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1. Mahanga v Mahanga - Taiharuru 2C (2025) 286 Taitokerau MB 172 (286 TTK 172) [pdf, 237 KB]

   ...granted on an application made more than 20 days after the order, unless the judge is satisfied that the application could not reasonably have been made sooner;1 and 1 Te Ture Whenua Māori Act 1993, s 43(2). 286 Taitokerau MB 175 (c) An affidavit in support should be filed, setting out the circumstances that give rise to the rehearing. This should include details of the order for which the rehearing is sought. [13] In addition, in Henare v Māori Trustee, the Māori Ap...

2. [2011] NZEmpC 124 Amien v Reipen and Others interlocutory [pdf, 69 KB]

   ...and frankly disclosed to the Court all material facts including any possible defences known to the applicant and information relevant to the substance of his undertaking as to damages. The relevant background is fully canvassed in a supporting affidavit filed by the applicant which has, as attachments, copies of relevant documentation filed in the Authority. [4] In brief, the applicant’s case is that he was employed by the first respondent (Mr Reipen) as a dressage rider and tra...

3. [2014] NZEmpC 73 Carter Holt Harvey Limited v Rodkiss [pdf, 74 KB]

   ...unjustifiably constructively dismissed. The Authority sustained his claims of disadvantage but determined that he had not been constructively dismissed. The [respondent] was awarded compensation of $6,000. [3] The application for stay is supported by an affidavit of Mr G J Andrews. The applicant’s concern is that if a stay is not ordered the respondent will proceed with an enforcement action and thereby receive the sums awarded by the Authority. It is asserted that if the app...

4. [2017] NZEnvC 128 Irvine v Tasman District Council [pdf, 470 KB]

   ...the owner in the first instance. In their view the organisational structure of any proposed CCO will enable the court to determine whether the proposed dam is truly a public work. [6] The application is opposed by the Council, supported by the affidavit of Mr M J Drummond of Richmond, Manager, Corporate Services at the Council, dated 2 August 2017. First, it says that the documents sought are irrelevant because: (a) the CCO proposed to undertake the development does not exist; (...

5. [2020] NZEmpC 20 Kohli v Brahmbhatt [pdf, 157 KB]

   ...1 Brahmbhatt v Kohli [2019] NZERA 507 (substantive); Brahmbhatt v Kohli [2019] NZERA 557 (costs). to lodge their application in the Authority, with NZ Clean and Ms Kohli jointly and severally liable for those sums. Affidavits have been provided [7] Mr Gediya has filed an affidavit in support of the defendants’ position on both the application for stay and the application for security for costs. [8] He confirms his concern that, if the order for a st...

6. [2019] NZEnvC 139 West Coast Regional Council v Westland District Council [pdf, 8.2 MB]

   ..."Franz Josef Wastewater Treatment Plant - Key Milestones - dated 14 February 2019" to "Franz Josef Wastewater Treatment Plant - Key Milestones - dated 25 June 2019"; (d) replace Attachment A of the Orders with Exhibit C to the affidavit of Martin James Ross, sworn on 12 August 2019, filed in support of the application. [3] Exhibit C to Mr Ross' affidavit , entitled "Updated Key Milestones" , is attached to this decision and marked "Attachmen...

7. [2022] NZEmpC 235 THL (2005) and ors v NEN and MDL [pdf, 179 KB]

   ...applicants have provided the Court with an undertaking as to damages, which is required by r 32.2, as well as a draft statement of problem that they intend to file in the Employment Relations Authority, and draft orders. They also have filed four affidavits in support of the application, which annex relevant documentation. [21] The proposed orders extend to the second respondent although it is not proposed to be a respondent to the claim in the Authority. This is provided for in...

8. EC COVID-19 Protocol - All Alert Levels 6 September 2021 [pdf, 160 KB]

   ...filing in person at Court Registries. 8. Difficulties in service may be drawn to the attention of the Court to enable appropriate directions and orders to be made facilitating electronic service. 9. The Court will not generally accept unsworn affidavits, but may, in appropriate circumstances, direct that an affidavit that does not comply be accepted for filing and be read and used in a proceeding (refer HCR 9.73). Practitioners may find it helpful to refer to guidance issued...

9. FIL v EQC [2023] CEIT 2022-007 Minute [pdf, 107 KB]

   ...have commenced if it appears to the court, at any stage of a proceeding, that a document or class of documents may be or may have been in the possession, custody or power of a person who is not a party to the proceedings. [3] I have reviewed the affidavit of FIL. The jurisdiction has been made out. [4] I am satisfied that documents regarding the various subfloor replacement work carried out to the Property are, may be or were in the possession, custody or control of ABCD. 2...

10. [2011] NZEmpC 156 Sigglelow v Waikato DHB [pdf, 61 KB]

    ...stay of proceedings pending the hearing of the challenge and cross-challenge. The application for stay was the subject of a hearing conducted by telephone conference yesterday. I allowed further time for counsel for Mr Sigglekow to finalise an affidavit filed in opposition to the application. The affidavit was filed late in the day. [4] The application for stay is advanced on the basis that if the District Health Board’s cross-challenge succeeds, then it is unlikely that Mr Sig...