Search Results

1. [2020] NZEmpC 12 Cooper v Phoenix Publishing Ltd [pdf, 302 KB]

   ...set down as a formal proof because Phoenix Publishing had failed to take steps in the proceeding. Belatedly, on the morning of the hearing, the defendant applied for leave to defend the proceeding and supported that application with an affidavit from its Director, Bronwyn Rawson. Among the subjects addressed in Ms Rawson’s affidavit was a claim that the company had not been served with the proceeding. That claim meant the hearing could not proceed and it was adjourned....

2. Carroll v CAC 10034 & Scott & Archer [2012] NZREADT 59 [pdf, 21 KB]

   ...makes the following orders: 1. To be dealt with on the papers by Judge Barber. 2. The First Respondent to file and serve a bundle of the documents which were before the Committee by 13 February 2012. 3. The Appellants to file and serve sworn affidavits regarding the likely impact publication of the Committee’s determinations would have, and written submissions by 20 February 2012. 4. The First Respondent is to file and serve submissions, by 27 February 2012. 5. The...

3. D v O [2016] NZIACDT 59 (21 September 2016) [pdf, 132 KB]

   ...but the date is false and the complainant signed it on 30 August 2013, by which time Ms O had already done the work to prepare the application. Request for Ms O to respond [5] Pursuant to section 49(4)(a) the Tribunal requested that Ms O file an affidavit responding to the allegations. [6] Ms O filed an affidavit to the effect: [6.1] The complainant engaged Ms O to provide professional services, and signed the agreement to do so on 28 May 2013. She completed the other paperwork at th...

4. [2017] NZEnvC 143 Nelson City Council [pdf, 882 KB]

   ...be stopped, as notified, was initially 86m2 but has since been reduced to 73m2 . 2 [3] The period for filing objections to the road stopping expired on 4 August 2014 and seven objections were received by the Council. 1 [4] According to an affidavit in support of the road stopping proposal filed by Ms S D McAuley (an engineer and advisor in the Council's Asset Management Team) the matter was not "meaningfully progressed until November 2015."2 After discussions on...

5. [2021] NZEmpC 94 AlKazaz v Enterprise IT Ltd [pdf, 164 KB]

   ...relevant to his challenge. [5] The following directions are made: (a) Mr AlKazaz is to file and serve any application in relation to the company identity issue no later than 4 pm 30 August 2021. Any such application is to be accompanied by an affidavit/s in support; (b) Any response to the application is to be filed and served within a further 14 days; (c) The file is then to be referred to me by the Registry for timetable directions to progress the costs challenge. [6] F...

6. [2019] NZEnvC 132 Kapiti Coast District Council [pdf, 1.4 MB]

   ...raises any significant issues which mean it should come into effect other than as contemplated by Parliament when bringing in its current provisions as to when proposed rules take effect. In particular I am not satisfied from Mr Muspratt's affidavit dated 5 April 2019 that there is any substantial risk of a "goldrush" of applications which might defeat the intention of the Variation. I note from para 11 of Mr Muspratt's affidavit that the Council has received onl...

7. [2014] NZEmpC 230 D'Arcy-Smith v Natural Habitats Ltd [pdf, 94 KB]

   ...AND IN THE MATTER of a rehearing AND IN THE MATTER of a challenge to objection to disclosure of documents BETWEEN GRAHAM D'ARCY-SMITH Plaintiff AND NATURAL HABITATS LIMITED Defendant Hearing: By affidavit(s) and written submissions filed on 25 November and 4,8, 10 and 15 December 2014 Appearances: Plaintiff in person J Burley and K Lee, counsel for defendant Judgment: 16 December 2014 INTERLOCUTORY JUDGMENT...

8. ENVC-24 application for order obliging requiring authority or heritage protection authority to take land [docx, 23 KB]

   ...requirement): [give details]. The name of the requiring authority is: [give details]. The designation (or requirement) was placed on the land on [date]. The grounds for this application are: [give details]. *I attach the following documents: · (a)an affidavit that contains evidence in support of this application; and · (b)the names of the requiring authority and territorial authority served with a copy of this application. *These documents constitute part of this form and, as such, must be a...

9. [2024] NZEnvC 033 Yzendoorn v Hamilton City Council [pdf, 663 KB]

   ...ss 322(1)(a)(i) and (ii), and 322(1)(b)(i) RMA requiring the landowner to cease outdoor storage of the shipping container on the site and to remove it from the property by 22 September 2023. A notice of appeal against the abatement notice 1 Affidavit of David Martyn Yzendoorn, 27 September 2023, at [16]. 2 Parties and witnesses all had different ways of describing the shipping container: art installation or outdoor storage of a shipping container or modified shipping container. 3...

10. [2016] NZEmpC 116 Owen v Chief Executive of the Dept of Corrections [pdf, 72 KB]

    ...basis that it was one day out of time. 1 Owen v The Chief Executive of the Department of Corrections [2016] NZERA Auckland 253. [3] The current application was filed on 24 August 2016. An affidavit in support and draft statement of claim were filed the next day. I pause to note that while the application refers to an application for leave to file out of time, I treat it as an application for an order extending time pursua...