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r 20(1)(b) Form G 7 Information sheet to accompany certain applications (including certain applications made without notice) at …………………………………… [place] T his information sheet accompanies for the following order(s): 1. ……………………………………….. 2. …...….……………………………… 3. ……………………………………….. 4. …...….…………………………...
...avoid the delay and expense of an application for non- party discovery, I suggested to counsel for the parties that if a written authority from the defendant’s solicitors to this effect could be sent to Mr Fairclough to be sent on with his formal request for the notes, it was likely that Ms Penn would supply these. [4] What appears to have happened, however, is that the defendant’s solicitors pre-empted that agreed strategy, wrote to Ms Penn, and were sent her notes. The defen...
...which will be in Wanganui and probably in the Maori Land Court there. The hearing will begin at 9.30 am on Monday 30 November and continue during that week for as long as may be needed. [8] The evidence-in-chief of all witnesses will be in the form of affidavits filed and served in the first instance. Additional copies of those affidavits in Microsoft Word electronic format should be provided to the Registrar to assist in the production of a contemporaneous transcript of the evide...
...plaintiff was represented by Mr Thompson. [2] Following a directions conference held on 17 October 2012, I issued a minute in which I said: [5] As in many cases where the plaintiff in a challenge was the respondent in the Authority, the standard form of pleadings required by the Employment Court Regulations 2000 does not give the Court a clear picture 1 [2012] NZERA Christchurch 127. of the parties’ positions. I therefore dir...
Before the Environment Court at Auckland ENV-2013-AKL-000174 In the Matter of the Resource Management Act 1991 And In the Matter of Notice of Motion under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a Marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf Memorandum on behalf of Waiheke Marinas Ltd Dated 22 May 2015 Richard Brabant/Jeremy Brabant Barris...
...relating to secondary schools either relating to fees or to treatment of the students. In two groups of cases disciplinary proceedings relating to exclusion and expulsion in secondary schools have been challenged. 10. In one case a seventh form international student lent a fellow countryman some money as he said he had lost his wallet. That fellow countryman was actually found with drugs on a drug check so both students were returned to their home country. No proper hearing t...
...contract and the Consumer Guarantees Act 1993 (the CGA). Decision [4] I find that ACC and ACD are entitled to have the remedial work carried out by another tradesman at ZYA’s expense. [5] ACC and ACD have presented evidence in the form of photos of the work completed by ZYA. These show tiles laid in an uneven manner. Based on these photos, I find on balance that the workmanship is unsatisfactory and has not been carried out with reasonable care and skill, to the poi...
...modification put forward by the applicant late in the main hearing in 2014, are to be found in the visual and landscape section of this decision. [3] The proceedings have not been with the Environment Court all that time. In mid-2013 the Applicant requested the Council under s87D to refer the application directly to the Environment Court for a first instance (and only) merits hearing. At the end of that year the Applicant filed a Notice of Motion with the Environment Court under s87G,...
...Summary of Facts. [4] The Joint Memorandum of Counsel is in the following terms: MAY IT PLEASE THE TRIBUNAL 1. The plaintiff and defendant have agreed upon a summary of facts, a signed copy of which is filed with this memorandum. 2. The plaintiff requests that the Tribunal exercise its jurisdiction in respect of the following matters: (a) declaration pursuant to s 54(1)(a) of the Health and Disability Commissioner Act 1994 (“the Act”) that the defendant has breached the Health...
...which can narrow points of difference and save hearing time (and costs). It is expected that all participants will take all reasonable steps to meet the date that has now been set. Unavailability is not a valid reason for a deferral to be made. Any requests to defer this Expert Witness Conference must be made in writing to the Registrar, giving reasons and be served upon all other participants to the proceedings. lRefer web site reference given below. Prior to the conference par...