Search Results

1. [2017] NZEnvC 142 Nelson City Council [pdf, 937 KB]

   ...Court for an order confirming a decision of the Council to stop part of a legal road at Brook Street, within the Brook Recreation Reserve, Nelson. The order is sought on the basis:: 1. That the orders sought are appropriate; 2. As set out in the affidavit of Alec John Louverdis; 3. As set out in the affidavit of Rachel Ellen Whitehead; 4. That the stopping of the road better enables the Council to manage the land within the road to be stopped with and as part of the adjoining loca...

2. [2011] NZEmpC 99 Broughton v Microsoft NZ Ltd [pdf, 77 KB]

   ...objection was taken later than the five days allowed for in the Regulations to do so and the defendant seeks leave to object out of time. That is permitted under s 221 of the Employment Relations Act 2000 and I formally grant leave. [10] On the affidavit evidence, the defendant has already gone a substantial way to satisfying this request for disclosure although I accept that it is too broad in some respects. That is because there are substantial numbers of Microsoft employees a...

3. Form 96 Notice of Defence [docx, 38 KB]

   ...or discharge a restraining order, you must use this form if you want to defend the application. When defending an application for a restraining order (or to vary/discharge a restraining order), in addition to form 96, you must also file and serve an affidavit in support of the defence. If you are the protected person who is a party to an application to vary or discharge a restraining order, you may apply to the court to keep your address confidential from the other parties to the proceeding....

4. [2022] NZEnvC 088 Silverpeaks Station Ltd v Dunedin City Council [pdf, 118 KB]

   ...agreement reached involves amendment to the western boundary of the Silverpeaks SNL at 262 Silver Peak Road, removing the SNL overlay from an area of land that is not considered to have high landscape values. [3] I have also read and considered the affidavits of Ms James and Mr Moore who have satisfied me that the amendment to the SNL bounda1y is appropriate and that granting the relief sought will not impact on the resolution of any other proceeding.1 Other relevant matters [4]...

5. [2014] NZEmpC 27 Booth v Big Kahuna Holdings Ltd Interlocutory [pdf, 52 KB]

   ...than might usually apply but, as Mr Oldfield acknowledged, the plaintiff was not prejudiced given the interim orders that have now been made. Following discussion orders were made that: a) The plaintiff is to file and serve a sworn copy of the affidavit already filed in support of the application for a stay no later than 4pm on Monday 24 February 2014; b) The defendant is to file and serve a notice of opposition and any affidavit/s in support by 4pm on 3 March 2014;...

6. [2009] NZEmpC WC 18/09 NZ Fire Service Commission v NZ Professional Firefighters Union and others [pdf, 13 KB]

   ...by members of the first defendant union is able to continue without the plaintiff having received 14 days notice so that it could put in place appropriate contingency plans. [3] The defendants have not had the opportunity to file any affidavits and only to be heard over the phone on a “Pickwickian” basis. [4] However, if the plaintiff is able to establish an arguable case, as the papers filed to date indicate, the balance of convenience favours the granting of inter...

7. [2021] NZEnvC 080 Invercargill City Council v Smith [pdf, 232 KB]

   ...plants on the property. (the Order) [4] The Order was served on Mr Smith (in person) on 28 October 2020 by placing the documents in the letterbox of Mr Smith’s place of residence.2 [5] The Council’s s315(2) RMA application was supported by affidavits of Jeremy Bond affirmed 19 October 2020 and 17 March 2021. [6] Mr Bond was initially an Environmental Compliance Officer3 employed by the Council, although by the time of the hearing before the court, he was Team Leader – C...

8. [2021] NZEmpC 124 National Union of Public Employees Inc v Chief Executive of Oranga Tamariki - Ministry for Children [pdf, 117 KB]

   ...and either the litigation will be resolved or at least issues that have to be concentrated on will be narrowed. [6] The last matter is the issue of non-publication. As I have just indicated the Court has power to order non-publication. In an affidavit of Janice Gemmell supporting NUPE’s application one young person was named who is the subject of a care and protection order made under the Oranga Tamariki Act 1989. It is also possible that other young people who are also the sub...

9. [2011] NZEmpC 133 Mason Engineers (NZ) Ltd v Hodgson [pdf, 41 KB]

   ...at 10 am in courtroom 8.01 in the District Court at 65-69 Albert St Auckland. [4] The defendant having taken no steps to defend the proceeding, and as I indicated in the judgment of 12 August 2011, the plaintiff may present its evidence by affidavit. The plaintiff’s affidavits should be filed and served by midday on Wednesday 9 November 2011. [5] The plaintiff has indicated that, at the hearing on 10 November 2011, it intends to seek an order authorising the disposal of the a...

10. [2011] NZEmpC 126 EBIIWU v Norske Skog Tasman Ltd [pdf, 67 KB]

    ...October 2011 INTERLOCUTORY JUDGMENT OF JUDGE B S TRAVIS [1] This chambers hearing was convened to deal with an application Mr Yukich filed on behalf of the plaintiff union seeking a direction from the Court allowing the plaintiff to produce affidavit evidence of historical bargaining over the issue of long service leave. The defendant opposed the request for leave to file further evidence because the matter, until this point, had proceeded on the basis of an agreed statement...