Search Results

1. [2007] NZEmpC AC 61/07 Fonterra Cooperative Group Ltd v van Heerden [pdf, 76 KB]

   ...brought by Fonterra relates only to the dispute. [4] Donna Ropata, who may be affected by the outcome of this dispute, was served with a copy of these proceedings and was joined as second defendant during the course of the hearing. She filed an affidavit, prepared with the assistance of Mr Pollak, counsel for Fonterra, who called her as a witness in support of Fonterra’s case. Ms Ropata is not a member of the DWU but has an individual employment agreement with Fonterra (the IE...

2. [2006] NZEmpC AC 54/06 Yuan Cheng International Investment Group Ltd v Buer [pdf, 92 KB]

   ...because people genuinely remember that particular version of events. This is one of the rare cases where I have no doubt that the company’s version of events was an utter fabrication. Mr Huang did not bother to appear to give evidence or provide an affidavit. He was in China. [29] I too prefer Ms Buer’s account and reject that of Mr Lai for similar reasons. [30] Mr Keyte contended that Ms Buer’s evidence as to the terms of the contract was highly suspect because, when giving...

3. [2015] NZEmpC 186 The Commissioner of Salford School v Campbell [pdf, 299 KB]

   ...that the investigation meeting necessarily canvassed a wide range of topics. The criticism as to the passing of notes during the course of the investigation meeting was, it is submitted, perhaps misunderstood because Ms Campbell had said in an affidavit filed for present purposes that this was in order to assist her counsel, and on occasion to deal with notes passed to her by her counsel at the investigation meeting. 22 At [22]...

4. T v Mudaliar [2015] NZIACDT 79 (06 August 2015) [pdf, 241 KB]

   ...offending. The directions noted the Tribunal could conduct an oral hearing where witnesses would be cross-examined, if a party applied for it, and there was justification for that step here. [13] The Tribunal set a timetable for Mr Mudaliar to file affidavits and submissions, and to deal with any application for an oral hearing. MR MUDALIAR’S RESPONSE TO THE TRIBUNAL’S DIRECTIONS [14] Mr Mudaliar instructed Mr King as counsel to represent him. He filed: [14.1] Submissions....

5. Rihia v Te Runanganui o Ngati Hikairo - Lake Rotoaira Trust (2012) 287 Aotea MB 44 (287 AOT 44) [pdf, 248 KB]

   ...or write to: Electioneer, Lake Rotoaira Trust c/- PO Box 155, TURANGI 3353 Nominations close 4 pm Monday 26 September 2011 Rangitukua Downs Chairman – Lake Rotoaira Trust [23] Maria Nepia, the Project Manager for the trust, swore an affidavit in support of the application for appointment of trustees on 18 April 2012. She confirms that 22 nominations were received before the close off date. She also confirms that all the nominations were valid in terms of the requiremen...

6. Gisborne District Council v Hautapu – Tātarahake No 1 (2013) 27 Tairawhiti MB 295 (27 TRW 295) [pdf, 193 KB]

   ...easement strip from the Māori reservation created over Tātarahake No 1 block. The applicant contends that access along one of the formed roads to the esplanade reserve is necessary to ensure legal access for the public. [6] The Council enclosed an affidavit in support of its application as follows: ... 2. “The Council is keen to pursue legal access to the beach reserve at the northern end of Tolaga Bay. That land is Lot 7 on DP 6965 and is depicted on the attached Plan no 115...

7. CAC 10064 v Jin [2013] NZREADT 57 [pdf, 80 KB]

   ...not promise to get her the money. When I made this promise, I meant that I can be the ‘middle person’ between them as their mutual friend. I did not guarantee that Mr Choi would pay the money. I had no power to do that. 19. As I say in my affidavit, I did not know how much Ms Kim wanted for settlement and so I had expected her to tell me, so that I can tell Mr Choi. She never did this, and never contacted me within one month. Because she did not contact me, I though that Mr Ch...

8. Rafiq v Commissioner of Inland Revenue [2012] NZHRRT 12 [pdf, 106 KB]

   ...evidence. [3.3] When the Commissioner sought a change of venue to Wellington Mr Rafiq replied on 14 November 2011 that he wanted the hearing to be in Auckland and added, inter alia, that: (iii) There shall be no evidence provided by the way of affidavit; ... (vi) There shall be no paper submissions of any nature in respect to the dealing of this case; (vii) The Plaintiff does not have to provide any evidence as the onus is on the Defendant to provide evidence to support its gro...

9. Wellington Standards Committee v Sawyer [2013] NZLCDT 47 [pdf, 84 KB]

   ...personal funds to ensure that the matter resolved rather than proceeding to a hearing. [29] This mediation occurred and Mr Radich records that a reasonably satisfactory settlement was entered into. It should be noted however that in a later affidavit from Mr Radich, filed in reply to that of Mr Sawyer, he deposed that the fact that Mr Sawyer had made an admission back in 2011, as to his dishonest behaviour, had never previously been notified to him or his client. [30] Mr Sawyer...

10. Te Wini v Askelund [2015] NZHRRT 21 [pdf, 97 KB]

    ...date of birth is 15 March 1993) and living in the day to day care of his father, Mr Kevin McQuoid. [2] At the time Mr McQuoid formed the view the social worker who made the application on behalf of CYFS perjured himself when swearing the supporting affidavit. Mr McQuoid 2 believes the evidence was assembled with the deliberate and calculated intention of manufacturing and perverting the proceedings. Mr McQuoid is also of the view Mr Askelund’s report to the Family Court contai...