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1. Donaldson v Hemi - Whaanga 1D1D Roadway (2021) 230 Waikato Maniapoto MB 168 (230 WMN 168) [pdf, 3.9 MB]

   .............................................................................. [41] Ngā taunakitanga urupare a te Donaldsons – The Donaldsons’ evidence in reply ...................... [43] Ngā taunakitanga whakahou a Elliot Donaldson – Updated evidence - Elliott Donaldson’s affidavit of 5 November 2021 ..................................................................................................... [44] Ngā taunakitanga whakahou a Hohua Hemi – Updated evidence – Hohua H...

2. ENVC-36 notice of motion general [docx, 23 KB]

   ...Registrar Environment Court Auckland, Wellington, and Christchurch I, [full name], apply under [relevant statute and section] for [nature of order sought]. The grounds for the application are: [give details]. *I attach the following documents: (a) an affidavit in support of this application; and (b) a list of names and addresses of persons to be served with a copy of this notice. *These documents constitute part of this form and, as such, must be attached to both copies of the notice lodged...

3. [2013] NZEmpC 182 Hally Labels Ltd v Powell [pdf, 15 KB]

   ...for an order staying the proceedings until such time as the security for costs is paid into Court as ordered. [5] The plaintiff has filed a notice of opposition to the application for an order staying the proceedings accompanied by an unsworn affidavit in support. The notice of opposition and the unsworn affidavit contain matters, which appear to be an attempt to relitigate the earlier application for an order for security for costs upon which the consent orders were made. [6]...

4. ENVC-43 application for enforcement order or interim enforcement order [docx, 14 KB]

   ...(eg, street address)]. The name and address of the person against whom the order is sought is: [full name and address]. I apply for the order to be made on the following terms and conditions: [give details]. I attach the following documents:* (a) an affidavit in support of the application; and (b) a list of names and addresses of persons to be served with a copy of this application. [bookmark: DLM196603]*These documents constitute part of this form and, as such, must be attached to both copi...

5. [2022] NZEnvC 180 Waikato Regional Council v Pollock Farms (2011) Ltd [pdf, 242 KB]

   ...compliant within the Waikato Regional council rules that require all farm dairy effluent to be contained and directed to sealed storage for application to land. The total area that can be covered is 50 hectares. The application was supported by an affidavit of Stephen John Hudson affirmed on 23 August 2022. Mr Hudson deposes:2 I have reviewed the content of the Yardmaster report and am of the opinion that the respondents are now in compliance with the requirements of the enfo...

6. Queensell-Logan v Accident Compensation Corporation (Interlocutory application for orders for proposed witnesses to attend hearing in person) [2024] NZACC 099 (12 June 2024) [pdf, 240 KB]

   ...Chief Executive of the Accident Compensation Corporation, and Jo Hinds Brown, another senior employee of the Corporation, whose role includes housing modifications. [7] Timetable directions were made for the filing of a formal application and affidavit in support and for the respondent’s opposition. [8] The application was to identify the proposed witnesses, the relevance of their proposed evidence, how an affidavit or written brief of evidence would be obtained (given that the...

7. 2021-10-05 Record of Telephone Conference - PC1 [pdf, 187 KB]

   ...as agreement was reached at mediation. [4] As an agreement has been reached, I no longer require the applicant to be put to a formal proof hearing in relation to these provisions. I am satisfied this matter can be dealt with on the papers with affidavits filed, comprising of planning evidence, a s32AA analysis of the further changes agreed at mediation and a table of officer recommendations on the DS topic. [5] Ms de Latour, counsel for the applicant, confirmed that this aligns wi...

8. [2020] NZEmpC 3 Canterbury Westland Kindergarten Assoc Inc v Barnes [pdf, 127 KB]

   ...of convenience; and the public interest in the proceedings. The overarching consideration is the interests of justice.3 [3] Ms Barnes opposes the application. It is said on her behalf that the assertions in the application and the supporting affidavit are baseless and speculative, although no affidavit evidence has been filed in support of the opposition despite an opportunity to do so. [4] I am not drawn to the Association’s argument that it would be logical to order a stay...

9. [2017] NZEnvC 123 Dunedin City Council v Saddle Views Estate Ltd [pdf, 1.3 MB]

   ...is no undertaking as to damages provided by the Council because: (i) This application is made in Council's regulatory role in what it sees as the public interest, and not in pursuit of private interests. Annexure CJF-2 to Mr Fisher's affidavit. 5 (ii) This application is necessary to ensure new irreversible effects on the ridgeline are avoided until the landowners' rights to quarry the site are determined. [10] Two documents lodged in earlier proceedings between...

10. [2019] NZEmpC 27 Barbara Buckett & Assoc t/a Buckett Law v Farani [pdf, 206 KB]

    ...that are likely to bring the document to the notice of the person to be served; and (ii) that the document be treated as served on the happening of a specified event, or on the expiry of a specified time: … [3] It is clear, based on the affidavit evidence before the Court, that the difficulties the plaintiff has experienced with serving the statement of claim track earlier difficulties serving her in the context of the Authority proceedings. Those difficulties led the Autho...