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1. Submissions summary: Independent Panel examining the 2014 family justice reforms (second consultation round) [pdf, 2.1 MB]

   ...compulsory because they believe PTS is irrelevant or even harmful for victim-survivors of family violence to attend. However, under the current system, the mandatory requirement for PTS does not apply to applications made without notice, or where an affidavit provides evidence that one of the parties or the child has been subject to family violence. Two parents commented that PTS had been a waste of time for their family, and therefore should not be compulsory. A few submitters (9%)...

2. [2006] NZEmpC CC 11/06 Michael Pearcy Investments Ltd v Miller [pdf, 65 KB]

   ...in it. In mid March 2004, the plaintiff engaged a woman called Robyn Anderson to do clerical work on a part time basis. The remaining entries in the wage book relating to the defendant were made by Ms Anderson. I received by consent a brief affidavit from Ms Anderson confirming this but she qualified it by saying that she made the entries simply by copying the initial entry made by the defendant and that she never mentioned the wage book or the entries in it to Mr or Mrs Pearcy....

3. [2010] NZEmpC 140 Weston v Advkit Para Legal Services Ltd [pdf, 49 KB]

   ...devastated by this accusation. [13] When Mr Dixon-McIver came down to the office, she claimed she tried to say that he had a duty to keep her safe in the workplace and he was responsible for the assault that had taken place. She claimed in her affidavit that he repeatedly interrupted her and would not listen to her concerns, and she became so exasperated that she began slapping her hand against the desk. She claimed that Mr Dixon- McIver reacted by yelling at her and came up an...

4. [2006] NZEmpC AC 34/06 NZ Engineering Printing & Manufacturing Union v ACI Operations NZ Ltd [pdf, 71 KB]

   ...defendant of employees being permitted to choose the days on which longstanding entitlements to alternative holidays were taken. Evidence in support of this argument was given by Mr Woodcock, the defendant’s human resources manager. He said in his affidavit that the additional cost to the defendant of employees predominantly taking holidays on those days which attracted higher rates of pay was very substantial. [57] In advancing his submissions, Mr Toogood acknowledged that he w...

5. Swanson - Waotu South C No 6B (2014) 110 Waiariki MB 187 (110 WAR 187) [pdf, 235 KB]

   ...land is a hindrance to sale. The objective of the status change is not to maximise the sale price, as without the status change there will be no sale. 110 Waiariki MB 191 Evidence of David Graham [10] Mr David Graham filed an affidavit in support of the application and appeared before the Court at the last hearing. In his evidence he confirms that he has been utilising the block on an informal basis since he purchased the neighbouring property from Mr Riley. He h...

6. AI v Secretary for Justice 10 August 2012 NZRA 000012 [pdf, 83 KB]

   ...the applicant’s recent experience in each area of law or category of proceedings to which the application relates. Sub clause 5 states that work samples includes any – a. Correspondence to or on behalf of a client b. Research notes c. Affidavits d. Opening and closing addresses e. Examination notes. 61. Regulation 6(2)(a) specifies that the Secretary must apply the relevant experience and competence requirements set out in the Schedule. 62. The Act and Regulations do not...

7. [2015] NZEmpC 201 Owen v CE of the Department of Corrections [pdf, 174 KB]

   ...put to her in writing. Her evidence would in the circumstances need to be considered under the Authority’s equity and good conscience provision. 12 The Department was now in the position of potentially relying on evidence given by Ms B on affidavit; the fact that formal cross-examination of her at the investigation meeting was no longer possible was more likely to prejudice the Department’s case rather than that of Ms Owen. This would also have been the case if it had bee...

8. [2014] NZEmpC 236 Lyttelton Port Co Ltd v Rail Maritime Transport Union Inc [pdf, 119 KB]

   ...factors to which I have referred into account, I conclude that the overall justice of this case requires the application for interim injunction to be declined. Conclusion [64] The application is dismissed; I reserve costs. [65] Mr Monk’s affidavit stated that LPC would be making arrangements to try to address the areas of disagreement about risk. I requested further information about this; a memorandum was accordingly filed on behalf of LPC earlier today. I am advised tha...

9. Mason v REAA [2013] NZREADT 7 [pdf, 66 KB]

   ...applicant emphasised that the applicant made no secret of his convictions and included a copy of his previous convictions with his application. [45] Counsel also stresses that the applicant’s referees, Messrs McGuigan and Croucher, have both sworn affidavits in which they each confirm that, notwithstanding the applicant’s convictions, they consider him to be a suitable person to hold a Real Estate Agents licence. [46] It is also emphasised that Mr Mason’s conviction in 2006 wa...

10. Mr X v CAC10026 & Mr C [2012] NZREADT 42 [pdf, 151 KB]

    ...commentary goes on to note that the essential elements of disciplinary action under rule 13.8 are that a 5 conflict of interest has arisen and that the full nature of the conflict has not been disclosed. 3.10 The appellant has filed affidavit evidence from persons with real estate industry knowledge and experience in support of his appeal, to the effect that property swaps were standard in the industry in 2006 and did not, in their view, represent a conflict. It is submit...