Search Results

1. [2017] NZEnvC 153 Godfrey v Westland District Council [pdf, 679 KB]

   ...It should have been served on the respondent on or before 5 September 2017.1 [3] On 7 September 2017 the applicant lodged an application for waiver under s 281 (1) of the Resource Management Act 1991 ("the Act") and an accompanying affidavit of Holly Ann Brown in support. [4] Counsel for the appellants advised the late service of the appeal was due to an error.2 They mistakenly understood that all parties had to be served within five working days of date of filing the ap...

2. FIL v EQC [2023] CEIT 2022-007 Minute [pdf, 107 KB]

   ...have commenced if it appears to the court, at any stage of a proceeding, that a document or class of documents may be or may have been in the possession, custody or power of a person who is not a party to the proceedings. [3] I have reviewed the affidavit of FIL. The jurisdiction has been made out. [4] I am satisfied that documents regarding the various subfloor replacement work carried out to the Property are, may be or were in the possession, custody or control of ABCD. 2...

3. [2025] NZEmpC 8  Berryman v Fonterra Cooperative Group Limited [pdf, 155 KB]

   ...concerns, which include fairness, the interests of justice and avoiding unnecessary delay in bringing proceedings to a conclusion, apply with equal force in this Court.2 [7] The evidence that the plaintiff wishes to adduce at this late stage are four affidavits. The first two affidavits are from the plaintiff and Thomas Callesen, dated 21 November 2024. These affidavits relate to when the defendant ceased conducting rapid antigen testing at its workplaces, following the plaintiff�...

4. [2020] NZEnvC 206 O'Reilly v Cruice Farms Ltd [pdf, 1.5 MB]

   ...occupied building on Lot 2 be vacated, returned to its former use and not used for residential purposes prior to certification under s224(c) of the RMA.4 [5] The applicant and first respondent appear to have a history of run-ins, as traversed in the affidavit evidence, with trespass and harassment orders being issued against both parties. 5 2 3 4 5 Affidavit of G O'Reilly dated 14 August 2020 at (14]-[16], Annexure B. Pursuant to s164 of the Building Act 2004. Resour...

5. LCDT-form-A-charge-standards-committee-practitioner-employee-v2-Apr-23.pdf [pdf, 275 KB]

   ...Level 1, 41 Federal St Auckland 1010 www.justice.govt.nz/tribunals/lawyers-and-conveyancers-disciplinary-tribunal Page 3 For more information visit www.justice.govt.nz/tribunals/lawyers-and-conveyancers-disciplinary-tribunal LCDT 01/14 - A Part 4: Affidavit (please attach) These charges are supported by the evidence set out in the affidavit(s) below: Full name of deponent Date of Affidavit / / (day / month / year) Part 5: Address for service Address for service Nam...

6. LASDP - Application for a waiver of disqualification [pdf, 230 KB]

   ...• or the cancellation of a licence. To obtain a Waiver of Disqualification, you must satisfy the Licensing Authority that there are special reasons why you should not be disqualified. Your special reasons must be submitted in an affidavit. An affidavit is a written explanation of your reasons that must be signed under oath before someone who has the authority to administer oaths and declarations. For example a lawyer or a Justice of the Peace. Important info...

7. [2019] NZEmpC 79 Watts & Hughes Construction Ltd v De Buyzer [pdf, 202 KB]

   ...order is sought will outweigh the public interest in their being publicly named. [5] Here the application for non-publication is for several organisations and/or people. In fact, it is not clear, either from the application or from some of the affidavits, whether the non-publication is sought for the name of the individual swearing the affidavit, or the organisation that employs them, or both. Ms Mathieson, advocate for the plaintiff, says ideally the names of both the organisatio...

8. [2022] NZEmpC 84 Singh v Dhaliwal [pdf, 182 KB]

   ...statement of claim on 22 October 2021 seeking sanctions due to default on the part of the first and second defendants. [5] The Registry was advised by email that service had been effected on 30 October 2021. When no defence was received, an affidavit was filed purporting to confirm that a copy of the Authority’s determination, and the statement of claim, had been served on the first defendant at 6 Te Kahu Place, Takanini, Auckland. [6] Because there were defects in the affid...

9. [2013] NZEmpC 41 Coverall Cleaning Concepts NZ Ltd v Atkinson [pdf, 71 KB]

   ...comply with an ‘unless’ order and generally for non-prosecution of the challenge. [2] The plaintiff filed a statement of claim and an application for stay of execution of the Authority’s determination 1 in early January 2013. There was no affidavit filed to support the application for stay as is expected in cases such as this. [3] By a minute issued on 10 January 2013, I directed the plaintiff to file and serve a statement of claim which complied with reg 11 of the Employmen...

10. [2017] NZEnvC 185 Augustine Lau v Auckland Council [pdf, 134 KB]

    ...respect of its application for security for costs must be filed and served by 15 November Lau v Auckland Council 2 2016. B. Any response by Mr Lau to that application for costs must be filed and served by 22 November 2017. C. The two affidavits of Augustine Lau sworn on 31 October 2017 and on 6 November 2017 are not received by the Court as evidence in this proceeding Reasons Correction of decision on application for security for costs [1] In a decision in this proceed...