Search Results

1. [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...

2. [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...

3. Watson v Accident Compensation Corporation (Weekly Compensation) [2024] NZACC 019 [pdf, 315 KB]

   ...earnings in the relevant year. (d) Given that position, the Corporation should have applied s 15(3) to determine an amount that represents reasonable remuneration for services provided as an employee to the company. [22] Mr Watson filed an affidavit stating that from 20 April to 18 July 2021 he worked for the company L & M as a shareholder-employee, working at least 40 hours per week, and that a reasonable income for someone working as a director of the company would be at lea...

4. [2013] NZEmpC 165 Matsuoka v LSG Sky Chefs NZ Ltd [pdf, 185 KB]

   ...represented at the hearing of the applications affecting them. The applications were set down for argument. PFC and PRI were given the opportunity, if they wished, to present their positions on the non- party disclosure applications by way of filing affidavits. Mr J K Goodall, counsel for the non-parties, filed a memorandum prior to the hearing on 9 July 2013 indicating that the non-parties would not be filing any affidavits nor appearing at the hearing and would abide the decisio...

5. Hoete v Faulkner - Motiti North C No 1 Block (2017) 136 Waikato Maniapoto MB 278 (136 WMN 278) [pdf, 302 KB]

   ...airstrip in the plan has been fraught with controversy. In those circumstances, counsel for the Faulkner whānau has submitted, in effect the Māori Land Court is being asked to intervene in a 33 Affidavit of Umuhuri Matehaere dated 25 August 2016– exhibit UM6. 34 Ibid. 35 Respondents’ bundle of documents ref 21. 136 Waikato Maniapoto MB 292 planning dispute which involves an interpretation of the plan and its rules w...

6. Welcome Guide Information for court and tribunal interpreters v4 [docx, 1.7 MB]

   ...interpreting below, and also defined some of the terms used in this guide. Adjourn/Adjournment – postponing a court hearing until a later date or time Adjudicator tenancy – tenancy tribunal hearings are heard by an impartial and independent adjudicator Affidavit – written statement sworn or affirmed before a person who has authority to administer an oath. Some of the evidence in a court case may be presented by an affidavit Appeal – when a party formally requests a higher court to re...

7. Otago Standards Committee v Saunderson-Warner [2013] NZLCDT 15 [pdf, 231 KB]

   ...regarded this as a problem. She told the office manager that she “was concerned that a debtor who was being pursued by our clients appeared to be a client of the firm, and that this was an actual or potential conflict of interest”. In her affidavit she went on to say that, while she did not feel able to interrupt the client meeting, as soon as she could she spoke with Ms Saunderson-Warner about the “problem that (she) had identified”. There was a discussion about the H’...

8. [2021] NZEmpC 167 UXK v Talent Propeller Ltd [pdf, 379 KB]

   ...when and who had breached it, and when she became aware of those problems. She was also to set out what steps she had taken to enforce the District Court order and if no steps had been taken, why. All asserted grounds were to be supported by affidavit evidence. The Authority also directed that no redacted documents were to be filed without leave. [29] Ms Fechney told the Court that this direction was satisfied by the subsequent filing of an affidavit from UXK, which appended an...

9. LCRO 211/2018 AB v CD (3 July 2019) [pdf, 256 KB]

   ...vendors’ counsel to arrange a defended hearing date in respect of the vendors’ application to remove [JJ]’s caveat, legal research and related attendances concerning tender of settlement, reviewing and advising Ms AB concerning the vendors’ affidavit in reply. [99] Although the assessor did not consider the 3.18 hours billed was unreasonable, she recommended a reduction of $100 to $1,650 plus GST and disbursements. [100] Those of the fee factors in r 9.1 in respect of which...

10. Wellington Standards Committee 2 v Mr K [2024] NZLCDT 18 (3 July 2024) [pdf, 322 KB]

    ...construction” was in line with the purposive approach taken in Deliu, Whata J disposed of the jurisdictional point in the Young appeal in these terms:14 [59] Returning to the present case, while Mr Young was acting for himself in preparing the affidavit of documents, he was, at that time, a practicing lawyer, albeit only for a few months. By omitting relevant documents, Mr Young failed to meet the standards expected of a competent lawyer. The purposes of the Act were therefore engag...