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1. LCRO 101/2019 YK v RN (17 March 2020) [pdf, 146 KB]

   ...granted was explained to Ms YK; and (e) Ms YK had made request to extend the time for securing insurance cover on Wednesday 15 August at 3:41 PM as she didn’t have insurance in place at that time; and 4 (f) Ms RN was prepared to swear an affidavit confirming that she advised Ms YK of the potential risk of the vendors cancelling the agreement, in the event they did not agree to the granting of a further extension; and (g) Ms YK had entered the vendors’ property prior to c...

2. Paerau v Trustees of Te Komiti 1B2B2 Ahu Whenua Trust (2017) 147 Taitokerau MB 241 (147 TTK 241) [pdf, 212 KB]

   ...to the Court to grant an award of costs against both Mr Paerau and the trustees of the whānau trust. However, I do have a concern as to whether Mr Paerau had actual authority to bring these proceedings on behalf of the whānau trust. [47] An affidavit has been sworn by Eileen Walker on 25 November 2016. Mrs Walker is one of the trustees of the whānau trust. She states: 9. To the best of my knowledge, the trustees of Te Iringa Edith and Bill Kidwell Whānau Trust have not give...

3. [2017] NZEnvC 059 Save Erskine College Trust v Erskine Developments Limited [pdf, 462 KB]

   ...and cancelled, the interim enforcement order which had been made by Judge Thompson on 12 December ex parte and on the papers. [3] Further detailed background and essential facts are recorded in my 22 December dec!sion just referred to. Detailed affidavits had been filed on both sides prior to the urgent hearing I conducted just before Christmas. Each party lodged focussed legal submissions about the quite complex interface between HASHAA and the RMA on these matters, and addressed t...

4. AT v RN LCRO 47/2015 (29 September 2016) [pdf, 90 KB]

   ...dispute across a significant range of fronts. The length of the judgment alone is testimony to that. [8] In [month year], Mr [RN] wrote to Mr [AT] advising that: (a) Mr [RN]’s position as a funder of the litigation had been set out in a letter and affidavit from Mr [EC]’s lawyers, [Law Firm A]. (b) He considered his clients had a strong case. (c) Mr [AT] was placed on notice that in the event Mr [RN]’s clients were successful in the litigation, and Mr [EC] was unable to pay an...

5. [2017] NZEmpC 45 Ports of Auckland Ltd v Findlay [pdf, 125 KB]

   ...raised as to the propriety of aspects of the employer’s process, some of which found favour with the Authority and which are said to support an argument as to the strength of the defendant’s case. It is of course difficult, based on untested affidavit evidence, to assess the relative strengths of each party’s case, particularly where (for example) allegations of bias are raised. [25] Much was made of Mr Gibson’s intention to carry out additional inquiries, which the d...

6. Myoak Holdings Ltd v Te Huia - Waipuka 2T Roadway (2019) 75 Tākitimu MB 90 (75 TKT 90) [pdf, 316 KB]

   ...Court, from dealing with or doing any injury to any property that is the subject matter of the proceedings or that may be affected by any order that may be made in those proceedings. Mr John O’Connor, a director of the applicant, has sworn an affidavit in support of the application, in which he deposes that, as a result of the construction of the speed humps, land owners at the northern end of the Roadway have been refused delivery of essential gas supply by the usual supplier (Roc...

7. [2021] NZEnvC 063 SKP Incorporated v Auckland Council [pdf, 2 MB]

   ...thirty-two briefs of lay evidence was exchanged in the appeals. 16 Memorandum of appellant Ronald \v'alden in relation to costs, dated 3 August 2018. Memorandum of counsel for SKP Incorporated in reply to applications for costs, dated 3 August 2018. Affidavit of Kathryn Ngapo in opposition to application for costs, dated 2 August 2018. Reply memorandum of Thomas Greve for SI<P Inc Society Challenge to application far costs, dated 24 August 2018. 6 incurred by the parties wo...

8. Electoral (Registration of Sentenced Prisoners Amendment Bill [pdf, 3.3 MB]

   ...Like the Court in Ngalonoa, die Tribunal did not find sufficient evidence to conclude the loss of potential Miori electors as a result of prisoner disqualification may have supressed the number of Maori electoral districts.' 20 At 18-19. 21 Affidavit of Robert Donald Lynn, Alinistry of Justice in the matter of the Treaty of Waitangi Act and the Maori Prisoners Voting Rights Inquiry (22 March 2019). 22 HeAIJn i Pei Ai? The tlldotr Pirsoueir' T/olil(g Repoi/ 2019 at 72. 23 H...

9. VT Ltd v BN [2020] NZDT 1535 (30 April 2020) [pdf, 131 KB]

   ...$200 filing fee for an appeal. You can only appeal outside of 28 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...

10. NR v HT [2019] NZDT 1335 (6 November 2019) [pdf, 222 KB]

    ...a $200 filing fee for an appeal. You can only appeal outside of 28 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, and 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...