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1. Auckland Standards Committee v Van der Zanden [2014] NZLCDT 54 [pdf, 78 KB]

   ...3. Are there mitigating factors present? 4. Is suspension a necessary penalty in all the circumstances? 1. Seriousness of Conduct? [3] The starting point is the seriousness of the conduct. In our decision we described the first misleading affidavit sworn by Mr van der Zanden as “sloppy” which was not explained by inexperience alone. We described the second affidavit as “utterly reckless of him”. [4] However we did not find that the conduct was either intentionally misl...

2. [2017] NZEnvC 081 Auckland-Council v Lau [pdf, 151 KB]

   ...properties, and the overseas Respondents appear to have left decisions relating to the management of their properties in his hands. Evidence of Mr Lau's relationship with each of the properties and owners has been provided by the Council in the affidavit of Ms Whiteside dated 26 May 2017. [8] In these circumstances the Council seeks an order from this Court that the most effective means of service available consists of physical service on Mr Lau, notice to 4 the overseas Re...

3. [2021] NZEnvC 089 Peter Mawhinney (as a Trustee of Waitakere Forest Land Trust and Forest Trust) v Auckland Council [pdf, 235 KB]

   ...decision [2018] NZEnvC 015 on 14 February 2018. Application for access to court documents [2] On 28 April 2021 Mr Ron Law made an application for access to court file ENV-2017-AKL-090. In particular he seeks access to: P W Mawhinney 10th affidavit at Exhibit A, pp 172 to 174 [Environment Court (2015) document 61]. [3] The 10th affidavit of P W Mawhinney at Exhibit A was from a 2015 Environment court proceedings (ENV-2015-AKL-088), and was filed in the declaration proceeding...

4. [2016] NZEmpC 93 Radius Residential Care Ltd v NZ Nurses Organisation [pdf, 72 KB]

   ...causes of action where other remedies are sought, and even in the same proceeding. [5] As a result of the findings in the interlocutory judgment, Chief Judge Colgan directed: 3 (a) The first and second defendants (the unions) are to file an affidavit or affidavits including or annexing lists of their documents relevant to the proceedings. This is to be done within the next 14 days. (b) Each document or group of documents must contain a reference to its general nature, the da...

5. [2022] NZEnvC 233 Wellington Regional Council v Crosbie [pdf, 489 KB]

   ...First and Second Respondents should they fail to do so themselves and for all expenses incurred in doing so to be reimbursed by and/ or recovered against the First and Second Respondents. 4 [SJ The Council's application was supported by affidavits of: • James Calvin Luty, Senior Environmental Protection Officer for the Council (dated 6 August 2020 and 15 March 2021); • Claire Elaine Conwell, Associate Environmental Consultant (Water Resources) at Jacobs New Zealand Ltd...

6. [2019] NZEnvC 097 Wedd v Auckland Council [pdf, 1.2 MB]

   ...effect in the meantime. B: The Court also notes that the notice has been issued against an individual in relation to the breach of a condition by a company. C: The Court makes the following directions to hearing: a) Mr Wedd is to file any further affidavits in support of the appeal against Abatement notice by 24 June; b) Auckland Council is to file any reply affidavits by 19 July; c) Mr Wedd is to file any final affidavits in reply by 2 August; d) The matter is to be heard on or...

7. [2024] NZEnvC 062 Gisborne District Council v China Foresty Group New Zealand Company Limited [pdf, 267 KB]

   ...China Forestry Group and Yuxia Sun have advised that they will abide by the Court’s decision. [6] For the West Ho Forest Application: (a) Timbergrow Limited, Chiong Yong Tiong and Ernslaw One Limited object to the release of the evidence/affidavits filed on the grounds that evidence has only been provided by the Council at this stage of the proceeding and is untested; (b) they do not object to the application, name of the forest or the names of the Respondents being release...

8. [2018] NZEnvC 232 Tasman District Council [pdf, 3.4 MB]

   ...adjacent to the portion of road in contention. The Community has for many years sought to resolve a situation where a number of homes, which are owned and occupied by members of the 2 3 Shown as sections 1 and 2 on Title Plan S0487432. R A Cant affidavit dated 11 September 2018 exhibit RC-12 and RC-13. Minute dated 21 September 2018. 3 Community, were erected (at least 40 years ago) on the unformed, unnamed legal road. The public does not use the road because of the presen...

9. CAC 10063 v Rajneel Raj [2011] NZREADT 20 [pdf, 96 KB]

   ...financial benefit on the sale of the property. The charges also allege he forged signatures on both the agreements. These are very serious allegations. The details of the schemes apparently being run by Mr Raj and others are set out in full in the affidavit of Mr Gouverneur referred to below. [4] The CAC applies for an interim suspension of licence number 10000444 Rajneel Raj licensed salesperson pending the outcome of the hearing of the charges. 2 [5] The grounds on which t...

10. [2025] NZEmpC  20 VKU v PHZ  [pdf, 147 KB]

    ...his claim for unjustified action and associated remedies. [3] The plaintiff’s challenge was filed on 21 November 2023. As the defendant did not file a statement of defence, the plaintiff was advised by the registry of the Court to file an affidavit of service. The plaintiff failed to do so, despite repeated reminders. The Court subsequently directed the plaintiff to file an affidavit of service by 21 October 2024. However, there were further delays and the Court allowed the...