Search Results

1. Waters v Alpine Energy Ltd (Discovery No. 2) [2015] NZHRRT 7 [pdf, 73 KB]

   ...judgment [4] It is to be recalled two positions were advertised by Alpine Energy. The first was “Engineering Officer – New Connections” and the second “Maintenance Engineer”. Mr Waters applied unsuccessfully for both positions. In an affidavit sworn on 17 March 2014 Mr SM Small, Compliance Training Manager, deposed that no appointment was in fact made to the Maintenance Engineer position. In the High Court Mr JN Carter swore an affidavit dated 20 May 2014 identifying himsel...

2. UF v OU LCRO 90 / 2011 (20 March 2013) [pdf, 118 KB]

   ...barristers, and CCS Chambers was instructed. UF was briefed to act on the criminal charges, and UG was briefed on the civil proceedings. OU continued to act for the company and WR. [5] At the time UG was briefed, the time allocated for filing affidavit evidence had passed. UG formed the view that further evidence was necessary and made an application to file further evidence out of time. In support of that application he filed an affidavit by ZB. [6] In the memorandum in suppo...

3. [2017] NZEnvC 155 J Evans v ADL Properties Ltd [pdf, 2.4 MB]

   ...those misunderstandings had been pointed out, a reasonable parry, acting in good faith, would have reflected on the wisdom of pursuing the application. 15 ADL also notes that the court was not presented with any evidence from 8 9 10 11 12 Affidavit of C J Barnes, dated 11 May 2017, at [5]. Affidavit of C J Barnes, dated 11 May 2017, at [6]. Affidavit of C J Barnes, dated 11 May 2017, at [19]. Affidavit of C J Barnes, dated 11 May 2017, at [20]. Affidavit of J P Evans, dated 19...

4. Cooper v Corrections [2019] NZHRRT 23 [pdf, 201 KB]

   ...of Mr Cooper for substitution of a community-based sentence in lieu of a disqualification under s 94 of the Land Transport Act 1998 (LTA) in the District Court at Papakura. This application placed reliance on Mr Cooper’s employment with STS. An affidavit by Mr Cooper filed in support of the application annexed his offer of employment from STS dated 10 January 2014. [8] Mr Cooper’s file was transferred from the Papakura Service Centre to the Mangere Service Office. On 24 Februar...

5. Director of Human Rights Proceedings v Commissioner of Police (Discovery) [2020] NZHRRT 32 [pdf, 202 KB]

   ...new hearing date of 5 October 2020. The application [5] As mentioned a fourth statement of claim was filed by the DoHRP on 8 June 2020 together with the present application for further and better discovery which is supported by submissions and an affidavit sworn on 3 February 2020 by a legal executive in his employ, annexing correspondence between the DoHRP and the lawyers representing the Commissioner. That correspondence spans the period from 5 August 2019 to 29 January 2020. [6]...

6. Sherard v Devereux and others - Otakanini Māori Reservatio (Haranui Marae) (2016) 140 Taitokerau MB 60 (140 TTK 60) [pdf, 243 KB]

   ...Robertson argues that the trustees are undertaking important work carrying out the renovations of the Marae which is for the benefit of all of the beneficiaries and they should be allowed to continue with that work. [22] Mr Robertson relies on affidavits from Carole Povey, Tracey Hill, and Denise Hohepa-Hapeta. [23] There is merit in Mr Robertson’s argument. The trustees have the power and the obligation to administer the reservation for the benefit of the beneficiaries. This is...

7. [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...

8. [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...

9. [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...

10. [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...