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1. [2020] NZEmpC 194 Samuels v Employment Relations Authority [pdf, 268 KB]

   ...livelihood and/or reputation.6 There have also been cases involving claims of breach of natural justice rights by non-parties. In O’Regan v Lousich: Proprietors of Mawhera v Maori Land Court, adverse comments by a Judge about the deponent of an affidavit who did not attend the hearing to give evidence were held to be reviewable; the Judge ought to have given them an opportunity to comment prior to making adverse statements about them in a judgment.7 [20] There is no doubt, a...

2. [2021] NZIACDT 10 - YC v Wan (19 May 2021) [pdf, 238 KB]

   ...failure to mitigate some of the losses she might otherwise claim. [33] Mr Turner pointed out that Mr Wan had made an offer of reasonable compensation, but it needed to be quantified by Mr Gu for consideration by the Tribunal. [34] In his “affidavit” (actually a witnessed statement) of 17 December 2020, Mr Wan said that on 6 August 2019, when Ms Han went on leave, he instructed the consultancy’s IT person to arrange for her emails to be forwarded to him. However, this was...

3. GZ v Lu [2019] NZIACDT 15 (15 March 2019) [pdf, 146 KB]

   ...her paying the claimant $10,000. He had severed his ties with the company by removing himself as a director and shareholder. He did not receive any payment in doing so. [55] I generally accept the factual circumstances set out by Mr Lu in his affidavit with two exceptions. [56] First, I do not accept that Headsun was engaged by the complainant to provide education placement services only. It is obvious that, from the point of view of the complainant based in China, she was...

4. [2016] NZEmpC 137 Bennett and Others v Michaels and Others [pdf, 179 KB]

   ...by Mr Michaels that the defendants had not received notice of the proceedings and the fixture, the adjournment was reluctantly granted. In view of the steps taken by the plaintiffs to serve Mr Michaels and his companies and the contents of the affidavit of such service filed with the Court, there was some scepticism at Mr Michaels’ assertions. The adjournment for one week was conditional upon Mr Michaels obtaining legal advice and representation and taking steps in the proceedin...

5. Smith v Smith - Nuki o Te Hapū Tahawai ki Rataroa Whānau Trust [2019] Māori Appellate Court MB 110 (2019 APPEAL 110) [pdf, 332 KB]

   ...misunderstanding or any other form of impediment, then the election of replacement trustees for the whānau cannot be considered safe. 18 (1995) 18 Waikato Maniapoto Appellate MB 260 (18 APWM 260) 19 Affidavit of Shannon May Walker dated 14 November 2018 https://www.maorilandcourt.govt.nz/assets/Documents/Decisions/Walker-Section-1A-Parish-of-Katikati-1995-18-Waikato-Maniapoto-Appellate-MB-260-18-APWM-260-MAC.pdf 2019 Māori Appell...

6. [2019] NZEnvC 074 Hanoi Vietnam Cafe v City Rail Link Limited [pdf, 6.5 MB]

   ...decision had issued - simply an oral indication to the parties at the conclusion of the hearing as to what we would decide, with reasons to follow in writing early in the new year. The purported review application ran to 12 pages and was supported by an affidavit of Ms Tran of three pages plus attachments. We have read these further, and extraordinarily detailed materials, and note that they continue to litigate matters that demonstrate Ms Tran's lack of understanding of the diff...

7. Auckland Standards Committee 1 v Arman [2019] NZLCDT 18 [pdf, 340 KB]

   ...to be located and provided to Mr Tait. 31 The application was heard before Judge McNaughton on 7 and 29 September 2017 and 30 November 2017. The Practitioner, Mr N, Mr J and Ms O each gave evidence at the hearing. The Practitioner filed three affidavits in relation to the application. The hearing was adjourned part heard on 29 September to enable further evidence to be obtained from the Practitioner and Mr N on a number of issues. 32 On 14 December 2017, Judge McNaughton issued his...

8. LCRO 24/2020 TN v [Area] Standards Committee [X] (30 November 2020) [pdf, 210 KB]

   ...relocation to Country A, where they would be dependent on [Dr] DL; and (b) If he did continue to resist their relocation, to provide “further professional expertise to assist such as, commentary from the literature and/or reviewing [Dr] DL’s affidavits”. Mr TN: (a) Says his instructions from [Associate Professor] DL were to not respond to excitable and unreasonable correspondence from Dr DL; (b) Says he was not subject to a court order to disclose the letter, and he was...

9. [2021] NZEnvC 066 Auckland Council v Waiwera Heights Country Club Limited [pdf, 1.2 MB]

   ...separated from the main file and given a separate identifier relating to 18 Weranui Road. Application to extend timeframes [1 OJ On 13 December 2016 WHCC filed an applicatiqn to change the enforcement order made on 21 June 2016 1 accompanied by an affidavit of Caroline Zhao. WHCC sought to change the enforcement order as follows: (a) Change paragraph 5(c) of the order by deleting the words: HBy 31 August 2016u and replacing with the words: irBy 30 April 2017". (b) After mak...

10. Xu v Tian [2018] NZIACDT 42 (26 October 2018) [pdf, 186 KB]

    ...on 7 and 14 February 2017. [37] There is a statement of reply from Ms Tian filed on 15 January 2016. Submissions dated 18 November 2016 and 28 February 2017 were received from Mr Jenkin on behalf of Ms Tian, with Ms Tian also providing an affidavit affirmed on 6 December 2016. In summary, Ms Tian accepts she has been negligent and breached the Code in certain respects, but denies being dishonest or misleading. ASSESSMENT [38] I will deal with each head of complaint in the or...