 271 ROT 159 contemporary with the Court hearing that is inconsistent with the decision that t have reached. Third, I have gained assistance from the affidavit filed by Mr John Leslie Neal as to the survey practice in laying out roadways. Whiie of course it is not for the surveyors to interpret Court Orders, it is common knowledge that the Maori Land Court and surveyors had developed a rec...

7. Innis - Tahora 2B 3B 4A, Tahora 2A 3B 4B and Tahora 2A 3B 5 (2007) 95 Opotiki MB 180 (95 OPO 180) [pdf, 452 KB]

   ...prior transfers passed over to the purchaser's solicitor each time the property was sold so that a chain of title was ------.--' ~~-~__c======;;;;;;; 95 Opotiki MB 189 assured. If an application is filed it would be prudent to file an affidavit setting out the steps taken to find the documents and indicating how far the originals were traced before they were lost. [44] A section 25 application will only apply to the transfers to Mr Smith. However I note that section...

8. Respondent TPO Information Pack [pdf, 548 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. Make...

9. Dotcom v Crown Law Office (AVL) [2017] NZHRRT 13 [pdf, 229 KB]

   ...in the Common Bundle are to be treated as evidence in the proceeding and do not need to be put to or admitted through a witness. The parties have further agreed that material referred to in the Common Bundle but not included (such as exhibits to affidavits) may be treated as evidence if and only if that material is either put to a witness or referred to in opening submissions by either party. Other material not in the Common Bundle may be introduced as evidence in the normal way through...

10. [2019] NZEnvC 143 Granger v Dunedin City Council [pdf, 2.3 MB]

    ...Applicant's submissions dated 21 June 2019 at [7]-[21). 17 Applicant's submissions dated 21 June 2019 at [65)-[68). 18 Applicant's submissions dated 21 June 2019 at [49)-[51). 19 Applicant's submissions dated 21 June 2019 at [33)-[34]. 20 Affidavit of S R Clearwater affirmed 28 May 2016. 9 evidence but that the evidence would be filed in March 2019, albeit this was an indicative timeframe.21 The court made its directions accordingly.22 [23] Counsel ought to be...