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1. NZHC 349 28 February 2013 Therese Anne Sisson v The Standards Committee [pdf, 181 KB]

   ...June 2007. The appellant did not advise the LSA that Ms H intended to surrender her grant of legal aid. In early July 2007 the appellant applied to the LSA for an amendment to the grant to cover a pre-trial conference and the preparation of affidavits. On 4 December 2007 the appellant filed an application in the High Court seeking waiver of setting down and hearing fees, on the basis that Ms H was a beneficiary and in receipt of legal aid. On 1 April 2008 the appellant e-m...

2. [2010] NZEmpC 115 Fonterra Cooperative Group Limited v Te Stroet [pdf, 64 KB]

   ...laboratory technician position and do not affect his claim to reinstatement to another position no less advantageous to him. Indeed, Ms Beard concedes that the size of the enterprise means that Fonterra has regular vacancies and, as she says in her affidavit, “… any delay in reinstating Mr Te Stroet will not adversely affect his ability to secure a suitable alternative position with Fonterra.” [31] Next, and most strongly, Ms Beard says that if Mr Te Stroet is reinstated to a...

3. [2010] NZEmpC 129 Metallic Sweeping (1998) Ltd v Ford [pdf, 64 KB]

   ...what is at stake. [14] It seems to me that the only practical way of deciding a challenge to a costs determination is for the Court to be primarily informed through the submissions of the parties, with the possibility that this may be supported by affidavit evidence about contentious issues. In most cases, there will not be a hearing at which the parties or their agents appear in person. Thus, resolving differences between the parties or their representatives will be problematic....

4. [2010] NZEmpC 88 Coy v Commissioner of Police [pdf, 67 KB]

   ...instructive in the balancing exercise that this Court must carry out under reg 44(3)(c). 2 [1997] 3 NZLR 424. 3 See [1998] 3 ERNZ 500, 514. [18] The plaintiff has filed a comprehensive affidavit about how Mr Dugdale came to compile his notes that were the subject of the assertion of privilege. She says that on some occasions she attended therapy sessions with Mr Dugdale on her own and on a smaller number of occasions her...

5. O v CAC 10028 & T [2011] NZREADT 15 [pdf, 184 KB]

   ...professional misconduct has been established”. (CIV 2005-409-002244, High Court, 21 February 2006, para 42). [50] Against the public interest must be taken into account the private interests of Mr O. These have been identified by his Counsel and in the affidavits he and his wife filed as the fear of shame to Mr O and Mrs O and her extended family if his name is published, damage to Mr O’s reputation, and to Mr and Mrs O’s general mental health. [51] The Tribunal considers tha...

6. Wikitera v Anderson - Rangitoto Tuhua 70B No 1B (2015) 106 Waikato Maniapoto MB 201 (106 WMN 201) [pdf, 235 KB]

   ...Supreme Court considered the approach taken by the Court of Appeal in its consideration of the word “finds”. The Court of Appeal had found that “finds” indicates that Parliament contemplated a judicial inquiry, which would normally involve affidavit evidence and legal submissions as to the consequences of uncontested facts. The Supreme Court rejected that approach and found that the word “finds” is just another word for “holds”. 14 [51] I adopt the Supreme Court...

7. Auckland Standards Committee v Slack [2012] NZLCDT 40 [pdf, 162 KB]

   ...agreement. [4] The Tribunal questioned counsel for the Standards Committee about the Committee’s confidence that these matters justified that approach. The Tribunal had reviewed the evidence in support of the charges, which was lodged in affidavit form prior to the hearing, and had noted that, prima facie, there may have been a case supporting the bringing of a charge of professional misconduct. [5] Counsel for the Standards Committee confirmed that the position had been...

8. Satnam Singh v Shane Singh and Scorpion Liquor [2015] NZHRRT 8 [pdf, 91 KB]

   ...his father the relationship is best described as formal and distant. [25] The plaintiff believes that as a foreign worker he has been exploited by Shane Singh and Scorpion Liquor. The medical evidence [26] The Tribunal received in evidence an affidavit sworn on 1 October 2014 by Dr Wee Teo who deposed that on 7 March 2012 he saw the plaintiff at his practice at Three Kings Accident and Medical Centre. The plaintiff reported to Dr Teo that he had been racially and physically abused b...

9. Auckland Standards Committee 2 v Parshotam [2016] NZLCDT 15 [pdf, 110 KB]

   ...She also attached a report from a handwriting expert, which assessed the signatures as forged, and confirmed an opinion that the forgery was by her husband. [21] Some six weeks later, when represented by senior counsel, Mr Parshotam filed an affidavit with the New Zealand Law Society Complaints Service acknowledging the complaint made by Mrs R and sincerely apologising for the misleading response sent by him to the NZLS on 7 August. He professed to have been under severe stress and...

10. [2016] NZEnvC 152 Koha Trust Holdings Limited v Constellation Brands New Zealand Limited [pdf, 735 KB]

    ...the conditions, particularly the use of the term "installations" in Condition 3, the provisions of Chapter 6 as to the importance and context for ascertaining the purpose of the conditions, and an acknowledgement at paragraph 7 of the affidavit of Suzanne Woolley that the consent was a comprehensive one applying to all four wells collectively. (She did not employ the word "collectively", but we consider that her acknowledgement was to that effect). [37] Mr Maasse...