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1. Webster v Takarangi - Ngarara West B3B (2007) 195 Aotea MB 127 (195 AOT 127) [pdf, 3 MB]

   ...Maori Land Court Rules 1994 do not require the filing of a substantive claim. It is 195 Aotea MB 129 acknowledged however that whether there is a serious question to be tried is an essential consideration. To that end, the applicant's affidavit discloses the necessary facts to enable the Court to conclude that there is a serious question to be tried. Failing that, leave is sought to file proceedings per section 18(1)(d) and in accordance with rule 14 of the Maori Land Court...

2. Singh v Patel [2019] NZIACDT 17 (28 March 2019) [pdf, 142 KB]

   ...communications. He was also to confirm in writing to clients the details of all material discussions with them. [36] Mr Singh appealed to the Tribunal against the Registrar’s decision not to refer his complaint to the Tribunal. 7 [37] There is an affidavit (sworn 26 May 2015) from a senior investigator in the Authority, filed on behalf of the Registrar. She concluded that Mr Patel took adequate steps to evaluate Mr Singh’s options and to explain them. As to his fees, she...

3. LCRO 52/2016 and 57/2016 BF v ZL (18 February 2019) [pdf, 203 KB]

   ...CIV-2XXX-XXX-XXXX (Date). 13 At [13]. 14 Standards Committee determination, above n 2, at [17]. The Committee refers to LMN Ltd as LML. 6 [31] The evidence provided by Mr BF was the two judgments referred to in this decision together with the various affidavits that were before the High Court and the Court of Appeal. [32] Mr ZL’s instructions to transfer the shares were provided by Ms WR as director of ABC. The Agreement and share transfer form were signed by Ms WR for...

4. Family Court Rewrite Submission - Family Works Northern [pdf, 415 KB]

   ...this would go some way towards meeting the needs of parties who feel their entitlement to ‘file papers in the Court’ should be reintroduced. This would help to assist to reduce the damage done through the often vexatious path of the exchange of affidavits. In relevant parts of the Consultation Document, we think there needs to be clarity between FDR suppliers and providers. We think that often the terms were used interchangeably in the document. We think that it is very import...

5. [2019] NZEnvC 094 Saville v Queenstown Lakes District Council [pdf, 3.2 MB]

   ...confirmed in North Canterbury Clay Target Association Incorporated v Waimakariri District Council, 36 a great deal of caution needs to be exercised when having regard to them, particularly those documents which pre-date Dome Valley. As always, 35 Affidavit of Craig Alan Barr sworn 19 March 2019. 36 [2014] NZHC 3021 at (18). 13 the task of the court on appeal is to interpret the text and not to rewrite it. 37 [38] Fundamentally, I agree with Mr Beatson: the District Council cannot...

6. [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 $...

7. [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...

8. 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...

9. 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...

10. [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...