Search Results

1. [2019] NZEnvC 161 Egmont Refuse and Recycling Limited v South Taranaki District Council [pdf, 14 MB]

   ...be resolved by consent. [5] The Court has received and considered the following in support of the order sought: (a) The joint memorandum of the parties dated 21 June 2019; (b) The consent memorandum of the parties dated 5 July 2019; (c) The affidavit of the Council's Planning Manager, Blair Sutherland dated 5 July 2019; and (d) The consent memorandum of the parties in support of the amended consent order dated 26 August 2019. Relevant Matters [6] No person has given not...

2. [2022] NZEnvC 143 Western Bay of Plenty District Council [pdf, 357 KB]

   ...payable under the new rules was reduced through the submissions and hearing process (where the public will have the opportunity to make any submissions on the proposed financial contribution rules). Evidence in support [4] The Council lodged an affidavit of Phillip Steven Martelli sworn on 18 July 2022 in support of its application. The affidavit addresses: (a) a summary of the The Council’s obligations, as a Tier 1 authority, in response to the Amendment Act; (b) an overvi...

3. [2023] NZEnvC 276 Danone Nutricia v Otago Regional Council [pdf, 485 KB]

   ...for the stay, it is presumed to have been made under s325(3A) of the Act as the application refers only to ss 325 and 325A(7). Nevertheless, various reasons for the stay (and the appeal) are explained in some detail in the application and in the affidavits filed in support thereof, in particular, the affidavits of Chuen Kiat Tan, Plant Director of Danone.1 Circumstances of the abatement notice [5] Danone owns and operates a plant that produces infant formula products 1 Dated 15 Novembe...

4. Director of Proceedings v Smith (Application for Final Non-Publication Orders) [2019] NZHRRT 32 [pdf, 695 KB]

   ...and her husband maintain close contact with friends, family and the [redacted] who [redacted]. [30.2.7] Her health as well as the health of her mother-in-law who is 90 years of age. [31] Orders are also sought preventing the disclosure of the affidavit evidence filed in support of the application, particularly those details which relate to the involvement of Mrs Smith and of her husband in overseas [redacted]. The evidence in support of the application [32] The essence of the appli...

5. Director of Proceedings v Brooks (Application for Final Non-Publication Orders) [2019] NZHRRT 33 [pdf, 1.6 MB]

   ...of Dr Brooks' name will adversely impact not only on himself but also on the three members of his family who are health practitioners, namely his wife and two daughters. Although Dr Brooks is the only member of his family who has provided an affidavit in support of the suppression application, the Tribunal has been provided with affidavits by third parties as well as letters of support. We reproduce here only the gist of the evidence. [32] Dr Brooks' wife is a nuclear medicine...

6. Jones v Wickliffe - Memorandum re CIV 2009-463-471 [2011] Māori Appellate Court MB 568 (2011 APPEAL 568) [pdf, 50 KB]

   ...the High Court record and absence of copies of documents (e.g. Wills) referred to in the record but not forwarded to this Court with the Statement of the Case. [4] Following a consent memorandum from counsel, the Court approved the filing of affidavit evidence and exchange of submissions prior to hearing. [5] By memorandum of counsel for the Plaintiff dated 4 August 2011, leave was sought for the deponents in the affidavits filed to be required to attend the hearing and be available...

7. [2018] NZEnvC 062 Car Distribution Group Ltd v Christchurch City Council [pdf, 745 KB]

   ...construct and operate a distribution and storage base for vehicles. [2] The appellant has now filed an application for early commencement of the resource consent under s 116 of the Resource Management Act dated 19 April 2018 and accompanying affidavit in support of Mr M Tibbs. Section 116 application [3] CDGL's application is made on the following grounds: ' (a) the appeal relates to operational conditions, namely hours of operation and access routes for light vehicles...

8. [2019] NZEmpC 27 Barbara Buckett & Assoc t/a Buckett Law v Farani [pdf, 206 KB]

   ...that are likely to bring the document to the notice of the person to be served; and (ii) that the document be treated as served on the happening of a specified event, or on the expiry of a specified time: … [3] It is clear, based on the affidavit evidence before the Court, that the difficulties the plaintiff has experienced with serving the statement of claim track earlier difficulties serving her in the context of the Authority proceedings. Those difficulties led the Autho...

9. [2020] NZEmpC 3 Canterbury Westland Kindergarten Assoc Inc v Barnes [pdf, 127 KB]

   ...of convenience; and the public interest in the proceedings. The overarching consideration is the interests of justice.3 [3] Ms Barnes opposes the application. It is said on her behalf that the assertions in the application and the supporting affidavit are baseless and speculative, although no affidavit evidence has been filed in support of the opposition despite an opportunity to do so. [4] I am not drawn to the Association’s argument that it would be logical to order a stay...

10. Waikato Bay of Plenty Standards Committee 2 v Stirling [2022] NZLCDT 52 (22 December 2022) [pdf, 67 KB]

    ...2 DECISION OF THE TRIBUNAL ON APPLICATION FOR INTERIM SUSPENSION [1] Mr Stirling was given short notice of this hearing. He applied unsuccessfully for an adjournment. The application required urgency because the affidavit evidence on Charge 1 establishes that Mr Stirling deceived his bank or misappropriated funds advanced for a purported settlement by diverting funds to his own use. His bank has suffered net loss in the order of $85,000 after the bank...