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1. Mr D v REAA [2013] NZREADT 36 [pdf, 56 KB]

   ...making up the charge. However, it is also put that various media reports have led to speculation about the above situation which has attracted a community response very difficult for the applicant’s family to deal with. 3 [9] A number of affidavits in support of the application for non-publication have been filed with us. [10] A counsellor for the defendant and his wife expresses serious concern about the health and wellbeing of the defendant’s wife on account of past...

2. [2013] NZEmpC 225 Labour Inspector v Civic City Ltd [pdf, 77 KB]

   ...and information about significant transactions such as a sale of the assets of a company. [20] All of that information should be given to the Labour Inspector and to the Court and I think in the position now reached, this should be provided on affidavit to the Court. I should make clear that the sanctions for non-compliance with the orders that I am about to make may include a stay of the company’s challenges to the Authority’s determination, the summonsing of key personnel inc...

3. [2014] NZEmpC 94 Lund South Limited v Low [pdf, 75 KB]

   ...subject to a discovery issue being resolved. This change of position was taken as a result of the comments made by the Authority in its notice of direction. [10] Given that development, the Court timetabled the filing of a notice of opposition, an affidavit in support and memorandum from the defendant, and a reply memorandum from the plaintiff. These documents were duly filed. [11] The essence of the opposition to the plaintiff’s stay application by the defendant is: a) The...

4. EQ v VM LCRO 232 / 2010 (19 July 2011) [pdf, 88 KB]

   ...changed Doctors around the time that she made her Will, and all of the Doctors with whom she had contact around the time she made her Will, both in the hospital system and privately, were unable to be located. [9] It was then decided that an affidavit from the Respondent would be filed with the Application for Probate, but because the Public Trustee was not confident that the Court would accept this, the sum of $AU2,000.00 was required to be lodged with that office to meet the cos...

5. Kingsnorth v Crawford – Motuaruhe 5D Block (2018) 185 Waiariki MB 106 (185 WAR 106) [pdf, 377 KB]

   ...his bank account records from 1982 to the present date; and (b) Against non-parties, namely Westpac New Zealand and New Zealand Credit Union (Ōpōtiki Branch,) for the bank account records of Hariata Kingsnorth from 1996 to 2013. [6] An affidavit in support of the application was filed by Ata Armstrong, a beneficiary of the Hariata Kingsnorth Whānau Trust. The affidavit sets out the reasons for the application seeking discovery. [7] The applicant did not object to orders be...

6. [2018] NZEmpC 108 Butterfield v Alliance Group Ltd [pdf, 250 KB]

   ...has acted for Mr Butterfield throughout, initially had difficulty in making contact with Mr Butterfield about the application. Once contact was made, Mr Butterfield applied for an extension of time to file submissions and to allow time for an affidavit and evidence of Mr Butterfield’s financial position to be provided. [4] I granted an extension to allow Mr Butterfield to file and serve any submissions regarding costs and to provide any evidence by way of affidavit in support o...

7. [2020] NZEmpC 79 Kim v Smile Devon Ltd [pdf, 226 KB]

   ...example Borsboom v Preet PVT Ltd [2016] NZEmpC 168 at [25]; and A Labour Inspector of Ministry of Business, Innovation and Employment v Jeet Holdings Ltd [2019] NZEmpC 188 at [5]. Discussion Good arguable case [9] Ms Kim has filed an affidavit in support of her without notice application. It contains various assertions as to fact. The Court has not, of course, heard from SDL. My consideration of factual matters is necessarily provisional. I also rely on the fact that...

8. [2022] NZEmpC 26 Tupe v The Board of Trustees of Te Manawa O Tuhoe Trust [pdf, 192 KB]

   ...application. [6] As with the leave application, the Trust once again relies on the alleged lack of merit in Mr Tupe’s claim and suggests that he may be unable to meet an adverse award of costs. The basis for this belief is set out in Janet McLean’s affidavit on behalf of the Trust where she notes that she believes Mr Tupe is out of work, that he has been charged fees totalling more than $20,000 by Mr Austin, and that he has not demonstrated that he has any assets. Concern is a...

9. [2022] NZEnvC 032 Currie v Palmerston North City Council [pdf, 177 KB]

   ...is a New Zealand registered, limited liability company which was incorporated on 24 February 2009. Simone Carole Morrison has been the sole director of TFL since its formation and owns the Site through a family trust. [7] Ms Morrison filed an affidavit in these proceedings dated 16 February 2022 where she relevantly deposed: 3. Soul Friends is a trading name of one of the two businesses operated by Tolly Farm Ltd. The other is a kennel business which operated until recently unde...

10. Environment Court COVID 19 Protocol All traffic lights [pdf, 194 KB]

    ...Filing of documents 12. All filing of Court documents should be by email, or by File and Pay, if possible at https://www.courtsofnz.govt.nz/file-and-pay/. However, documents can also be filed by post. 13. The Court 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 Zeala...