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1. Ngati Pahauwera Letter of Determination 23 August 2016 [pdf, 866 KB]

   ...and comparing them in “a culturally sensitive way” with that which was required at common law to establish title based on occupation. The Court firmly cautioned against assessing occupation only in terms of English law traditions and indicia 12 Affidavit of Kuki Green [1]; Affidavit of George Hawkins [10]; Affidavit of Wi Derek Huata King [12]; Affidavit of Marie Moses [3, 7-8]; Affidavit of Toro Waaka [66]; Affidavit of Toro Waaka on behalf of the Ngati Pahauwera Development and Tiaki...

2. Evidence - statements of fact made to the court

   ...person is giving evidence, they are allowed to make a statement of fact only. They are not allowed to offer opinions about what decision should be made. The parties must make their closing submissions based on the evidence presented. Find out more about: affidavits and affirmations examination of witnesses Affidavits and affirmations - written statements of fact Affidavits and affirmations are documents that contain information said to be true by the person who swears the affidavit or affirms...

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3. Evidence - statements of fact made to the court

   On this page: Affidavits – written statements of fact used as evidence Examination of witnesses – spoken statements of fact The New Zealand judicial system is adversarial. This means the Judge relies on at least two parties presenting opposing submissions and, where appropriate, evidence. Evidence is presented to the court when the parties do not agree on the facts relating to a proceeding. This can be done by a witness in person or by affidavit. When a person is giving evidence, they are...

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   4. Representing yourself in a civil case in the District Court

4. [2021] NZEmpC 16 Bowen v Bank of New Zealand [pdf, 184 KB]

   ...J C HOLDEN (Application to exclude evidence) [1] Ms Bowen has applied for special leave to remove her matter to the Employment Court, which is to be heard this coming Wednesday, 24 February 2021. In that context, the parties have filed affidavit evidence. The Bank of New Zealand (BNZ) now has applied for an order excluding certain evidence included in Ms Bowen’s affidavit in reply dated 11 December 2020. This judgment resolves that application. [2] The matter, curren...

5. Auckland Standards Committee v van der Zanden [2014] NZLCDT 21 [pdf, 79 KB]

   ...of video conference link. [4] The parties agreed a chronology which was submitted to the Tribunal and forms the basis of the brief background facts set out below. [5] The conduct under consideration is that of misleading the Court of Appeal in affidavits which effectively alleged prosecutorial misconduct and reneging on an arrangement prior to plea. This was a serious allegation to make and indeed was the only basis for the appeal. [6] There is no dispute that the Court of Appeal...

6. [2020] NZEnvC 179 Northland Regional Council v Glamuzina.pdf [pdf, 189 KB]

   ...sought in this application the Council has also issued abatement notices against Mr Glamuzina and South Road Waipu Limited on 3 September 2020 and issued infringement notices to South Road Waipu Limited on 16 September 2020 and 28 September 2020. See affidavit of Ms Rowan, at [23]-[25]. 4 Glamuzina is the sole Director and Shareholder of South Road Waipu Ltd. Orders sought [3] The Council’s application was made under ss 314(1)(a)(i), 314(1)(a)(ii), 314(1)(b)(i), 314(1)(b)...

7. LCRO 8/2020 PA v ZN (21 December 2022) [pdf, 306 KB]

   ...ZN had made about Mr PA. [3] The Committee found that Mr PA had breached rr 2 and 13.1 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (the Rules). 2 Specifically, that in 2016 and 2017 he had sworn two affidavits in proceedings which were inaccurate and could potentially have misled the court.1 [4] By way of penalty, the Committee censured Mr PA and ordered him to pay a fine of $7,500 together with costs of $2,500.2 Background [5] The C...

8. Applications-types-and-required-documents-Employment-Court.xlsx [xlsx, 30 KB]

   ...interlocutory applications Employment Court Other documents Court - case - filing type Case Type Filing Type Documents required Fee $ Applications related to ERA determinations Application for leave to extend time for filing a challenge Form 2A; Affidavit in support, copy of ERA determination N Amended application for leave to extend time for filing a challenge Form 2A amended, clear and marked-up copy N Statement of claim: challenge in respect of dismissal of frivolous or vexatiou...

9. [2021] NZEmpC 78 Alkazaz v Enterprise IT Ltd [pdf, 208 KB]

   ...time to file a challenge to a determination of the Employment Relations Authority AND IN THE MATTER of an application to exclude or strike out evidence AND IN THE MATTER of an application to cross-examine the maker of an affidavit BETWEEN AHMED ALKAZAZ Applicant AND ENTERPRISE IT LIMITED Respondent Hearing: On the papers Appearances: A AlKazaz, applicant in person R Bryant, counsel for respondent Judgment: 2...

10. Guo v PwC (Further Discovery) [2022] NZHRRT 6 [pdf, 309 KB]

    ...[7] BACKGROUND CIRCUMSTANCES [9] Discovery and the importance of relevance [14] Pleadings – the statement of claim [16] Pleadings – the statement of reply [18] THE APPLICATION FOR FURTHER DISCOVERY [20] The application [20] Ms Guo’s affidavit in support – “discovery incomplete” [21] THE NOTICE OF OPPOSITION BY PWC [26] The evidence filed by PwC [28] The affidavit sworn by Mr McCulloch on 16 October 2020 [29] The affidavit of documents sworn by Mr McCulloch on 2...