Search Results

1. [2022] NZEnvC 088 Silverpeaks Station Ltd v Dunedin City Council [pdf, 118 KB]

   ...agreement reached involves amendment to the western boundary of the Silverpeaks SNL at 262 Silver Peak Road, removing the SNL overlay from an area of land that is not considered to have high landscape values. [3] I have also read and considered the affidavits of Ms James and Mr Moore who have satisfied me that the amendment to the SNL bounda1y is appropriate and that granting the relief sought will not impact on the resolution of any other proceeding.1 Other relevant matters [4]...

2. [2021] NZEmpC 124 National Union of Public Employees Inc v Chief Executive of Oranga Tamariki - Ministry for Children [pdf, 117 KB]

   ...and either the litigation will be resolved or at least issues that have to be concentrated on will be narrowed. [6] The last matter is the issue of non-publication. As I have just indicated the Court has power to order non-publication. In an affidavit of Janice Gemmell supporting NUPE’s application one young person was named who is the subject of a care and protection order made under the Oranga Tamariki Act 1989. It is also possible that other young people who are also the sub...

3. LCDT-form-B-charge-LCRO-practitioner-employee-v2-Apr-23.pdf [pdf, 272 KB]

   ...41 Federal St Auckland 1010 www.justice.govt.nz/tribunals/lawyers-and-conveyancers-disciplinary-tribunal Z Z Z Page 3 For more information visit www.justice.govt.nz/tribunals/lawyers-and-conveyancers-disciplinary-tribunal LCDT 01/14 - B Part 4: Affidavit (please attach) This charge is supported by the evidence set out in the affidavit(s) below: Full name of deponent Date of Affidavit / / (day / month / year) Part 5: Address for service Address for service Name...

4. [2014] NZEmpC 180 Snowdon v Radio New Zealand Ltd [pdf, 171 KB]

   ...parties were unable to reach agreement. [3] Subsequently, detailed submissions were filed on behalf of each party (the defendant's principal submissions and attachments totalled approximately 265 pages). The Court also has before it two affidavits from Ms Snowdon. The first in time, deposed on 28 April 2014, was attached to the defendant's submissions in reply. The other, sworn on 30 May 2014, was filed along with her counsel’s submissions of the same date. It is ap...

5. [2012] NZEmpC 186 Walker v Procure Health Ltd [pdf, 153 KB]

   ...a determination of the Employment Relations Authority BETWEEN VICKI JANE WALKER Plaintiff AND PROCARE HEALTH LIMITED Defendant Hearing: (on the papers by way of submissions filed 13 July 2012, 7, 17 and 20 August 2012 and affidavits dated 19 July 2012, 15 August 2012 and 26 October 2012) Counsel: Esma Brown and Nicole Smith, counsel for the plaintiff Richard Harrison, counsel for the defendant Judgment: 1 November 2012 COSTS JUDGMENT OF JUDGE A D...

6. Potangaroa - Golden Sarel Potangaroa [2015] Chief Judge's MB 562 (2015 CJ 562) [pdf, 293 KB]

   ...father by adoption) resulting in the judge concluding that the applicant had already received shares in the extended whānau lands through that Will and determining that to ensure equity only Koroinga Jonboy Potangaroa should succeed. [4] An affidavit of Mr Regan Potangaroa was filed with the application. In that affidavit he noted his family history and that he has two children. In terms of the Will of John Hape Potangaroa he claimed that the lower Court judge had misread cl 3, as...

7. [2021] NZEnvC 183 Clutha District Council v Vreugdenhil Family Trust Partnership [pdf, 358 KB]

   ...has been obtained. Notice of motion to the court [10] On this occasion the proceedings were initially lodged by the P J and M E Vreugdenhil Family Trust Partnership (‘the Vreugdenhil Trust’). The original application was supported by an affidavit by Pieter John Vreugdenhil dated 4 November 2020. [11] The Vreugdenhil Trust supports the proposed stopping and would become owners of the land if the road is ultimately stopped. [12] However, the original application had been base...

8. [2011] NZEmpC 116 Pollett v Browns Real Estate Ltd [pdf, 81 KB]

   ...sufficiently his omission to challenge the substantive determination in time; that to grant leave would prejudice the company; and that there are no established merits to Mr Pollett’s claim. [6] The intended defendant’s opposition is supported by affidavit evidence from Peter Newbold, its general manager in Queenstown. Mr Pollett did not notify the intended defendant of his intention to challenge the Authority’s determination, either within the 28 day period or after it...

9. [2010] NZEmpC 21 Industrial Services Nelson Ltd v Stewart [pdf, 31 KB]

   ...therefore overlooked. The application for leave pleaded that the interests of justice required that the plaintiff should have a proper opportunity to be heard as there was no prejudice to the defendant. [4] The application was supported by an affidavit of the previous counsel representing the plaintiff. He deposed that on about 8 December 2009, he received a memorandum from the Employment Court in relation to the matter which he copied and placed in an envelope and forwarded it...

10. [2012] NZEmpC 157 Pottinger and Nine Dot Consulting Ltd and Carew v Kelly Services (NZ) Ltd [pdf, 77 KB]

    ...costs [10] The hearing took nearly a full day (concluding at 3.35pm). The costs incurred by the defendant included those relating to consideration of the statement of claim and preparation of a statement of defence, perusal of the plaintiffs’ affidavits and drafting four affidavits in opposition, drafting submissions, and appearances at a telephone conference and at the Court hearing. The defendant’s costs were based on 40.5 hours of attendances, at a charge out rate of $330 p...