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1. Pere - Matauri X Incorporation (2004) 101 Whangārei MB 73 (101 WH 73) [pdf, 1.1 MB]

   ...name. There is no record in the Court of a licence having been granted to Mane Pere and no evidence has been adduced from the Incorporation's records that any formal agreement had been entered into with Mane. (c) They claim that Ben's affidavit is incorrect when he says he is the sole licensee. Although his former wife may have assigned her interest to him, this has not been noted. They rely upon her interest still being on the Court's Memorial Schedule. A deed of assi...

2. LCRO 76/2013 OP v The Trust (21 July 2017) [pdf, 127 KB]

   ...for Ms LM without success. With the prospect of future employment by [XX], Ms LM instructed Mr OP to seek compensation for hurt and humiliation pursuant to s 123(1)(c) of the ERA rather than reimbursement pursuant to s 123(1)(b). [6] In his affidavit, Mr OP accepts that, in discussions with Mr SJ, he is likely to have said that the total compensation claimed would cover any loss of earnings. This comment was based on the disparity between Ms LM’s earnings from the Trust and w...

3. [2019] NZEnvC 048 Maehl v Lenihan [pdf, 269 KB]

   ...order is necessary because the thing done or to be done is or is likely to be noxious, dangerous. offensive or objectionable to such an extent that it has or is likely to have an adverse effect on the environment. [6] The applicants say. in an affidavit of Ms Charlesworth sworn on 22 May 2017, that there are cultural. ecological and scientific reasons for protecting the tree. They also say that they are seeking the reinstatement of the SEA notation on the Site and 4 are seekin...

4. About family violence and Protection Orders [pdf, 453 KB]

   ...Order? It’s free to apply for a Protection Order. You need to file an application with the nearest Family Court. You may find it helpful to get a lawyer or your local Community Law Centre to help you fill out the application form and write your affidavit (your statement that says why you need a Protection Order). You can get the application form, and guidance on how to complete it, from your local Family Court or from the Ministry of Justice website. 5 LEGAL AID If you need a...

5. Habib v Ali - Succession to George Habib (2021) 227 Taitokerau MB 206 (227 TTK 206) [pdf, 225 KB]

   ...whether she would consent to Azzam’s medical records being disclosed, she responded as follows:6 First of all, my medical records, I have not given them to Fay Lilian to present to this Court and second of all, as I have stated in my final affidavit, I am at peace with whatever the Court decides. So I am not going to put myself through this thing that I am already being put into, to prove about Azzam and all. So whatever the Court decides, I am at peace with it an...

6. ENV-2016-CHC-000071 Affirmation of Ms Jennifer Miller [pdf, 2.9 MB]

   ...District Plan, and the Council had not considered the indigenous vegetation clearance rules either. 16. From the reports and advice we received, we became aware of the high ecological values still present on Simons Pass station. This was confirmed by affidavit evidence prepared by witnesses for Forest & Bird and Mackenzie District Council. 17. We filed judicial review proceedings against Mackenzie District Council on 1 May 2012. The certificates of compliance were eventually par...

7. LCRO 67/2019 QN v WM and FR (8 August 2019) [pdf, 102 KB]

   ...purpose of the High Court proceedings. By 6 April 2019, Mr QN had disclosed that obtaining the lawyer’s evidence was his primary purpose, and that he also intended to incorporate “the outcome of the Law Society’s deliberations and findings” in affidavits to be filed in the High Court in relation to the two proceedings mentioned above. [5] Mr QN’s complaint to the NZLS was twofold. The first limb of his complaint was that the lawyers had sent documents to ZN’s lawyer with...

8. [2019] NZEmpC 189 McCook v Chief Executive of the Inland Revenue Department [pdf, 217 KB]

   ...that organisation needs completed from time to time. The plaintiffs seek a declaration, however, that the real employment relationship is between them and IR; and that Madison’s role is limited and as a recruiting agency only. [19] According to affidavit evidence placed before the Court, some information relating to the employment of the plaintiffs is held by Madison and not IR. The Court is told that Madison has been directly involved in arranging for the plaintiffs to work at...

9. Doria v Diamond Laser Medispa Taupo Ltd (Strike-Out Application) [2018] NZHRRT 50 [pdf, 236 KB]

   ...Doria’s claim against them on the ground that the Tribunal lacks jurisdiction to deal with it. On 6 July 3 2018, Ms Doria filed a notice of opposition. In accordance with a timetable set by the Tribunal, both parties subsequently filed affidavits and submissions. The jurisdiction to strike out – principles [12] In Mackrell v Universal College of Learning HC Palmerston North CIV-2005-485- 802, 17 August 2005 at [48], Wild J held that the Tribunal has a wide discretionary pow...

10. DD Ltd & MH Ltd v EJ Ltd [2017] NZDT 1558 (6 March 2017) [pdf, 120 KB]

    ...a $200 filing fee for an appeal. You can only appeal outside of 28 days if you have been granted an extension of time by a District Court Judge. To apply for an extension of time you must file an Interlocutory Application on Notice and a supporting affidavit, and serve it on the other parties. There is a fee for this application. District Court proceedings are more complex than Disputes Tribunal proceedings, and you may wish to seek legal advice. The District Court may, on determination...