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1. [2017] NZEmpC 46 Davidson v Great Barrier Airlines Ltd [pdf, 104 KB]

   ...affects her. [3] In addition to the substantive proceedings, Ms Davidson applied to the Court for an interlocutory order staying execution of the costs award against her. Following directions from the Court, Ms Davidson subsequently filed an affidavit in support of her application and at a directions conference on 7 March 2017, it was agreed that the application could be dealt with on the papers. The defendant, by that stage, had filed a notice of opposition to Ms Davidson’s a...

2. Waikato Bay of Plenty Standards Committee 2 v Stirling [2022] NZLCDT 52 (22 December 2022) [pdf, 67 KB]

   ...2 DECISION OF THE TRIBUNAL ON APPLICATION FOR INTERIM SUSPENSION [1] Mr Stirling was given short notice of this hearing. He applied unsuccessfully for an adjournment. The application required urgency because the affidavit evidence on Charge 1 establishes that Mr Stirling deceived his bank or misappropriated funds advanced for a purported settlement by diverting funds to his own use. His bank has suffered net loss in the order of $85,000 after the bank...

3. [2022] NZEnvC 198 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 324 KB]

   ...s274 notice. Therefore, we record the Woodfields and the Trust as parties to the proceeding. Submissions to QLDC on the Proposal and QLDC’s response QLDC Principal Planner, Ms Grace recorded that, despite no submitter having filed expert affidavit evidence to support its position, many raised landscape related concerns. Ms Grace recorded her response to these concerns, informed by her discussions with landscape architect, Ms Helen Mellsop. Ms Mellsop is well 4 Summary re...

4. [2023] NZEnvC 036 Wellington City Council v Liffey Street Limited [pdf, 112 KB]

   ...Island Bay, \Vellington (tl1e site). LSL holds a resource consent allowing it to undertake residential development on the site (the resource consent) and Mr Vasist is LSL's site manager. [4] The application for the order was accompanied by an affidavit from Mr N Kumar, a Senior Compliance and Monitoring Officer at tl1e Council. Mr Kumar's affidavit referred to various conditions of the resource consent, particularly tl1ose relating to establishment of sediment control meas...

5. [2018] NZEmpC 27 Talbot Agriculture Ltd v Wate [pdf, 173 KB]

   ...[35]. (c) Mr Wate is a Solomon Islands citizen and the company was (at the time of the application) unaware if he was residing and working in New Zealand. [6] It took some time for Talbot Agriculture to support the application with an affidavit, but one from Jeremy Talbot was eventually filed on 23 February 2018. The grounds for this application for a stay have been explained in more detail by that evidence. [7] The company has sought a stay because it is concerned th...

6. [2006] NZEmpC WC 24/06 Weston v Fraser [pdf, 32 KB]

   ...Authority’s determination. [5] In June 2006, Mr Weston personally applied for a stay of proceedings to prevent further execution of the charging order before his challenge to the Authority’s determination can be heard by the Court. He filed two affidavits in support, one from himself, and the other from his partner, Marian Allen. He states that he was discharged from bankruptcy in 2002 having lost everything, that he is unable to obtain credit to borrow any further monies...

7. [2022] NZEnvC 066 Espin Holdings NZ Limited v Auckland Council [pdf, 209 KB]

   ...not required to be the same.) The application under s 116 of the Act On 25 February 2022, the Court also received a notice of motion from Espin NZ seeking orders for partial commencement of the resource consent pursuant to s 116 of the Act. Affidavits of Charles Maasdorp and Hamish Firth, as well as a memorandum of counsel dated 25 February 2022 were also filed. Espin NZ submits that the proposed order for the partial commencement of the Consent is appropriate for the following...

8. [2018] NZLCDT 14 Central Standards Committee 3 v Meyrick [pdf, 1.9 MB]

   ...Law Society about his compliance with fines and costs orders imposed by Standards Committees and the LCRO. There is an alternative charge of unsatisfactory conduct.2 [3] The respondent filed responses denying the charges. He did not file any affidavit evidence to support his denials of the charges. There was a direction that he do so seven days prior to the confirmed hearing date. He did not comply with that direction given at a teleconference on 2 October 2017 and again at a te...

9. [2016] NZEmpC 119 Initiative! Un Ltd v Rahman [pdf, 102 KB]

   ...meant it could not afford to write off as a loss the amount of money ordered to be paid in the determination (including costs) and would be materially harmed by being unable to obtain repayment. [6] That application was supported by a very brief affidavit from Peter Lochead confirming the essence of what had been said in the application. As to the company’s financial situation, Mr Lochead’s affidavit contains a very general statement that the company is in a state that it cou...

10. Hearing process

    ...court, under the control and direction of the Chair.  Parties to the proceedings are usually represented by counsel, although sometimes practitioners or employees/former employees represent themselves. Evidence, which is usually filed in advance by affidavit, will be considered at the hearing. The persons who completed affidavit evidence must attend if required and be available for cross-examination on statements they have made in their evidence. After all parties have completed giving, and be...

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