Search Results

1. [2022] NZEnvC 180 Waikato Regional Council v Pollock Farms (2011) Ltd [pdf, 242 KB]

   ...compliant within the Waikato Regional council rules that require all farm dairy effluent to be contained and directed to sealed storage for application to land. The total area that can be covered is 50 hectares. The application was supported by an affidavit of Stephen John Hudson affirmed on 23 August 2022. Mr Hudson deposes:2 I have reviewed the content of the Yardmaster report and am of the opinion that the respondents are now in compliance with the requirements of the enfo...

2. [2022] NZEmpC 121 Matajod v Crazy Horse Ltd [pdf, 41 KB]

   ...prejudice or hardship to the respondent and the significance of the issues raised by the proceedings both to the parties and more generally.1 [6] The delay in this case is brief, namely two days. The reasons for the delay are explained in an affidavit filed in support of the application by the defendant company’s 1 Almond v Read [2017] NZSC 80 [2017] 1 NZLR 801 at [38]. director, namely staff shortages leading to an inability to get away from the restaurant to af...

3. [2010] NZEmpC 75 EBIIWU & Anor v Carter Holt Harvey Ltd & Anor [pdf, 25 KB]

   ...the second plaintiffs who were then its employees. An amended statement of claim was filed a week later on 21 December 2009 including a fresh cause of action and reiterating the plaintiffs’ claim for urgent interlocutory relief in reliance on affidavits filed in support. The Court set down these applications for hearing on 23 December 2009 but they were withdrawn formally by notice on the morning of the scheduled hearing. The defendants’ counsel had been advised of th...

4. [2013] NZEmpC 111 Young v Board of Trustees of Aorere College [pdf, 102 KB]

   ...this regard Mr Bennett submitted that the Authority took into account incorrect information in determining the application and this “error” amounted to a miscarriage of justice. [12] As I understood it, the plaintiff is concerned that two affidavits were filed with the Authority for the purposes of the re-opening application, although the Authority member only referred to “an affidavit”, and the Authority member was 3 AC 7...

5. Brown v Deller [2010] NZWHT Auckland 27 [pdf, 88 KB]

   ...joinder to the proceeding of Mr Pilcher. Mr Pilcher was a director of Pilchers Waterproofing Limited which was the company involved with the remedial works undertaken at the concerned dwelling in 2004. [4] On 3 June 2010 Mr Pilcher swore an affidavit explaining his lack of a role as regards the concerned dwelling and this affidavit was in support of Mr Pilcher’s application for removal. On 17 June 2010 the third respondent consented to the removal of Mr Pilcher. On 12 July...

6. [2018] NZEnvC 054 Tasman District Council [pdf, 496 KB]

   ...through a First Schedule process; (vi) The possible consequences of a rush of applications for subdivision include undermining the objectives of Plan Change 60 and the TRMP, along with inefficiency; (vii) Such further grounds as deposed in the affidavit of Geoffrey Stephen Markham; (viii) Such further grounds as submitted in the Memorandum of Counsel for the Applicant. As noted in the reasons section, the application was accompanied by a detailed affidavit sworn by Mr G S Mark...

7. [2021] NZEnvC 058 The Tree Council (Auckland) Inc v Auckland Council & Zheng [pdf, 895 KB]

   ...include in Schedule 10 (the notable trees schedule) of the AUP the large pohutukawa tree situated at 8 Eglinton Avenue, Mt Eden, Auckland. This application is registered in the Court as ENV-2021-AKL-00048. [3] Both applications are supported by an affidavit of Mark Ronald Lockhart made on 29 April 2021. Mr Lockhart is a landscape architect with 27 years' experience and is a member of the board of the Tree Council. [4] The site at 8 Eglinton Ave is, according to the certificat...

8. Auckland Standards Committee 2 v Nguy [2021] NZLCDT 26 (21 October 2021) [pdf, 117 KB]

   ORDERS MADE PURSUANT TO S 240 OF THE LAWYERS AND CONVEYANCERS ACT 2006 FOR SUPPRESSION OF NAMES OF COMPLAINANTS, VICTIMS (INCLUDING BANK), NEW ZEALAND LAW SOCIETY EMPLOYEES AND CONTENTS OF MEDICAL AFFIDAVITS AS SPECIFIED IN PARAGRAPH [20] OF THIS DECISION. NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2021] NZLCDT 26 LCDT 005/21 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN AUCKLAND STANDARDS COMMITTEE 2 Applicant...

9. [2022] NZEmpC 104 SP Blinds Ltd v Hogan [pdf, 190 KB]

   ...content for the plaintiff’s application to be dealt with on the papers, the plaintiff wished to have a hearing in person. The Registrar was accordingly directed to set the matter down for a hearing via Audio Visual Link. In advance of the hearing, affidavits were filed, and counsel for the plaintiff filed written submissions. Framework for analysis [8] There is no dispute as to the principles applying to an application of this sort. They can be summarised as follows. [9] A ch...

10. [2023] NZEmpC 113 Snowling v Scott Technology Ltd [pdf, 195 KB]

    ...is necessary to set out some further background to the dispute to place into context the discussion that follows. The parties’ dispute in more detail [11] The following discussion is drawn from the determination and the parties’ untested affidavits. [12] Scott Technology is an automation and robotic company with overseas subsidiaries.7 Mr Snowling began working for the company in January 2000. He worked for its Chinese subsidiary between 2012 and 2016 and for its German...