Search Results

1. [2009] NZEmpC CC 10/09 Rooney Earthmoving Ltd v McTague and ors [pdf, 175 KB]

   ...would be the minor contract report. BMW’s minor contract reports were not provided to the plaintiff in the informal disclosure undertaken during the proceedings before the Authority. They were disclosed for the first time in a supplementary affidavit of documents, sworn by Mr Bartlett on 4 April 2008. [76] When the documents produced in the Authority and in the Court were compared, some major discrepancies appeared, which were put to Mr Bartlett in cross-examination. BMW qu...

2. [2024] NZEnvC 228 Ministry of Housing and Urban Development v Auckland Council [pdf, 1.3 MB]

   ...parties under s 274 of the RMA. No other s 274 parties have joined this appeal. Agreement reached [8] On 15 August 2024, the parties filed a draft consent order, together with a joint memorandum in support of the proposed order and a supporting affidavit from Elisabeth Laird, the Council’s planner. [9] The parties have agreed through direct discussions that, subject to the Court’s approval, the appeal can be disposed of by amending the wording of the new Policy 15A in the Co...

3. Matchitt v Butler - Matangareka 3B (2018) 189 Waiariki MB 74 (189 WAR 74) [pdf, 673 KB]

   ...2017, Mr Bidois sought to add to the list of the issues, an application by the trustees for a commission/allowance. No further submissions were provided by Mr Bidois on this issue. The issue of trustee payments is addressed in John Butler’s affidavit at [67] – [70], where he outlined why the trustees were under a mistaken belief that the Court had approved trustee payments. [22] The general principle of trustee remuneration is that trustees act gratuitously, the only exception...

4. Te Ohu Kaimoana Trustee Limited v Te Rūnanga nui o te Aupōuri - application under s 182(4) Māori Fisheries Act 2004 (2015) 102 Taitokerau MB 1 (102 TTK 1) [pdf, 314 KB]

   ...to conservation and 102 Taitokerau MB 19 management of a local fishery in a particular location. Judge Ambler’s reliance on contested Native Land Court determinations is seen as controversial. [64] Counsel for Ngāti Kuri filed an affidavit of Henri Jacques Burkhardt dated 21 October 2014. Mr Burkhardt is the current chair of the Ngāti Kuri Trust Board. Mr Burkhardt outlines the Ngāti Kuri rohe and explains the approach adopted by Te Aupōuri, Ngāi Takoto, Te Rarawa...

5. Darby Trust v Auckland Council & Ors [2013] NZWHT Auckland 1 [pdf, 283 KB]

   ...prefer the evidence of the other witnesses. [88] My views about Mr Allen’s credibility are supported by his conduct in signing the producer statement using (although misspelling) the name of the plasterer, Daryn McDonald. [89] In an affidavit he swore on 26 August 2011, Mr Allen referred to a producer statement “prepared by a plasterer.” That affidavit was in support of an application that he be removed from this claim. My reading of that affidavit is that he att...

6. [2011] NZEmpC 44 Matsuoka v LSG Sky Chefs NZ Ltd & SFWU [pdf, 245 KB]

   ...to decline to employ the plaintiff or justifiably dismiss him on grounds independent of subpart 1, are reserved for further consideration if necessary. Factual findings [7] The hearing proceeded by way of cross-examination of deponents of affidavits although not all the deponents were required for cross-examination and not all of their evidence was subjected to questioning. As Mr Towner submitted, the commentary to High Court Rule 9.73 states that where the evidence of deponents...

7. Cole v Realty Insight Limited [2012] NZWHT Auckland 25 [pdf, 259 KB]

   ...issue in this claim and has to be addressed by a close analysis of the nature of the legal advice given to the claimants by their own conveyancing solicitors. Those solicitors were not involved in the hearing and gave no evidence apart from an affidavit filed in support of their opposition to being joined to the proceedings.11 10 Mckeown Group Limited v Russell above n 5. 11 I conclude that affidavit is admissibl...

8. White v Potroz - Mohakatino Parininihi No 1c West 3A2 [2016] Māori Appellate Court MB 143 (2016 APPEAL 143) [pdf, 479 KB]

   ...material provided by the Potroz Family Trust. Mr Fisher and Mr White had no involvement in that process as they were unaware of the application. [8] By the time of the rehearing application hearing on 24 October 2014, the lower Court had received affidavit evidence from both parties. Mr Fisher and Mr White swore a joint affidavit dated 14 October 2014 in which they set out their connection to the land, their understanding of the history of the land, and various points challenging...

9. Practice Note 2023 [pdf, 301 KB]

   ...application on notice for a priority fixture 11 may be made, supported by: i. a memorandum setting out the reasons for the application, when the proceeding will be ready for hearing and the likely duration of the hearing; and ii. affidavit evidence which may be relevant to determining whether priority should be granted. (c) Relevant considerations in relation to an application for priority may include: i. why the proceeding should be heard in priority to other...

10. Adlam v Savage - Lot 39 A Sec. 2A Parish of Matatā and Lot 39 A Sec. 2B No.2B No.2A Parish of Matatā [2015] Māori Appellate Court MB 59 (2015 APPEAL 59) [pdf, 342 KB]

    ...agreement to lease the land on which the project was to be constructed. 10 Trustees of the Otonga Whānau Trust v The Trustee of the Matatā Parish 39A2A Ahu Whenua Trust, above n 5, at [23]. 11 Affidavit of Taryn Tauhei Tuari dated 18 August 2010, Exhibit “C” and “D”, ROA at 1765 to 1809. See also Bundle of Documents for the Applicant dated 25 September 2012, ROA at 4371 to 4394. 2015 Māori Appellate Court MB 67...