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1. [2018] NZEnvC 162 Doig v Marlborough District Council [pdf, 3.2 MB]

   ...landscape and 100% of Te Atiawa's costs, totall ing $47,345.00 (rounded to $47,000.00); Interim Decision [201 8] NZEnvC 55. Final Decision [2018] NZEnvC 105. Application for costs by the Council , daled 17 July 2018, al [8]. Invoices attached to affidavit of P Johnson, dated 16 July 2018. DFC NZ Limited v Bielby [1 991]1 NZLR 587 (HC) . 3 (b) if standard principles apply, a contribution of 30% for legal, planning and landscape and 100% of Te Atiawa's costs, totalling $...

2. [2021] NZEnvC 064 SKP Incorporated v Auckland Council [pdf, 1.3 MB]

   ...[2019) NZEnvC 141 at [60). 21 SKP I11c01porated v A11ck/and Co11111,i/ [2019] NZEnvC 141 at [64). 22 SKP I11co1porated v A11ckla11d Co1111cil [2019] NZEnvC 141 at [54). 23 SKP Inc01porated v A11ck/a11d Co1111cil [2019] NZEnvC 141 at [55). 9 affidavit evidence as part of its opposition to the application for discovery, which would not have been provided had discove1y not been sought. [30] Having considered the parties submissions, I agree with the Council and KPBL that an award of...

3. Memorandum of counsel in support of waivers [pdf, 221 KB]

   ...under section 281 can be made. In Re Auckland Council [2017] NZEnvC 207 at [11]-[13], the Environment Court confirmed that it was appropriate to seek anticipatory waivers and directions as an originating application under section 291. 2 A supporting affidavit has not been filed with these documents, as the Court has indicated its awareness of the importance of the Project (being the key factual matter underpinning the relief sought). As the Court is aware, the Transport Agency has previo...

4. Memorandum of counsel in support of waivers 9 April 2020 [pdf, 250 KB]

   ...under section 281 can be made. In Re Auckland Council [2017] NZEnvC 207 at [11]-[13], the Environment Court confirmed that it was appropriate to seek anticipatory waivers and directions as an originating application under section 291. 2 A supporting affidavit has not been filed with these documents, as the Court has indicated its awareness of the importance of the Project (being the key factual matter underpinning the relief sought). As the Court is aware, the Transport Agency has previo...

5. [2019] NZEmpC 115 A Labour Inspector v IT-Guys NZ Ltd [pdf, 294 KB]

   ...McGowan, who is a Labour Inspector employed by the Ministry of Business, Innovation and Employment, gave evidence as to when the different enforcement mechanisms currently are adopted, using the “range of tools” approach. He attached to his affidavit relevant extracts from the Labour Inspectorate Investigation and Enforcement Guide, as at April 2019. The Guide also describes the different mechanisms available to a Labour Inspector and some of the considerations the Labour Insp...

6. 2020 NZPSPLA 008 [pdf, 152 KB]

   ...about the text and passed on other information provided by Ms F. [48] Mr Buckland accepts he contacted Mr F by Skype after receiving Ms F’s text and subsequently send a copy of the text to Mr F’s lawyer. This was later used by Mr F in an affidavit for family court proceedings. In addition, it prompted Mr F to fly down to Christchurch and arrange for the container load of goods he had removed to be dumped outside home where Ms F and the children were living. [49] Mr Buckl...

7. UI Ltd & IC Ltd v JU Ltd & UT Ltd [2020] NZDT 1463 (14 July 2020) [pdf, 250 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...

8. [2021] NZEmpC 153 WN v Auckland International Airport Ltd [pdf, 226 KB]

   ...non-publication in this jurisdiction must establish that sound reasons exist for the making of such an order, displacing the presumption in favour of open justice.22 I pause to note that it is not uncommon for the burden to be discharged by filing affidavit evidence detailing the specific reasons relied on. Evidence is not, however, a prerequisite to an order being made. There will be situations where judicial notice can be taken of circumstances which are relevant to the weighin...

9. Wilton TRI-2021-100-002 Procedural Order 8 [pdf, 190 KB]

   ...7 [26] The trustees’ application was filed on 1 May 2020. Given that Wilton Joubert’s design and the PS1 were undertaken in 2009, any claim against it is time-barred pursuant to the longstop limitation of 10 years. [27] There is an affidavit from Mr Wilton (sworn 27 October 2021). He deposes that Wilton Joubert was engaged to carry out structural engineering design work. Its design and PS1 did not cover design of the cladding. Wilton Joubert did not at any time have a...

10. BF v QT [2023] NZDT 600 (30 October 2023) [pdf, 156 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 determina...