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1. SN & FN v U Ltd [2022] NZDT 260 (21 December 2022) [pdf, 121 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working 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, then 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 determinat...

2. TD v SS & UU [2023) NZDT 318 (20 July 2023) [pdf, 124 KB]

   ...filing fee for an appeal. You can only appeal outside of 20 working 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, then 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 determinat...

3. Fenwick - Whakapoungakau 24 Block (2013) 82 Waiariki MB 202 (82 WAR 202) [pdf, 137 KB]

   ...fully entitled to do. 5 ... 3 Naera v Fenwick – Whakapoungakau 24 (2010) 15 Waiariki MB 279 (15 WAR 279). 4 Wall v Karaitiana - Tauhara Middle 15 (2007) 85 Taupō MB 225 (85 TPO 225) 5 Affidavit of Wahiao James Gray sworn 13 November 2009, at 101 82 Waiariki MB 207 [149] While I accept that Mrs Fenwick did not deliberately set out to benefit herself and her family, it was inappropriate for her to participate in the d...

4. [2011] NZEmpC 143 NZ Meat Workers & Related Trades Union Inc v CMP Rangitikei Ltd [pdf, 113 KB]

   ...opposition to the plaintiff’s application which it did. [3] This judgment does not determine substantively the rights and obligations of the parties and the lawfulness of the lockouts. It has been brought on for hearing urgently and evidence on affidavit alone has been considered by the Court. There has been no opportunity for any of the usual elements of a trial including the filing of a statement of defence, disclosure of the relevant documents between parties, cross- examina...

5. LCRO 46/2017 DL v SC (18 May 2017) [pdf, 138 KB]

   ...course of the Committee’s inquiry into Mr MP’s conduct. [29] The Committee’s point was that it could not fulfil its statutory function of inquiry without the fullest cooperation from Mr DL. 5 Affidavit of DL, 28 July 2016 at [2.23] and evidence of DL at review hearing. 6 Standards Committee decision at [15]. 7 [30] Mr DL takes issue with the way the Committee framed its inquiry of him, saying that led to him making com...

6. BORA Births, Deaths, Marriages, and Relationships Registration Bill [pdf, 249 KB]

   ...lesser process would impair the right less than the process established in the Bill. For example, an alternative process might entail an eligible person being assessed by a registered medical professional and that medical professional then providing an affidavit in support of the eligible person’s application, without a requirement for medical treatment. 36. The Family Court’s judgment in Re Michael provided a degree of certainty over the extent of medical treatment required to satis...

7. Phillips v The Trustees of Mohaka A4 Trust - Mohaka A4 [2010] 2010 Maori Appellate Court MB 425 (2010 APPEAL 425) [pdf, 81 KB]

   ...indemnity cost on the following basis: a) That the appeal was without merit; b) The grounds of appeal were irrelevant; c) The application to adduce further evidence significantly increased preparation and none of the material referred to in affidavits was “fresh”; d) The appellants have a history of interfering with the lawful occupation of the land and have in the past been subject to injunctive removal from the block; e) Baseless allegations were made against the Actin...

8. Shepherd v Popata – Konoti A No5 South 2B2 (2013) 57 Taitokerau MB 47 (57 TTK 47) [pdf, 347 KB]

   ...Hirschfeld who was unavailable due to a personal crisis. Mr Hirschfeld had taken instructions fi'om Waaka Popata who opposed the application. 57 Taitokerau MB 51 Notwithstanding the Comt's directions, Mr Hirschfeld did not file any affidavit evidence and Waaka Popata, who is in his late 80s, unwell and living in Auckland, did not appear at the hearing to give evidence. Instead, his nephew NOllnan Popata gave evidence on his behalf. [13] Norman Popata did not challenge...

9. [2014] NZEmpc 85 McCartney v Atlas Concrete Ltd and First Union [pdf, 107 KB]

   ...other aspects of his exchanges with the union at the time, none of these give rise to any breach of obligation. [25] Mr McCartney’s submissions on this point are contained in a lengthy handwritten “Notice of Opposition” (using a template affidavit form) and are not easy to follow, although I have attempted to do so reaching this decision. [24] Mr McCartney’s claims against the second defendant are also set out coherently in his amended statement of claim filed on 17 April 2...

10. Judge v Care Park New Zealand Ltd (Strike-Out Application) [2018] NZHRRT 14 [pdf, 326 KB]

    ...[2002] 2 AC 1 (HL), applied in New Zealand in Z v Dental Complaints Assessment Committee (2008) NZSC 55, [2009] 1 NZLR 1 at [63] and Chamberlains v Lai [2006] NZSC 70, [2007] 2 NZLR 7 at [62]. [15] A copy of the settlement agreement is annexed to the affidavit of Katrina Van de Ven, filed in support of Wintec’s strike out application. The “employment relationship problem” between Mr Judge and Wintec is described in the recitals to the agreement in the following terms: B. An emplo...