Search Results

1. [2017] NZEmpC 6 Lyttelton Port Co Ltd v Maritime Union of NZ Inc [pdf, 183 KB]

   ...issues which I must resolve for the purposes of this interim injunction application are mainly factual in nature. They require a clear understanding of the genesis of the proceeding, which I shall now summarise. Evidence [7] LPC filed two affidavits in support of its application. The first was filed by Mr D Parker, Container Terminal Manager, of LPC. He summarised the background to bargaining which followed the expiry of a collective agreement on 7 March 2016. He said the...

2. [2024] NZLVT 011 - Hamilton City Council v Shaw (15 April 2024) [pdf, 452 KB]

   ...[7] The Council’s application requested that the Tribunal determine that $835,000 (incl GST) is the compensation payable by it to the respondents for the partial acquisition of the taken land. [8] The application was made in reliance on the affidavits of: (a) David Ivan Urlich; a registered valuer and director of SGHU Valuations (‘SGHU’). His affidavit contained valuation assessment for compensation updated as at the specified date. That included consideration of betterme...

3. [2016] NZEmpC 36 Western Bay of Plenty DHB v McInnes [pdf, 155 KB]

   ...filed a challenge and sought urgency. A timetable for bringing the challenge on for an early hearing was agreed and it came before the Court by way of de novo hearing. The Authority has not yet considered Mr McInnes’ grievance. [4] Numerous affidavits and lengthy submissions were filed both in support of, and in opposition to, the application. The Court had the advantage of a quantity of material which was not before the Authority. While there was a significant amount of evi...

4. [2020] NZEnvC 126 Beresford v Queenstown Lakes District Council [pdf, 334 KB]

   ...1 Notice under s274 for the Attorney, application for waiver of time and memorandum in support all dated 16 June 2020. 2 Legally described as Section 2 of Block 5 XIV Lower Wanaka Survey District (CT OT18C/473). 3 First affidavit of M Beresford sworn 2 June 2020 at [11]. 4 First affidavit of M Beresford sworn 2 June 2020 at [3]. 5 Beresford notice of appeal, dated 18 June 2018. 3 Kirimoko’s land.6 [5] The Attorney and Bike Wanaka have each filed the...

5. [2021] NZACC 174 - Crockford v ACC (5 November 2021) [pdf, 420 KB]

   ...had been overpaid weekly compensation, based on the income derived from the motel business of $56,425.56 for the period between 10 December 2013 and 30 March 2016. Further Evidence [15] Ahead of the appeal hearing, the appellant filed an affidavit, which includes the following: 3. While I was unable to physically work at my profession as a builder (indeed I am still unable), I looked at a number of possible projects for when I was going to be physically able again. 4....

6. Family legal aid pre-proceedings steps - December 2007 [pdf, 632 KB]

   ...consent is dispensed with up to 5 hours For • Taking instructions, attending the client • Identifying legal and factual issues • Preparing application for legal aid • Preparing proceedings, including the following documents: o Affidavit(s) in support o Consent of the birth parents or an application for consent to be dispensed with o Section 10 report from social worker • Attend formal hearing and obtain interim adoption order • If undefended and applicatio...

7. Legal Aid Family Proceedings Steps [pdf, 632 KB]

   ...consent is dispensed with up to 5 hours For • Taking instructions, attending the client • Identifying legal and factual issues • Preparing application for legal aid • Preparing proceedings, including the following documents: o Affidavit(s) in support o Consent of the birth parents or an application for consent to be dispensed with o Section 10 report from social worker • Attend formal hearing and obtain interim adoption order • If undefended and applicatio...

8. [2024] NZEnvC 180 Tasman District Council v Schaeffner [pdf, 1.1 MB]

   ...facility made by people”. [14] Both counsel characterise the sole issue for the court to determine as whether the tiny house is “fixed to the land”. Evidence [15] Two visits to the property were conducted by Council staff who have provided affidavit evidence with photographs of the tiny home and surrounds. Mr Schaeffner swore an affidavit in opposition to the application in June 2023. Mr and Mrs Schaeffner provided a joint affidavit in August 2023. [16] The affidavits fi...

9. LCRO 133/2017 AD v BE (18 September 2019) [pdf, 349 KB]

   ...the matter was adjourned for a further two weeks to allow those discussions to continue. (h) On 25 September 2016, Mr BE gave instructions to fully defend the liquidation proceedings. (i) Mr AD “had already drafted a statement of defence and affidavits in support but did not have sufficient evidence to finalise the affidavit in support”. (j) [EJP] was placed into liquidation by an Associate Judge at the hearing on [Date] 2016. (k) Mr BE subsequently asked Mr AD to arrange...

10. [2011] NZEmpC 36 Zhou v CE of DOL [pdf, 232 KB]

    ...which he objects to produce and have inspected by the plaintiff. If following such further particularisation and explanation, these documents remain subject to a claim to public interest injury privilege that the Court cannot determine on the affidavit(s), the Court will inspect these to determine privilege. C. The defendant must, within 21 days of the date of this interlocutory judgment, file and serve a further and better affidavit setting out the particular grounds for his obj...