Search Results

1. Auckland Standards Committee 3 v Anderson [2022] NZLCDT 25 (22 July 2022) [pdf, 238 KB]

   ...was hoping to use the property as security to raise funds to purchase another property adjacent to her business premises, in respect of which an option to purchase had just arisen. [14] In subsequent Family Court proceedings, Mr R swore an affidavit in which he acknowledged having proposed this arrangement to assist Ms Anderson, because he could see that she was under enormous stress and that her health was suffering as a result of her ex-husband’s actions in refusing to leave...

2. Karaitiana v Waka Kotahi - Parahaki Island (2022) 454 Aotea MB 299 (454 AOT 299) [pdf, 1.6 MB]

   ...and the staff and consultants who assisted the court on site and at the hearing. I was also assisted by the additional evidence filed by Waka Kotahi after the hearing in response to my directions. I discuss Mr 454 Aotea MB 301 Baildon’s affidavit at paragraph 23 and following. I also record my appreciation for the assistance the trust chair, Mr Karaitiana, and trustee Ms Te Huia were able to provide. [6] The issue to decide is whether the grounds for an accretion order have be...

3. [2010] NZEmpC 85 SFWU v Searancke [pdf, 29 KB]

   ...Employment Relations Authority and the sum of $20,000 for compensation, hurt, loss of dignity and injury to feelings. Ms Searancke filed an application for leave to amend the statement of defence out of time, together with a supporting affidavit, on 26 April 2010. [2] The opposed application for leave was set down for hearing on Monday 14 June but on 11 June new counsel who had just been instructed on behalf of Ms Searancke applied for and obtained an adjournment. Thi...

4. [2014] NZEmpC 118 Pyne Gould Corp Ltd v West [pdf, 80 KB]

   ...categories of documents for which he sought disclosure. On 22 January 2014, a notice of objection to disclosure was issued for PGC. [5] On 20 February 2014, the defendant filed a challenge to objection to disclosure; this was supported by an affidavit sworn by Mr West. An amended challenge to objection to disclosure was filed by the defendant on 18 March 2014. Submissions were filed on 9 April 2014. [6] On 2 April 2014, the plaintiff filed a notice of objection to the amended...

5. Putataua Bay Holdings Ltd v Pere - Lot 189 DP 393664 (2014) 82 Taitokerau MB 139 (82 TTK 139) [pdf, 91 KB]

   ...roadway order. However, Lot 3 DP 308767 is not mentioned in that roadway order and I assume it does not have the benefit of the roadway order. [9] The evidence filed in support of the application for an urgent injunction takes the form of an affidavit from Dover Samuels. Mr Samuels is authorised by PBH to swear the affidavit though his connection to the company is unclear. [10] Mr Samuels explains some of the protest to developments at Matauri Bay. The 2008 roadway order was to...

6. Auckland Standards Committee v Garrett [2011] NZLCDT 29 [pdf, 87 KB]

   ...Applicant Mr G King for the Respondent 2 DECISION OF NEW ZEALAND LAWYERS AND CONVEYANCERS TRIBUNAL [1] David Arthur Garrett (“the practitioner”) has admitted one charge of recklessly or negligently swearing a false affidavit or recklessly or negligently omitting to tell the full truth. The actions which formed the basis of the charge occurred in 2005 and therefore penalty is to be determined according to the Law Practitioners Act 1982 (“LPA”), in te...

7. Faulkner v Hoete - Motiti North C No 1 [2017] Māori Appellate Court MB 188 (2017 APPEAL 188) [pdf, 293 KB]

   ...provided for in the District Plan. The learned Judge concluded that the applicants were entitled to use part of the block as an airstrip as this was a permitted activity under the plan.1 Appellant’s submissions [5] Mr Sharp submits that the affidavit sought to be filed updates the situation with events that have taken place since the hearing in the Court below regarding ongoing discussions with the Department of Internal Affairs (DIA) over the planning status of the dwelling and ai...

8. [2017] NZEnvC 060 Auckland Council v Mao [pdf, 254 KB]

   ...calculation of this figure is given, and accordingly we are not clear on either the hourly rate or the number of hours spent on this work. I do accept, however, that: (a) the work was relatively complex given the significant number of documents and affidavits filed by Mr Lau and his dispute of relatively straightforward facts; (b) the applicant was required to make an ex parte application with supporting affidavits and attend essentially full hearings to both present evidence of w...

9. 2025] NZEmpC 81 Nand v Idea Services Limited [pdf, 189 KB]

   ...application so that costs should be calculated using band A rather than B. [17] Turning to consider the steps sought by Idea Services, I accept that most of them appear to be reasonable. However, I do not accept the claim for preparing and filing affidavits for the strike-out application. Mr McBride, counsel for Idea Services, relied on step 49 as analogous, but that step relates to affidavits filed in support of applications for freezing orders and search orders. Affidavits fil...

10. [2025] NZEmpC 188 O'Brien v The Platform Media NZ Ltd [pdf, 196 KB]

    ...monies payable under the Authority determinations remained outstanding.4 [7] On 8 April 2025, an application for leave to extend the time for filing the statement of defence was filed and served, together with a draft statement of defence and an affidavit from Mr Plunket in support. [8] Mr Plunket explained in his affidavit that he had been overseas between 19 and 29 March 2025. Platform Media had initially decided it would not use a lawyer for the challenges, but in his affi...