Search Results

1. Environment Court - Fee waiver individual [pdf, 473 KB]

   ...interest Why do you think your proceeding concerns a matter of public interest? Give details of each issue or question of law. Explain why this is of significant interest to the public (or to a substantial section of the public). If required, attach an affidavit in support. Tell us what will happen if this application is declined If this application for the fee to be waived is refused, would you move forward with the proceeding? Yes. I would start or continue with the proceeding anyw...

2. [2007] NZEmpC AC 18/07 Kingi v Responsive Maintenance 2000 Ltd [pdf, 41 KB]

   ...refused to deal with the application to strike out on that day and instead adjourned it until today’s date. I indicated then to Ms Rush that if the defendant was to rely upon prejudice, at that point it had been insufficiently itemised in the affidavits in support of the application and that the delay would therefore give her the opportunity to file updated affidavits dealing with that aspect. Such an affidavit has been filed with the Court prior to today’s hearing from Mr Tau...

3. MacMillan v NZ Parole Board [2013] NZHRRT 3 [pdf, 61 KB]

   ...5pm on Friday 10 August 2012. [8.4] Any evidence and submissions by Mr MacMillan in opposition to the strike out application are to be filed and served by 5pm on Friday 7 September 2012. 6 … [21] The Tribunal subsequently received two affidavits by Mr AM Spierling in support of the application to strike out. The first annexes a redacted version of the order made by Judge DJ Carruthers on 26 June 2006. The second annexes an unredacted closed version of the order together with...

4. Boyce v Westpac New Zealand Ltd (Non-Party Discovery) [2015] NZHRRT 31 [pdf, 58 KB]

   ...may be or may have been in the control of 1 or more documents or a group of documents that the person would have had to discover if the person were a party to the proceeding. (2) The Judge may, on application, order the person— (a) to file an affidavit stating— (i) whether the documents are or have been in the person’s control; and (ii) if the documents have been but are no longer in the person’s control, the person’s best knowledge and belief as to when the documents cea...

5. Murphy - Estate of Lizzie Turner Tau [2013] Chief Judge's MB 48 (2013 CJ 48) [pdf, 564 KB]

   ...application. [7] At the close of proceedings I adjourned the application to allow Te Marie Apa Crofts the opportunity to receive a copy of the 27 September 2011 hearing minutes to respond to the minutes prior to my issuing a decision. [8] An affidavit dated 6 October 2011 was received from Te Marie Apa Crofts. This affidavit set out Te Marie Apa Crofts' view of the intention of Elizabeth Crofts. It did not deal specifically with the non-signing of the instruments of alienation...

6. LCRO 12/2018 NH and EW v TL and [KT Law] (17 February 2020) [pdf, 102 KB]

   ...was signed. [11] Understandably Mr NH wanted an explanation. The High Court agreed that those involved, including Mr TL, should explain. The executors instructed the firm to instruct Mr GN as counsel to assist them in that part of the process. Affidavit evidence was sworn and filed, and it is understood that Mr TL was subsequently instructed by 3 the executors to pay Mr [GN]’s fees of around $33,000 from estate funds, which Mr TL did. [12] The beneficiaries worked through...

7. Canterbury Westland Standards Committee v Horsley [2014] NZLCDT 9 [pdf, 147 KB]

   ...[4] The Tribunal thus amended the charge to plead Rule 5 more broadly and allowed an adjournment for the practitioner to call further evidence in order that he not be disadvantaged by such a late amendment. [5] The practitioner filed a further affidavit and although there was exception taken to one paragraph, no further cross-examination occurred because the matters had already been canvassed in the earlier cross-examination. 4 [6] On 18 February submissions were heard in r...

8. Wellington Standards Committee v Hall [2012] NZLCDT 7 [pdf, 117 KB]

   ...There was limited evidence before this Tribunal as to the experience of the trustees. Three of the trustees Messrs Clarke, Wall and Tahau are common to Hikuwai, Tauhara 15 and Tauhara 4A 2A. They are and were conflicted in their duties. The only affidavit evidence before the Tribunal from the trustees was from Mr Clarke and given his self evident conflict, his evidence is regarded with some caution. The Tribunal observes that even the most experienced trustees and directors of c...

9. Lam v The Real Estate Agents Authority NZREADT 15 [pdf, 211 KB]

   ...property. Her contention was that while she knew that he was a property investor she was unaware that he was also a property developer. The second respondent said that she did not know about the proposed development. Her case was supported by an affidavit from the owner of number 251 concerning the proposed development in which he stated that he had not passed information on the proposed development to the licensee. [9] The appellant’s contention on the present appeal has been t...

10. [2020] NZEnvC 020 Whangarei District Council v Sustainable Solvents Group Limited [pdf, 730 KB]

    ...in respect of a solvent recycling plant on grounds including that it is operating outside the terms and conditions of its resource consent and in a manner that poses significant risks to the environment. [2] The application was supported by four affidavits: i) Lee Thomas Bailey, a senior advisor on hazardous substances as the Environmental Protection Authority (EPA), sworn 24 February 2020; ii) Murray Allan McDonald, a manager of resource consents at the Whangarei District Council...