Search Results

1. Charteris v Rowe - Estate of David Charteris (2018) 181 Waiariki MB 108 (181 WAR 108) [pdf, 314 KB]

   ...seeks a pre-trial ruling on the extent to which the Court retains any residual discretion to determine the persons legally entitled to the deceased’s Māori land interests. [23] Counsel submits that it appears from the application and the witness affidavits and recent memoranda that the applicant is intending to relitigate the question of whether the respondent’s children are the grandchildren of the deceased. Counsel states that the question has already been determined by the...

2. Judge v Care Park New Zealand Ltd (Strike-Out Application) [2018] NZHRRT 14 [pdf, 326 KB]

   ...[2002] 2 AC 1 (HL), applied in New Zealand in Z v Dental Complaints Assessment Committee (2008) NZSC 55, [2009] 1 NZLR 1 at [63] and Chamberlains v Lai [2006] NZSC 70, [2007] 2 NZLR 7 at [62]. [15] A copy of the settlement agreement is annexed to the affidavit of Katrina Van de Ven, filed in support of Wintec’s strike out application. The “employment relationship problem” between Mr Judge and Wintec is described in the recitals to the agreement in the following terms: B. An emplo...

3. [2018] NZEmpC 97 Noble v Ballooning Canterbury.com Ltd [pdf, 312 KB]

   ...investigation is therefore unknown. e) If security is to be considered, it should only be in relation to the preliminary hearing, estimated at one and a half days. f) Mr Noble’s primary position is that there should be no order as to security. In his affidavit he stated, however, that were the Court to consider the making of such an order he would be willing to pay NZ$10,000, or any other sum which may be ordered by the Court, on the basis that it be held on an interest-bearin...

4. Fredricsen v Hikuwai - Wainui D Block (2016) 143 Taitokerau MB 135 (143 TTK 135) [pdf, 212 KB]

   ...and determining the correct ownership of the shares. 3 [4] There are currently seven owners of the land holding a total of 58.333 shares. Procedural History [5] The application was filed by Ms Fredricsen on 10 September 2015, together with an affidavit setting out her grounds in support of the grant of an urgent injunction. A copy 1 32 Northern MB 33-34 (32 N 33-34); 32 Northern MB 48 (32 N 48). 2 45 Whangarei MB 205-206 (45 W...

5. BORA Births, Deaths, Marriages, and Relationships Registration Bill [pdf, 249 KB]

   ...lesser process would impair the right less than the process established in the Bill. For example, an alternative process might entail an eligible person being assessed by a registered medical professional and that medical professional then providing an affidavit in support of the eligible person’s application, without a requirement for medical treatment. 36. The Family Court’s judgment in Re Michael provided a degree of certainty over the extent of medical treatment required to satis...

6. [2016] NZEmpC 107 Watson v Capital & Coast District Health Board [pdf, 120 KB]

   ...has through a long saga of relevant events repeatedly claimed she was stressed, and has then taken medical leave. He said that stress is relevant to steps which CCDHB then took; those steps will have to be reviewed by the Court. The supporting affidavit of Ms Hunter refers to three particular periods: the period when payments to Ms Watson were ceased in or around May 2012; the period when Ms Watson’s response to an investigative report was due for release in October 2012; and th...

7. Cumming - Omaio 8 and Omaio 45 (2009) 12 Waiariki Appellate MB 299 (12 AP 299) [pdf, 426 KB]

   ...being used by all owners on a daily basis. [12] We note that the original plan, submitted with the appellants’ application (page 9 in record of appeal), has been amended to the plan on page 92 of the record of appeal. This plan was amended by affidavit after some owners of Omaio 45 objected to the measurements used. [13] The proposed easement also affects Omaio 46, as Mr Albert also uses the small access-way via use of his right of way over the 1989 roadway on Omaio 45’s l...

8. [2017] NZEnvC 106 Wallace Group Limited v Auckland Council [pdf, 445 KB]

   ...public had, whether as a cross section of New Zealand, or as general public living in the Russell area. [2011] NZ RMA 300. [2013] NZ EnvC 8. 7 [29] Its Counsel submitted (and perhaps this was not controversial and therefore not needing proof by affidavit) that the Corporation manages a portfolio of approximately 27,900 dwellings in the Auckland region, providing housing to over 94,300 people, approximately six percent of the population of the region. Its tenants were said to be...

9. Puru - Takou [2018] Chief Judge's MB 563 (2018 CJ 563) [pdf, 351 KB]

   ...Barney Parata. Margaret was the second wife of Meeke Waikato Puru; xi. Norma Samuels is the daughter of Norman Samuels and Ngaronoa Puru (the applicant’s mother); and xii. They do not whakapapa to the Takou whenua. b) Affirmation by affidavit, dated 24 February 2012, stating that Patricia Puru’s correct and legal name is Patricia Francis Parata. She is not one of her siblings, biological or otherwise, and her father, Meeke Puru, is not Patricia’s father. c)...

10. [2018] NZEmpC 143 Lorigan v Infinity Automotive Ltd [pdf, 316 KB]

    ...chose to file only a brief relating to his own intended evidence. [25] Mr Lorigan’s application must be dismissed. Second application: Mr Lorigan objects to evidence being led by the defendant Background [26] Briefs of evidence, and an affidavit, have been filed by Infinity in respect of four witnesses it intends to call. [27] Mr Lorigan first asserts that the company’s proposed witnesses are “coconspirators” who were parties to a sham process designed to “be ri...