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1. Tana v Mahanga - Puhakaha East 5B [2025] Māori Appellate Court MB 510 (2025 APPEAL 510) [pdf, 329 KB]

   ...appellant’s application. [40] Counsel submitted that the initial discontinuance application did not provide any commitment not to simply re-issue proceedings nor any reflection on the serious allegations of fraud and impropriety the appellant made in affidavits against the respondents. 2025 Māori Appellate Court MB 520 [41] Counsel reiterated that the appellants’ applications to discontinue proceedings were made on the basis of serious allegations against the trustees who...

2. Miller-Hard v Stewart [pdf, 277 KB]

   ...and to ask questions of all the witnesses. Evidence was given under oath of affirmation by the following: • Greg Miller-Hard, called by the Claimant; • Kerry Murphy, a building consultant, called by the Claimant; • Grant Honeyfield (affidavit admitted by consent), for the Claimant; • Nicole Miller-Hard; • Geoffrey Morrison, a carpenter involved on the original building, called by myself; Claim No 00765 – Miller-Hard

3. Wihelmus Hooft van Huijsduijnen v Woodley [2012] NZWHT Auckland 11 [pdf, 451 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2010-101-000028 [2012] NZWHT AUCKLAND 11 BETWEEN RONALD ALOYSIUS WIHELMUS AND MARTINA HELENA MARIA HOOFT VAN HUIJSDUIJNEN Claimants AND EDWARD MERVYN JOHN AND LYNETTE ANNE CATHERINE WOODLEY First Respondents AND PORIRUA CITY COUNCIL Second Respondent AND ALAN GORDON MINTY (Removed) Third Respondent AND SAWREY CONSULTING ENGINEERS LIMITED (Removed) Fourth Respondent AND DONALD JOHN HAWINKELS Fifth Respo

4. Turner v University of Otago [2021] NZHRRT 18 [pdf, 443 KB]

   ...Court Rules 2016, Part 8, there is no counterpart obligation under the PA 1993 to identify documents which cannot be found or to specify what they contained. [97.2] Similarly, the obligation to list documents for which privilege is claimed (see the affidavit of documents in Form G37 in the High Court Rules) is not carried over into the PA 1993 regime. GENERAL POINTS ABOUT THE TWELVE REQUESTS [98] The 12 “requests” pleaded in the ASoC are problematical for at least three reasons:...

5. [2022] NZEnvC 016 Federated Farmers of New Zealand v Northland Regional Council [pdf, 2.3 MB]

   ~s0~;: / «' I ,--:,, -~ .~.;, ;;j j ,,?, {,• \~_:!: ··· ····.:-... ·, ......_: __ _ IN THE ENVIRONMENT COURT AT AUCKLAND I TE KOTI TAIAO O AOTEAROA KI TAMAKI MAKAURAU IN THE MA TIER OF AND AND BETWEEN AND Decision [2022] NZEnvC O If; the Resource Management Act 1991 a matter of appeals under Clause 14 of Schedule 1 to the Act in a matter of Stock Exclusion-Topic 16 of the Proposed Northland Regional Council combination land and water p

6. [2023] NZEnvC 170 Liquigas Limited v Dunedin City Council [pdf, 3.4 MB]

   ...are outlined in Appendix 2, attached to and forming part of this order. [3] I have read and considered the consent memorandum of the parties dated 2 June 2023 which proposes to resolve the appeals. 3 [4] I have also read and considered the affidavit by P B Rawson affirmed 21 June 2023, who has satisfied me that the amendments proposed will achieve the objectives of the 2GP, and that granting the relief sought will not impact on the resolution of any other proceeding. 1 [5] The par...

7. [2024] NZEnvC 129 Second Star Limited v Queenstown Lakes District Council [pdf, 591 KB]

   SECOND STAR LTD v QLDC – DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2024] NZEnvC 129 IN THE MATTER of the Resource Management Act 1991 AND an appeal under s120 of the Act BETWEEN SECOND STAR LIMITED (ENV-2022-CHC-52) Appellant AND QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge P A Steven Environment Commissioner M C G Mabin Hearing: at Queenstown on 4 and 5 March 2024 Site v

8. [2010] NZEmpC 133 Mercer v Maori Television Service [pdf, 82 KB]

   ...that her arrival time with Mr Mercer was “after 9am, but well before 9.30am. Possibly after 9.10am but more in the quarter hour after 9am”. She actually thought it was somewhere between 9.08am and 9.12am. [33] Ms Lee-Harris’s affidavit evidence of the time of arrival conforms almost exactly with that of Ms Arago-Kemp although it is common ground that Ms Arago- Kemp did not make any written note of the conversation or obtain a written statement from Ms Lee-Harris...

9. Herman, Wang, Howatt, Li, Thornhill, Gilchrist, Barnao, Watson v CAC10100 & Jackman [2012] NZREADT 60 [pdf, 105 KB]

   ...all but one of the present cases where only one of the “architects” has a university degree in architecture (from Germany) and the others are merely architectural designers. [6] In the present cases there has been particular reference to an affidavit which Mr Jackman swore on 14 September 2011 in relation to Jackman v CAC v D Cussen & W Hale, which we issued on 31 October 2011 as [2011] NZREADT 29. Mr Jackman was acting as Chief Executive of the NZ Registered Architects Board...

10. CAC 10054 v Hume [2013] NZREADT 91 [pdf, 252 KB]

    ...instructions of his employer.” A Summary of Relevant Evidence for the Prosecution Evidence of Mr W [4] Mr W works as a licensed agent at X X X Wanganui trading as X X (Wanganui) Ltd. He has been a Justice of the Peace for about 30 years. [5] In an affidavit of 3 August 2011 Mr W had deposed, inter alia, that the defendant had joined X X Ltd as a licensed salesperson in January 2011. The deponent advised of being informed about a number of complaints made against the defendant as...