Search Results

1. [2017] NZEnvC 064 Mitchell Family Trust v Point Trust [pdf, 262 KB]

   ...produced in reference to the affidavit evidence in support of the application; (c) the proceedings were not speculative given the allegations of breaches of s 16 of the Act, the resource consent and the Regional Plan that were set out in the affidavits; (d) the postponement of the proceedings occurred with the agreement of all parties and to allow for the proper consideration of the issues. The request to resolve the matter by mediation is something generally encouraged by the C...

2. [2021] NZEnvC 074 Greenarces Waiheke Limited v Auckland Council [pdf, 2.2 MB]

   ...compliance actions are required by 23 July 2021. (3] On 17 May 2021, Greenacres lodged with the Environment Court an appeal against, and an application to stay, the abatement notice numbered ABT21546073. The application for stay is supported by the affidavit of Ms Sylvia Kathleen Hubbard.1 Council position as to stay [4] The Council agreed to participate in mediation. The Council has agreed that a stay is appropriate while parties undertake a mediation of the issues. It sought tha...

3. [2021] NZEmpC 58 Martin v Solar Bright Ltd (in liq) [pdf, 223 KB]

   ...application for a rehearing. They are: 1. Miscarriage of Judgment 2. Conflict of Judgments between Court and [the Authority] 3. Solar Bright Ltd breaching Contract not being considered 4. Patent Law mis-understood … [6] In Mr Martin’s affidavit supporting the application for a rehearing he stated that material errors were made by the Court. Specifically, he took issue with how the Court dealt with the intellectual property in an invention known as DATAeye. [7] In su...

4. Land Valuation Tribunal COVID 19 Protocol All traffic lights [pdf, 172 KB]

   ...cleaning supplies or physical distancing with the site manager immediately. Filing of documents 12. All filing of documents should be by email. However, documents can also be filed by post. 13. The Tribunal will not generally accept unsworn affidavits, but may, in appropriate circumstances, direct that an affidavit that does not comply be accepted for filing and be read and used in a proceeding. Practitioners may find it helpful to refer to guidance issued by the New Zealand...

5. Land Valuation Tribunal COVID-19 Protocol All traffic lights [pdf, 172 KB]

   ...cleaning supplies or physical distancing with the site manager immediately. Filing of documents 12. All filing of documents should be by email. However, documents can also be filed by post. 13. The Tribunal will not generally accept unsworn affidavits, but may, in appropriate circumstances, direct that an affidavit that does not comply be accepted for filing and be read and used in a proceeding. Practitioners may find it helpful to refer to guidance issued by the New Zealand L...

6. [2022] NZEmpC 34 Henderson Travels Ltd v Kaur [pdf, 210 KB]

   ...cover her daily living expenses and stated the amount of her savings. Her job, savings and support from her brother and wider family were said to place her in a position to repay Henderson Travels if needed. Ms Kaur’s brother did not provide an affidavit confirming his ability and/or preparedness to provide this support. [20] On the evidence available, if the whole of the Authority’s determination was paid to Ms Kaur, and spent, she would not have the ability to rep...

7. Application for waiver (or refund) of fees for an individual [pdf, 322 KB]

   ...genuine public interest Will the proceeding clarify a ‘question of law’? 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 anyway....

8. LCRO 160/2016 ET v NE (23 May 2019) [pdf, 203 KB]

   ...occasions that the biggest hurdle facing the leave application lay in Mr ET having made multiple false declarations after the APEC card had expired; (c) pointed out to Mr OC that Mr ET had expressed the intention to abandon that practice in his affidavit, so his only hope of untroubled future travel lay in a successful appeal; and (d) had not overlooked any of the information provided by Mr ET, and where he saw insufficiency he had pointed that out. [36] As to fees Mr NE submits...

9. [2022] NZEmpC 183 Butt v Attorney-General [pdf, 372 KB]

   ...The phone call [53] Ms Wilson and Ms McKechnie had a one minute, six second phone call. They provide differing accounts of what was said. I turn to consider that issue. [54] Ms McKechnie’s accounts of the phone call are: 1 October 2021 (affidavit) I advised [Ms Wilson] that I had spoken to Ms van Wyk about arranging a meeting with the Butts in Kaitaia and that Ms van Wyk was agreeable to that. I also discussed with Ms Wilson the conversation I had had with Access about t...

10. Punjab Knoll Body Corporate v Wellington City Council & Ors [2014] NZWHT Auckland 9 [pdf, 93 KB]

    ...with by Rule 15.9. That rule provides that if the defendant does not file a statement of defence within the required time, then the proceedings must be listed for formal proof. The plaintiff must, before or at the formal proof hearing, file affidavit evidence establishing, to the Judge’s satisfaction, each cause of action relied on and, if damages are sought, providing sufficient information to enable the Judge to calculate and fix the damages (Rule 15.9(4)). [18] In Neuma...