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  1. Decision [2017] NZEnvC 57 (dated 20 April 2017) – Confidentiality Order [pdf, 331 KB]

    ...2017. \<;.~/, ('::~./ •... 44" , . ,,,,;:,,-" '''"'1'/' 'C"~~'~ __ .,(, ''',' "" . GOUFiI u' / 4 [5] The application is accompanied by the affidavit of Scott Willis in support, Project Manager for Blueskin Energy Limited, dated 31 March 2017. A supplementary affidavie was filed after the court expressed concern about the lack of information it had been given and at the same t...

  2. [2018] NZEnvC 247 Gisborne District Council v O'Connell & de Cent [pdf, 635 KB]

    ...[5] Patutahi is a small rural settlement approximately 15 km outside Gisborne City. The Property is one of eight residential properties situated at Seddon Street and is zoned General Residential in the District Plan. [6] The Council provided affidavits in support of its enforcement order application from seven witnesses. One of those witnesses was Mr S M Dobbie, a Monitoring and Compliance Officer employed by the Council. Mr Dobbie deposed that the Council had received at least 27...

  3. [2021] NZEnvC 105 Canterbury Regional Council v Hislop [pdf, 405 KB]

    ...of the Act against Warren Miller Hislop (‘the respondent’), the landowner of a 44.4642 hectare property at 122 Racecourse Road which has the legal description Lot 3 DP502943 (‘the Property’). [2] The application is supported by: (a) affidavit of Andrew Arps, Canterbury Regional Council Zone Manager Northern Zone, dated 9 July 2021; (b) affidavit of Stephen Howard, Canterbury Regional Council Monitoring and Compliance Officer for the Northern Zone, dated 13 July 2021;...

  4. [2010] NZEmpC 131 Rooney Earthmoving Ltd v McTague & Ors [pdf, 25 KB]

    ...that such disclosure is relevant on the basis of the pleadings as they now stand. The years over which such disclosure must be made was, however, the subject of considerable dispute and debate. [11] Ms Dalziel and Ms Costigan referred to an affidavit sworn by Mr Rooney in support of an application by the plaintiff for an urgent fixture. In paragraph 15 of that affidavit he refers to the amount he expected by way of sales per month to be achieved by the Ashburton Branch of the pl...

  5. [2019] NZEmpC 137 Independent Prosperity Ltd v Huang [pdf, 343 KB]

    ...injuriously by a stay. (d) The effect on third parties. (e) The novelty and importance of questions involved in the case. (f) The public interest in the proceeding. (g) The overall balance of convenience. [11] The application was supported by an affidavit from the company’s sole director and shareholder, Angela Churchill. Her affidavit stated the grounds for the application 8 Regulation 64(1) and (3). 9 New Zealand Cards Ltd...

  6. [2023] NZEnvC 213 Clutha District Council v Otago Regional Council [pdf, 219 KB]

    ...lodged an appeal against an abatement notice issued on 28 August 2023 by an enforcement officer of the Otago Regional Council.1 At the same time, the District Council made an application to stay parts of the abatement notice2 supported by the affidavit of Mr Steven Hill, Clutha District Council’s Chief Executive Officer.3 The abatement notice [2] The abatement notice relates to the Phoenix Dam, near Lawrence, Otago, which dates back to the 1860s. Concern as to the dam’s inte...

  7. Ahoy v Henare - Parengarenga 3G Ahu Whenua Trust (2015) 108 Taitokerau MB 66 (108 TTK 66) [pdf, 158 KB]

    ...a change of venue for the hearing of the Plaintiffs’ proceeding. The basis of the application is the allegation that death threats have been made against Mr Henare and his counsel, Simon Reeves. The application is supported by Mr Henare’s affidavit of 28 July 2015. The application is opposed by the Plaintiffs, who are represented by Peter Andrews. Stephanie Henry, the Second Named Fourth Defendant and Fifth Defendant, who is represented by Greg Presland, supports the applica...

  8. Twigley v New Zealand Law Society [2023] NZLCDT 28 (18 July 2023) [pdf, 148 KB]

    ...of a fit and proper person to again be entrusted with the responsibilities and privileges of a lawyer and as an officer of the court. We examine whether this is correct in the next section. Applicant’s evidence [15] Mr Twigley provided two affidavits in which he described, in considerable chronological detail, the course of his life, both personal and professional, and the events which he considered had led him into misconduct. [16] Character references and affidavits in suppor...

  9. Te Ohu Kaimoana Trustee Limited v Te Rununga Nui o Te Aupouri (2014) 78 Taitokerau MB 112 (78 TTK 112) [pdf, 159 KB]

    ...Te Rūnanga o Ngāi Takoto and Ngā Tāonga o Ngāi Takoto Trust. Mr Marsden spoke in support of Mr Andrew’s submissions and made the point that it was not a question of not wanting to deal 2 Affidavit of Diane Rachelle Brown, dated 26 September 2013, at Exhibit DB16. 3 Ibid, at Exhibit DB17. 4 Te Ture Whenua Māori Act 1993, s 26C. 5 Second memorandum of counsel for Te Ohu Kaimoana, dated 12 December 2013, at [4]. 6 Submiss...

  10. [2019] NZEnvC169 Kapiti Coast District Council [pdf, 3.3 MB]

    ...under the ODP) except in the very limited circumstances set out in sub-rules {a) and {b). Discussion [8] I am satisfied from the memorandum of counsel incorporated in the application document and from the information contained in Ms Foster's affidavit that the process whereby retail activity changed from being a non-complying activity under the ODP to a permitted activity {except in certain limited circumstances) under the PDP was unintentional and due to oversight, misinterp...