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1. [2014] NZEmpC 92 H v A Ltd [pdf, 263 KB]

   ...order should have been made by the Authority and I disagree with the reasoning and the decision of the majority of this Court to make such an order. The following are my reasons for diverging from the majority view. [31] The plaintiff has filed affidavits in support of the challenge. The defendant opposes the application, arguing that the threshold for non-publication has not been met in the circumstances of this case. The plaintiff contends that he is not obliged to point to e...

2. Balatbat v Sparks [2016] NZIACDT 27 [pdf, 254 KB]

   ...Registrar and understood the decisions later upholding the complaints against him and Ms Maerean had the effect of “endorsing and applying a view to the same effect that the [Immigration Advisers Authority] had communicated to me in 2011”. In his affidavit lodged with the Tribunal, Mr Sparks made those remarks with reference to how he should complete his declaration on visa applications. In cross-examination, he accepted that at the 2011 meeting where the Registrar addressed him...

3. [2019] NZREADT 53 - Nottingham & Ors (26 November 2019) [pdf, 274 KB]

   ...issued a ruling in relation to an application by the appellants for further evidence to be admitted at the hearing. The Tribunal gave leave for unsigned statements of evidence of Mr Honey and his wife to be admitted, but declined leave for an affidavit sworn by Mrs Honey and filed in relation to an application for name suppression, to be admitted. [7] On 7 November 2017, the appellants appealed against the Tribunal’s refusal to give leave for Mrs Honey’s affidavit to be admitte...

4. [2019] NZEnvC 154 NEIL Construction Limited v Auckland Council [pdf, 4.4 MB]

   ...held constant for a time period. ff"'.t-;;fi::tc~:>;;;_.,,.,. [42] Mr Bartlett argued that both of these fell within the broader meaning of "aircraft /:"1~t~--~-::i:,(''\\ operations". He drew support from the affidavit of Group Captain DJ Hunt, until recently ( , .. ..r,., ,' ,,.,, \ , ... \ IT\ ),'.'.: ,i?_. <°:./:\ ) •,,·} t {~{,' .'>_,/f!::ii~I --<fl!.1 r,,n 1x:n 'i• ,,,- 13 the airbase comma...

5. [2017] NZEmpC 40 XYZ v ABC [pdf, 271 KB]

   ...plaintiff to pursue a challenge. [2] A de novo challenge has been filed in respect of the Authority’s determination of these issues. An application for urgency was granted and the challenge came before me yesterday for hearing. Numerous affidavits and lengthy submissions were filed both in support of, and opposition to, the challenge. While there was a significant amount of evidence filed (much of which was of limited relevance to the matters at issue at this particul...

6. Toa'fa v Accident Compensation Corporation (Work Related Gradual Process Injury) [2023] NZACC 116 [pdf, 306 KB]

   ...alia, that an ulnar variance of 2 millimetres was clinically significant. [27] On 18 May 2022, Mr Boland re-affirmed his previous opinion and cited various medical research papers in support. 12 [28] On 18 August 2022, Mr Toa’fa provided an affidavit in support of his appeal. He stated that all of his work involved significant pronation of his wrist. He described the work he did and the accident on 26 June 2020, when he wrenched his right wrist backwards (he now knows that...

7. MSC v Scholes [2013] NZIACDT 58 (10 September 2013) [pdf, 239 KB]

   ...she personally met with the complainant and her mother; this was the first time they met in person. They agreed that the agreement that had already been signed would only apply if a student visa was approved. Following that her parents signed an “affidavit of support”, which said they would “support [the complainant’s] studies and stay in a foreign land”. The affidavit did not contain any specific reference to amounts of money to do that. [85] The complainant had paid PHP 25,00...

8. [2014] NZEmpC 92 H v A Limited [pdf, 263 KB]

   ...order should have been made by the Authority and I disagree with the reasoning and the decision of the majority of this Court to make such an order. The following are my reasons for diverging from the majority view. [31] The plaintiff has filed affidavits in support of the challenge. The defendant opposes the application, arguing that the threshold for non-publication has not been met in the circumstances of this case. The plaintiff contends that he is not obliged to point to e...

9. [2014] NZEmpC 60 Walker v Firth Industries [pdf, 185 KB]

   ...agreement. [90] As noted earlier, reinstatement must be subject to the condition that Mr Walker first establish by evidence that he is fully fit to resume his previous position as a driver at Firth’s Dunedin Plant. This must be done through affidavit evidence filed and served within 15 working days after the date of this decision. [91] Given the length of time for which Mr Walker has been away from the plant, I also impose two other conditions. Reinstatement shall take place o...

10. [2016] NZEmpC 39 Fox v Hereworth School Trust Board Costs [pdf, 281 KB]

    ...begin, most on papers filed but at least one in court in Wellington. [7] These interlocutory proceedings resulted in no fewer than seven preliminary judgments, each of which required the filing of one or more applications, memoranda, affidavits and submissions and, in at least one case, appearances before the Court. In addition to the seven days of hearing already mentioned, there were six East light volumes of documents totalling nearly 1,000 pages. Ten witnesses gave e...