Search Results

1. Ruapehu District Council - Ohura South A3E2C3B2A Block XIII Tuhua Survey District (2014) 321 Aotea MB 95 (321 AOT 95) [pdf, 123 KB]

   ...in the amount of $4,844.81 for unpaid rates on Ohura South A3E2C3B2A. The grounds set out in the application are that rates and penalties are owing on the land, the rates have been unpaid for over six months and for the reasons expressed in the affidavit of Erik Lei, an officer of the council, filed in support. [2] According to the Council to date no meaningful response from any of the owners has yet been received regarding either the payment of past rates or for any future arr...

2. [2019] NZEmpC 111 Ward v Concrete Structures (NZ) Ltd [pdf, 160 KB]

   ...applicant has a history of causing costs to be unnecessarily incurred and failing to meet the consequences of doing so. [3] The applicant’s primary submission is that no award of costs would be appropriate, because of the matters set out in an affidavit sworn by Mr Ward. The affidavit states that his previous representative filed the proceeding without Mr Ward’s knowledge or instruction. It is submitted that a nil award would sit comfortably with the Court’s broad disc...

3. [2020] NZEmpC 145 Horton v ST & CJ Bell Ltd [pdf, 196 KB]

   ...of a plaintiff to have access to the Court against the interests of the defendant.7 Analysis [12] This application fails at the first hurdle. Three reasons were given to support the application all contained in an extremely brief supporting affidavit. They were that a property search by Bell’s lawyers showed Mr Horton did not own any real estate, his income (if any) was unknown, and substantial costs had already been incurred. Bell disclosed that, to date, its costs were...

4. [2006] NZEmpC CC 10/06 Fonterra Brands (Tip Top) Ltd v Dillon [pdf, 26 KB]

   ...plaintiff has now applied to the Court for a stay of proceedings on the Authority’s determination pending the outcome of the challenge. The defendant opposes the grant of such a stay. [2] In support of the application, the plaintiff has filed an affidavit from Judith Ann Mair, the South Island operations manager for the plaintiff. For the defendant, Ms Stringleman has filed a detailed notice of opposition setting out her submissions. Ms Mills and Ms Stringleman are...

5. [2023] NZEnvC 077 Canterbury Regional Council [pdf, 192 KB]

   ...seeking clarification as to its statutory MCKEECH EC Seal 2 duty to enforce the provisions of the National Water Conservation (Rakaia River) Order 1988. [2] David Williams, a reporter for Newsroom, filed an application requesting access to the affidavits attached to the application for declaration.1 This application was granted on 10 March 2023 in decision [2023] NZEnvC 040. [3] Mr Williams filed a second application on 11 April 2023 requesting access to “all notices in su...

6. [2024] NZEnvC 104 Auckland Council v Li [pdf, 167 KB]

   ...Application is not given by 9 August 2024. B: Costs are reserved REASONS Introduction [1] On 29 April 2024 the Auckland Council (the Council) applied for enforcement orders against Ms Li (Respondent). The application was accompanied by an affidavit of Tjaart van Zyl, Acting Senior Investigator of the investigations team at the Council. [2] The enforcement orders are sought in relation to a property at 202 Albany Heights Road, Auckland, legally described as Lot 3 DP 95423 (Pro...

7. [2010] NZEmpC 19 Webb v NZ Tramways and Public Passenger Transport Employees Union Inc [pdf, 17 KB]

   ...advising that the defendant did not seek to be heard in relation to the application and would abide the decision of the Court. The defendant, however, noted that it did not accept the allegations contained in either the application or the affidavit of the plaintiff in support but did not want to incur further expense in relation to it. The defendant intends to defend the substantive proceedings. [3] Mr Carrucan in his submissions, observed that the determination of the...

8. [2022] NZEmpC 66 Solander Maritime Limited v Munro [pdf, 172 KB]

   ...of action are squarely within the jurisdiction of the employment institutions. That is sufficient for present purposes). [7] Second, a written and signed undertaking as to damages must be filed with the application, and evidence provided (via affidavits) of the applicant’s financial ability to meet an order for damages pursuant to the undertaking (an undertaking in the appropriate form, and supporting affidavit have been filed by the applicant). 2 High Court Rules 2016, rr 32....

9. [2011] NZEmpC 65 Zhou v Chief Executive of the Department of Labour [pdf, 62 KB]

   ...Judgment: 20 June 2011 INTERLOCUTORY JUDGMENT NO 3 OF CHIEF JUDGE GL COLGAN [1] In accordance with the second interlocutory judgment 1 in this proceeding, issued on 15 April 2011, the defendant and the Director have filed and served further affidavits particularising and explaining the defendant’s objections to producing, and have inspected by the plaintiff, relevant documents the disclosure of which is said would be injurious to the public interest.

10. [2022] NZEnvC 007 Canterbury Regional Council v MacLee Holdings Ltd [pdf, 142 KB]

    ...the Act against MacLee Holdings Limited. The location is 293 Manion Road, Rolleston which is a rural property of some 3.52 hectares owned by MacLee Holdings Ltd1 (“the property”). [2] The application for enforcement order was supported by affidavits from: (a) Joseph Leonard Cronin, Environment Canterbury Resource Management Investigator, dated 1 November 2021; and (b) Dr Lisa Caryn Scott, Environment Canterbury Groundwater Science Team Leader, dated 2 November 2021. [3] Th...