Search Results

1. [2018] NZEnvC 136 West Coast Regional Council v Westland District Council [pdf, 535 KB]

   ...the following applications, dated 7 August 2018: (i) to amend Order A(e) in the decision, changing the date for compliance from Friday 3 August 2018 to Tuesday 7 August 2018; (ii) for waiver (s 281(1)(a)(vi)) of the requirement to provide an affidavit as part of the application to change enforcement orders; (iii) for waiver (s 281(a)(iv)) of the requirement to provide notice as to the application and an affidavit as to service of the Regional Council. Application to further chan...

2. Vertongen v The Real Estate Agents Authority (CAC 413) & Dunlop [2018] NZREADT 26 [pdf, 119 KB]

   ...person Date of Decision: 16 July 2018 ____________________________________________________________________ DECISION OF THE TRIBUNAL ____________________________________________________________________ [1] Mr Vertongen has filed an affidavit sworn 31 May 2018. In that affidavit he elaborates on the various matters that he raised in his own defence when the complaint was being considered by the investigator for the Authority. It would appear that in accordance with th...

3. [2024] NZEnvC 042 Nelson City Council v Senk [pdf, 191 KB]

   ...(‘respondents’): (a) Irena Senk, 252 St Vincent Street, Nelson; and (b) Rex Newey, 252 St Vincent Street, Nelson; and (c) their personal representative, successors or assignees. (3) ‘Building’ means the building described in the 27 October 2023 affidavit of Naomi Olive Alderson that accompanied the application for orders and depicted in Exhibit C to that affidavit, and includes the extension as described in paragraph [12] of that affidavit. (4) the respondents are hereby...

4. Kooiman v CAC519, Rodgers, Clarke and Cudby [2019] NZREADT 11 [pdf, 287 KB]

   ...dissolution proceeding”).4 The dissolution proceeding has yet to be determined. [5] The licensees are all licensed salespersons. On the instructions of the solicitors for the applicants in the dissolution proceeding, the licensees have each sworn affidavits in relation to the property (Mr Cudby on 6 December 2017, Mr Rodgers on 7 December 2017, and Mr Clarke on 19 December 2017). These affidavits have been filed in the dissolution proceeding.

5. [2019] NZEnvC 149 Middleton Family Trust v Queenstown Lakes District Council [pdf, 12 MB]

   ...RMA. [6] On 29 August 2019 the court issued a decision3 striking out the Society's s274 notice on the basis that it had not filed further evidence to satisfy it of its standing under s274(1)(d) . The Society had in fact fi led a number of affidavits, as detailed below, together with submissions and evidence in support which, regrettably, had not been considered. 2 3 [2018] NZEnvC 220. [2018] NZEnvC 220 at [38] . [2019] NZEnvC 144. 3 Recall [7] Section 278 states...

6. LCRO 179/2019 HL v [Area] Standards Committee (30 April 2020) [pdf, 181 KB]

   ...Background [2] HL represented Mr A in proceedings before the Family Court. 2 [3] Those proceedings were conducted under the Care of Children Act 2004, and Oranga Tamariki Act 1989. [4] In the course of the proceedings, the Court considered affidavits filed by the parents which addressed the results of hair follicle tests that had been conducted. [5] Mr A’s tests indicated the presence of methamphetamine. It was Mr A’s view, that his hair may have been contaminated as a co...

7. [2020] NZEnvC 101 Southland District Council v Chartres & Otherspdf [pdf, 744 KB]

   ...commencing, any further indigenous vegetation clearance on the Station, where that clearance is not a permitted activity or authorised by resource consent. [4] The application is supported by a memorandum of counsel dated 29 June 2020 and the following affidavits: • of GA Davis (ecologist) dated 5 June 2020; • of M J Roy (planner) dated 22 June 2020. [5] The Council alleges that, despite endeavouring to work with Mr Chartres over the years, continued non-compliance and unlawful cl...

8. D Trust v IAG New Zealand Ltd & Max C & Max E & Orange H M & Orange H G & QBE [2019] CEIT-2019-0037 [pdf, 158 KB]

   ...with an application to deal with admissibility issues. That is not surprising because of the amount of money at stake and the complexity of the issues, but it is also to be expected because often a litigant in person will include material in an affidavit that should not properly be there. They do not appreciate the difference between submissions and evidence. They do not understand that the purpose of an affidavit is to put facts before the Court. Instead they tend to incorporate i...

9. [2019] NZEnvC 181 Horowhenua District Council v Chambers [pdf, 2.5 MB]

   ...the invoice is due, the Horowhenua District Council is entitled to register the debt as a charge on the title of land at 119 Hokio Beach Road, Levin, pursuant to the Land Transfer Act 2017. [3] The Council's application was accompanied by an affidavit in support from Mr S A Amos, a Compliance and Monitoring Officer employed by the Council. The application and Mr Amos' affidavit in support were served on Mr Chambers on Saturday 25 May 2019. Additionally, on instruction from...

10. [2018] NZEnvC 174 Smith v Young [pdf, 1.3 MB]

    ...personally; or (3) failing (2) , serve a copy on his solicitors or agents in relation to the RM175059. E: In relation to the application for enforcement orders (ENV-2018-CHC-191) I direct as follows: (a) any notice of opposition and supporting affidavits must be lodged and served by Wednesday 26 September 2018; and (b) any reply must be lodged and served by Friday 5 October 2018. F: Costs are reserved. REASONS Introduction [1 J Michael James Smith and Emily Katherine Smith...