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  1. [2014] NZEmpC 115 Atkinson v Phoenix Commercial Cleaners Ltd [pdf, 81 KB]

    ...Employee v An Employer. 3 I deal with the application on this basis. [2] The applicant’s application is opposed by the respondent. The parties agreed that the application could be dealt with on the papers and extensive written submissions and affidavits have been filed in support of their respective positions. 1 Atkinson v Phoenix Commercial Cleaners Ltd [2013] NZERA Auckland 569. 2 Applying New Zealand Air Line Pilots’ Associ...

  2. [2014] NZEmpC 176 ALLWAZE Designs Ltd v Cawthorne [pdf, 40 KB]

    ...Authority AND IN THE MATTER of an application for leave to file statement of defence out of time BETWEEN ALLWAZE DESIGNS LIMITED Plaintiff AND ALICE CAWTHORNE Defendant Hearing: (on the papers by way of affidavits and memoranda filed 22 August and 2 September 2014) Representation: F Wong, representative for the plaintiff S Govender, counsel for the defendant Judgment: 22 September 2014 INTERLOCUTORY JUDGMENT OF JUD...

  3. [2020] NZEmpC 211 Kim v Lion [pdf, 169 KB]

    ...proceeding was issued on 17 June 2020. [7] After the pleadings were closed, a telephone directions conference was held; both parties were represented by counsel. In order to mitigate ongoing costs, it was agreed that either party could file affidavit evidence, that there would be a submissions-only hearing with written submissions being filed in advance, and that counsel could speak to those submissions via Audio Visual Link (AVL) from remote locations. [8] Comprehensive submis...

  4. ENV-2016-CHC-000071 Affidavit of Ms Lisa Jenkins [pdf, 1.2 MB]

    ...ENV-2016-CHC-71 UNDER the Resource Management Act 1991 IN THE MATTER of an application for declarations under Part 12 of the Act BETWEEN ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED Applicant AND MACKENZIE DISTRICT COUNCIL Respondent AFFIDAVIT OF LISA JENKINS (NEE KISSELL) 9 December 2016 VVYNN WILLIAMS LAWYERS CHRISTCHURCH Solicitor: L F de Latour (lucy.delatour@wynnwilliams.co.nz) Canterbury Regional Council's Solicitor Level 5, Wynn Williams House 47 Here...

  5. Interviewing clients [pdf, 139 KB]

    ...charge to trial. Explain the difference between a judge-alone trial and a jury trial. Explain the possibility of seeking a sentence indication. Advise the client of their right to give and/or call relevant and admissible evidence in the form of affidavit, brief of evidence, oral evidence or some other form. If the client elects to plead not guilty, you should discuss, after having reviewed the disclosure, the strengths and weaknesses of the prosecution case, risks and benef...

  6. [2023] NZEnvC 202 Queenstown Park Limited v Queenstown Lakes District Council [pdf, 4 MB]

    ...out the agreement reached between the parties to resolve the appeal in its entirety by amending the mapping of the following wāhi tūpuna overlays: (a) 24 Kawarau River; and (b) 36 Kawarau (The Remarkables). [3] I have also read the unsigned affidavit of Mr Brian Fitzpatrick which details the proposed changes to the delineation of the two wāhi tūpuna overlays and how these relate to topographical features and property boundaries. That affidavit notes also the land tenure whe...

  7. After a Care or Protection Order has been made

    ...general affidavit if you want to give more detail: General affidavit [PDF, 198 KB]. You need to swear (or affirm) that what you say is true in front of a Justice of the Peace, a solicitor of the High Court or a court registrar. Find out more about affidavits and statutory declarations Include a New Zealand address on the forms if you want to be sent other documents relating to the case. File your application. It’s free of charge to do this. Find out more about how to file documents...

  8. [2013] NZEmpC 14 Dell v ABC01 Ltd (formerly Primary Heart Care Ltd) [pdf, 75 KB]

    ...seeks. [5] I am now satisfied that Mr Hinchcliff was served with the proceedings and also brought to his notice has been the Court’s requirement set out in the Minute of 1 February 2013 that he appear today to answer questions arising out of the affidavit filed by him after he was served with the proceedings. 2 [2012] NZERA Auckland 318. 3 [2...

  9. [2014] NZEmpC 216 Scarborough v Micron Security Products Ltd interlocutory [pdf, 72 KB]

    ...Court” dated 8 October 2014. The application refers to a number of sections in the Act relating to compliance, offences and general functions and powers of the Court. It is totally un-focussed. The application is accompanied by a rambling affidavit from Ms Scarborough. This repeats and adds to serious allegations, which Ms Scarborough had earlier made against the proprietors and a fellow employee of her employer. Chief Judge Colgan in his judgment described these assertions a...