Search Results

1. Form 49 Application for Charging Order [docx, 56 KB]

   Guidance on Using the Application for Charging Order Template (Form 49 of the District Court Rules 2014) About the notice of application for charging order [bookmark: Purpose]A charging order is a form of enforcement that prevents a judgment debtor from disposing of the property charged until the judgment creditor has had the opportunity to seize or sell it for satisfaction of the judgment debt, or the debtor has otherwise paid the sum owing to the creditor. A charging order issued under this...

2. [2025] NZEmpC 2 Young v Port of Tauranga Ltd [pdf, 236 KB]

   ...AND PORT OF TAURANGA LIMITED Defendant Hearing: 9 – 11 September 2024 (Heard at Tauranga) Appearances: E Lambert and E Whittome, advocates for the plaintiff J Delaney and L Noland, counsel for the defendant Judgment: 17 January 2025 JUDGMENT OF JUDGE J C HOLDEN [1] Stuart Young challenges a determination of the Employment Relations Authority that concluded that his dismissal by Port of Tauranga Ltd was justified.1 Mr Young wa...

3. Form 50 Affidavit in Support of Application for Charging Order [docx, 37 KB]

   ...you wish to make an oath on religious text. Otherwise uses the terms, “solemnly and sincerely affirm” and “affirmed”. [bookmark: _Hlk85035353]In the District Court at Choose an item. No: number of proceeding [bookmark: _GoBack] Between name (judgment creditor) And name (judgment debtor) Note: if there are more than two parties involved, list their names, addresses and occupations in the format above. If there is a counterclaim, repeat the fields above for any counterclaim...

4. [2017] NZEmpC 1 Lyttelton Port Co v The Rail and Maritime Transport Union Inc (No.2) [pdf, 101 KB]

   ...Third Defendant Hearing: 6 January 2017 (by telephone) Appearances: R Towner, counsel for plaintiff G Davenport, counsel for first defendant L Ryder, counsel for second defendant G Ballara, counsel for third defendant Judgment: 6 January 2017 INTERLOCUTORY JUDGMENT (NO 2) OF JUDGE B A CORKILL [1] This judgment resolves two urgent applications which were made with regard to proposed picketing. These followed my judgment of 29 December 2016 whi...

5. [2025] NZEmpC 131 Maritime Union of New Zealand and Anor v Lyttelton Port Company Ltd [pdf, 183 KB]

   ...AND LYTTELTON PORT COMPANY LIMITED Respondent Hearing: 25 June 2025 (via audio visual link) Appearances: S Mitchell KC and A Drumm, counsel for the applicants R Wooders and Z Fong, counsel for the respondent Judgment: 1 July 2025 INTERLOCUTORY JUDGMENT OF JUDGE J C HOLDEN (Application for an interim injunction) [1] The Maritime Union of New Zealand and the Rail and Maritime Transport Union filed an application for an interim in...

6. [2025] NZEmpC 181 Mutonhori v Wairoa District Council [pdf, 141 KB]

   ...stay of proceedings BETWEEN SIMON MUTONHORI Plaintiff AND WAIROA DISTRICT COUNCIL Defendant Hearing: On the papers Appearances: S Mutonhori, plaintiff in person C McGuinness, counsel for the defendant Judgment: 19 August 2025 INTERLOCUTORY JUDGMENT (NO 2) OF JUDGE J C HOLDEN (Application for stay of proceedings) [1] As the successful party in the court, the Wairoa District Council has applied for costs.1 Simon Muton...

7. Form 5 Third Party Notice [docx, 56 KB]

   ...within the prescribed time – a. you will be treated as having admitted – i. the plaintiff’s claim against the defendant; and ii. the defendant’s right to the relief or remedy that the defendant claims against you; and iii. the validity of any judgment that may be given in the proceeding, whether by consent, default, or otherwise; and b. you will be bound by any judgment given, which may be enforced against you under the rules of court. Hearing of proceeding 5. The hearing of the...

8. Form 16 Affidavit of Service [docx, 40 KB]

   ...the Affidavit of Service Template (Form 16 of the District Court Rules 2014) About the affidavit of service [bookmark: Purpose]The affidavit of service (Form 16), is used to prove service of documents. It must be filed when a party is applying for judgment by default. How to use the template All the required fields are set out in the template on the following two pages. The sections that you have to fill out are marked with red text. The red text explains what you need to put in. These ar...

9. Shaw - Tauwhao Te Ngare (2005) 81 Tauranga MB 8 (81 T 8) [pdf, 3.7 MB]

   ...November 2004, with submissions in reply filed by the Respondent on 9 December 2004. The issues raised by this application focus on the validity and efficacy of the Roadway Order. Wharf Roadway 1976 Order Diagram "A" attached to this judgment shows the Shaw property. It also shows part of a roadway created in 1973 ("the 1973 roadway") which also runs through the Tauwhao Block. The line of the 1976 Order, as marked on the diagram attached to the application...

10. Reid v New Zealand Law Society [2023] NZLCDT 7 (24 March 2023) [pdf, 248 KB]

    ...workers); and Plumbers, Gasfitters, and Drainlayers Act 2006, s 36 (registered plumbers, gasfitters and drainlayers). 7 Layne, above, at [37] per Lady Arden. The history of the requirement of good character is discussed by Lord Sumption in the same judgment at [56]–[57]. Deborah L Rhode discusses the “extended historical lineage” of “moral character” as a professional requirement in “Moral Character as a Professional Credential” (1985) 94 Yale LJ 491 at 493–502. See also Ca...