Search Results

1. [2020] NZEnvC 212 Dunedin City Council v Ross [pdf, 15 MB]

   ...Bathgate, a staff policy planner; Mr R A Ewans, a biodiversity advisor at the Council ; Mr P G Woods, an enforcement officer on its staff; and Ms H E Dempster employed by it as a Senior Planner/Monitoring and Compliance. Ms Dempster also made a reply affidavit and Mr Ewans made two. [15) Ms Dempster's primary affidavit exhibited a report by Dr S Rate, a principal ecologist at Wildland Consultants Limited, who was not called to give evidence. The latter feature attracted strong...

2. [2021] NZEnvC 023 Gibbston Vines Limited v Queenstown Lakes District Council [pdf, 6.1 MB]

   ...18. 6 2019 Decision at [1 56]. 7 2019 Decision at [198]. 5 [9] The 2019 Decision also identified a need for supplementary evidence to determine whether, and to what extent, the Site included valued Melanie Soils. In response, GVL produced affidavit evidence from Dr Reece Hill, a soils expert. His uncontested opinion, based on his review of soil and geological map information and his on-site soil assessment for Gibbston Valley and the Site, is that there are no :rvielanic Soil...

3. Legal aid final family consultation paper - 10 February 2012 [pdf, 816 KB]

   ...sexual abuse, drug/alcohol abuse, domestic violence (in non- domestic violence proceedings); Applications in respect of multiple children where circumstances are different; Multiple parties (more than two); and Multiple witnesses (and multiple affidavits required). Non-lawyer costs and agents’ fees Non-lawyer costs and agents’ fees would not be claimed as a disbursement (or otherwise) as these have been built into the fixed fees. There would be a revised list of disbursement...

4. Family legal aid fees - consultation paper [pdf, 816 KB]

   ...sexual abuse, drug/alcohol abuse, domestic violence (in non- domestic violence proceedings); Applications in respect of multiple children where circumstances are different; Multiple parties (more than two); and Multiple witnesses (and multiple affidavits required). Non-lawyer costs and agents’ fees Non-lawyer costs and agents’ fees would not be claimed as a disbursement (or otherwise) as these have been built into the fixed fees. There would be a revised list of disbursement...

5. [2019] NZEmpC 121 Shaw v Bay Of Plenty District Health Board [pdf, 544 KB]

   ...NZERA Auckland 322 (preliminary determination). 2 Shaw v Bay of Plenty District Health Board [2018] NZERA Auckland 390 (substantive determination). [6] Such an application was filed on 5 April 2019; the DHB opposes the application. Affidavits and submissions have also been filed by both parties. Overview of the parties’ cases [7] Ms Shaw’s application for leave outlines the circumstances arising from the Authority’s preliminary determination. It states she w...

6. Green v EIT [2020] NZHRRT 24 [pdf, 985 KB]

   ...[19] Delay [24] Further submissions [26] IPP 11 AND THE RESTRAINING ORDER APPLICATIONS [28] The application for the restraining order [28] The issue of the capacity in which the personal information was disclosed [31] Collection and use – the affidavits filed by Ms Gillett-Jackson in support of the restraining order application [33] Collection and use – the affidavit filed by Stephen Connell in support of the restraining order application [49] The claim that Ms Gillett-Jackson...

7. [2011] NZEmpC 109 Evolution E Business Limited v Smith [pdf, 229 KB]

   ...breaches of his duties of good faith and confidentiality. The principal allegation made against Mr Smith is that during the course of his employment he provided Evolution‟s former joint-venture partner, Transactor Technologies Ltd (TTL), with an affidavit which was used by TTL in litigation against Evolution. There were other allegations also which I will need to deal with in the body of this judgment. Mr Smith denies all the allegations made against him and claims that he prov...

8. [2021] NZEnvC 188 Hamilton City Council v Global Metal Solutions Limited [pdf, 253 KB]

   ...hours of operation of the shredder to delete Fridays if the Court is otherwise minded to grant the extension sought. The application for extension to the compliance date is opposed strongly by the Council. Both parties have filed detailed affidavits. Some of the witnesses have been cross examined on those affidavits. Two persons were not available; Mr McGregor, for the Council, who was excused on the basis he had a family bereavement and Mr Scott, a project manager from...

9. Shropshire v March LCRO 64 / 2010 (28 October 2010) [pdf, 100 KB]

   ...the Practitioner‟s intention was to attract more clients and she therefore had a personal interest in the outcome of the case which amounted to a conflict of interest. He also took exception to certain information that had been included in the affidavit of his former wife, that had been filed in the Court, in particular in relation to the way that the Applicant had structured his finances. The Applicant perceived that information had been put before the court had inappropriately...

10. [2021] NZEnvC 059 Coldicutt v Whitehall Fruitpackers Holdings Limited [pdf, 158 KB]

    ...Whitehall Fruitpackers Holdings Limited (Whitehall Fruitpackers), in relation to the erection of 6m high screens around the perimeter of its kiwifruit orchard at 714 Maungatautari Road, Cambridge. [2] The application was accompanied by: (a) an affidavit from one of the applicants, D Coldicutt, sworn 4 May 2021; and (b) a memorandum of counsel for the applicants, Mr Webb dated 4 May 2021. [3] The orders sought are as follows: 1. We David and Sue Coldicutt apply for the following in...