Search Results

1. [2021] NZEmpC 79 McKay v Wanaka Pharmacy Ltd [pdf, 227 KB]

   ...compliance order, WPL and WSL have not made payment of the holiday pay to Ms McKay or taken any steps to do so. [10] On 15 February 2021 Ms McKay filed these proceedings, seeking sanctions against that non-compliance. [11] I have received two affidavits from Ms McKay in support of her application and an affidavit from Mr Aaron William Heath, the sole company director and shareholder of WPL and WSL. Both parties filed written submissions. [12] The situation between the parties...

2. [2020] NZEmpC 71 Grigorovich v Precise Ltd [pdf, 344 KB]

   ...[2] The parties agreed that the application could be dealt with on the papers and timetabling orders were made on 20 March 2020. The applicant subsequently sought leave to file further evidence in support of the original application, namely an affidavit. He also referred to an audio recording which he offered to make available to the Court. 1 Grigorovich v Precise Ltd [2019] NZERA 724 (Member Robinson). The recording was s...

3. [2022] NZEnvC 027 Vortac New Zealand Limited v Western Bay of Plenty District Council [pdf, 209 KB]

   ...that the fence does not contravene the relevant rules in the District Plan or otherwise could be altered so as not to do so, and that the fence and related materials are not having any adverse effect on the environment in their current form. An affidavit of Grant Stanley Nicholls sworn on 20 December 2021 is filed in support of the application. Mr Nicholls is the 3 director of Vortac, was a co-defendant in respect of the charges and is also subject to the enforcement order. He s...

4. [2021] NZEmpC 166 Yakka Contracting Ltd v Naicker [pdf, 208 KB]

   ...against him. [4] This proceeding for freezing and ancillary order against Mr Naicker was commenced by way of an application and supporting memorandum which attached a draft statement of problem to be filed in the Authority. It was supported by an affidavit of Mr Bruce Levien, the sole director and shareholder of Yakka, and an undertaking as to damages. In addition, draft proposed orders were filed. [5] Counsel for Yakka have certified that: (a) the grounds upon which the applic...

5. [2014] NZEmpC 106 Temara v The Chief Executive of the Ministry of Social Development [pdf, 48 KB]

   ...is satisfactorily explained by counsel then representing the applicant, Mr AJ McKenzie. Mr McKenzie, who represented Mr Temara in the Authority, and who will presumably continue to act for him once this application is resolved, has filed an affidavit in support of the application. In that affidavit Mr McKenzie sets out his other trial commitments which arose following the expiry of the time for commencing the challenge, which impeded his ability to prepare and file the applicati...

6. [2018] NZEnvC 143 Zindia Ltd v Marlborough District Council [pdf, 602 KB]

   ...commercial forestry harvesting at the locations set out in the abatement notice. At the same time, the appellant made an application to stay the abatement notice Zindia Limited v MDe Stay Decision August 2018 2 and this was supported by the affidavit of Suresh Krishnan, the National Business Manager for Zindia Limited, dated 1 August 2018. The application for stay [3] The application for stay is made on the following grounds:' (a) it would be inappropriate for the appella...

7. [2018] NZEnvC 209 Nelson City Council v Bailey [pdf, 702 KB]

   ...recovered from the sale of the chiller unit structure, as a debt due from the respondent. B: The Nelson City Council is to: (1) serve Mr Bailey with this consent at least five (5) working days before it acts upon Direction [A]; and (2) lodge an affidavit of service promptly thereafter. C: Under section 281 of the Resource Management Act 1991 the court extends the period for the Nelson City Council to make an application for costs under section 285 of the Act to 24 October 2018....

8. Application for change of conditions relating to weapons [pdf, 195 KB]

   ...You want to make a change to the current terms of the standard condition relating to weapons as follows: (specify changes wanted). PAGE 4Application for a change, removal, or the addition of standard condition relating to weaponsV2 November 2021 Affidavit in support NOTE: You must – You must file an affidavit containing sufficient detail to show why your Application should be granted, and enough information to inform the court of the facts that support the Application. I rely on the...

9. [2024] NZEnvC 115 Anderson Branch Creek Limited v Queenstown Lakes District Council [pdf, 440 KB]

   ...adheres to its responsibilities, i.e. if the affidavit evidence is to come from the appellant then QLDC would need to appropriately scrutinise it. Ms de Latour confirmed that QLDC had already considered this and had intentions to review the draft affidavits before they were filed. Affidavits of Benjamin Espie and Carey Vivian [13] The court has been provided with two affidavits: (a) an affidavit of Benjamin Espie dated 2 February 2024, which provides an assessment of landscape a...

10. Wellington Standards Committee v Hall [2014] NZLCDT 1 [pdf, 263 KB]

    ...independent advice (and she did not arrange any such advice); and/or, without declining to act further for the purchaser and lender where acting for them would be likely to disadvantage one or both of them. [4] As is normal, the SC filed evidential affidavits in support of the charge at the time the charge was laid. [5] Ms Hall was obliged to respond to the charge once laid, stating which of the facts alleged in the charge were admitted and which were denied, and if the charge...