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1. [2022] NZEnvC 178 Lomai Properties Limited v Auckland Council [pdf, 698 KB]

   ...the agreement reached between the parties and providing analysis under s 32AA to justify the agreed changes to the PC61 provisions. Following this request, the parties filed a second joint memorandum dated 1 June 2022, which was supported by an affidavit from a planning consultant. [5] A Consent Determination (the Consent Determination),1 was issued on 7 June 2022. As recorded in the Consent Determination, the parties to the PC61 appeal reached agreement on all matters, except for t...

2. Wellington v MacDonald - Te Maika B4 Residue (2008) 129 Whangarei MB 258 (129 WH 258) [pdf, 6.1 MB]

   ...interest in the land. The Evidence of the Parties [49] The witnesses for Joseph were himself, Frank and Joseph's two daughters Tui Gibbons ("Tui") and Rebecca Wellington ("Rebecca")' Joseph also sought to rely on an affidavit of James Mackie who was not available to be questioned at the hearing. I declined to admit that evidence because it could not be tested and because it was oflimited relevance. For similar reasons I also declined to admit certain ev...

3. Welcome-Guide-Information-for-court-and-tribunal-interpreters-v5.docx [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...

4. AA v BK, BL & BM LCRO 264 / 2012 (25 July 2013) [pdf, 184 KB]

   ...were in [the same North Island city]. 15 [62] I place no more weight on this submission other than to acknowledge that the difference is marked and that Mr AA’s reaction is a legitimate response to the information ascertained from the affidavits filed by Mrs AA. [63] Having noted the significant disparity in the fees, Mr AA questioned why this should be. He makes several allegations as to the advice provided and as to why [Law Firm A]’s fees have been unnecessarily high....

5. [2024] NZEmpC 234 Bowen v National Australia Bank [pdf, 295 KB]

   ...filed a statement in reply to the claim. In addition, it applied to dismiss the claim. In April 2023, the third and fourth defendants (as respondents in the Authority) also sought to dismiss the claim. [12] On 9 May 2023, Ms Bowen filed an affidavit as part of her opposition to the applications to dismiss her claim. Some of the evidence included in that affidavit was the same as the evidence she unsuccessfully attempted to rely on in the BNZ litigation. Mr O’Brien, counsel f...

6. Taueki v Procter - Horowhenua 11 Lake Block (2020) 415 Aotea MB 1 (415 AOT 1) [pdf, 720 KB]

   ...whenua representatives with experience in a cultural context were present during the works to ensure that proper protocols would be followed in the event of an accidental find. 23 Affidavit of Associate Professor Jonathan Noel Procter sworn 4 March 2019, at [31] 415 Aotea MB 12 [32] Regarding consultation, Mr Sword argued that, although they do not require permission, they have consulted with the trust beneficiaries...

7. 2017 archive

   ...people very seriously and we are always looking for ways to enhance this. Recently we have had some additional information attached to legal aid applications and amendments to grant with content that we consider extremely sensitive. Court documents, affidavits and specialist reports detailing very specific case information can be upsetting or disturbing to read.  In almost all situations this additional information is not required by legal aid staff in assessing merits of the application o...

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8. [2022] NZEmpC 107 JKL v Stirling Andersen Ltd [pdf, 272 KB]

   ...order in these proceedings because they are a victim of family violence and because they are genuinely concerned about their physical and mental wellbeing if the person who abused them, B, were made aware of these proceedings. [44] In their affidavit, the plaintiff states that they are a victim of family violence and outlines the following details: (a) Several incidents occurred where the Police were involved. (b) B drove a car into a concrete wall at 120 kilometres per hour whil...

9. E v D [2019] NZIACDT 2 (30 January 2019) [pdf, 185 KB]

   ...complaint could not either be dismissed or upheld with no further action, Mr D would be given an opportunity to provide further medical evidence. This approach was not opposed by Ms Carr or Ms D. [76] Ms E was invited by the Tribunal to file affidavits and present submissions addressing certain issues set out in the Minute. In particular, she was requested to provide an evidential basis establishing that Mr D had instructions to evaluate the lodge business, or should have sought...

10. O Ltd v B Ltd [2023] NZDT 480 (21 September 2023) [pdf, 235 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...