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1. [2006] NZEmpC CC 11/06 Michael Pearcy Investments Ltd v Miller [pdf, 65 KB]

   ...in it. In mid March 2004, the plaintiff engaged a woman called Robyn Anderson to do clerical work on a part time basis. The remaining entries in the wage book relating to the defendant were made by Ms Anderson. I received by consent a brief affidavit from Ms Anderson confirming this but she qualified it by saying that she made the entries simply by copying the initial entry made by the defendant and that she never mentioned the wage book or the entries in it to Mr or Mrs Pearcy....

2. [2021] NZEnvC 184 Tasman District Council v Awaroa Aerodrome Ltd [pdf, 1 MB]

   ...contravention of rule 17.8.2.l(a)(ii) and 17.8.2.6 of the Tasman Resource Management Plan and section 9 of the Act; and c) that the Respondents' activities on the site have an adverse effect on the environment. [6J The application was supported by affidavits from: • Warren Roy Galbraith; • Jeremy Zachariah Butler; • Edna Irirangi Brownlee; • Geoffrey Hugh Trewavas; • Graeme Grant Goodall; • Geoffrey Alan Phillips . [7J Fifteen of the eighteen Respondents o...

3. LCRO 25/2016 RZ v LB [pdf, 229 KB]

   ...withdraw the proceedings in the meantime. (h) In his view, he could not withdraw the proceedings until, on 9 June 2015, he had Mr HD’s authority to do so. In any event, it had been in the interests of Mr RZ to file his notice of opposition and affidavit, and that served “further (to) inform Mr HD how he could proceed in the litigation”. Therefore, whether Mr LB contacted Mr RZ earlier or otherwise was an “irrelevant consideration”. (i) Costs should have been addresse...

4. Wanklyn - Estate of Ropata Wharetoetoe Rare (2004) 157 Gisborne MB 243 (157 GIS 243) [pdf, 2.7 MB]

   ...Hearing At the hearing held on 28 July 2003 at 155 GIS 255, the application for a rehearing was granted and previous orders were annulled as it was obvious the Court did not have all relevant information before it at the first hearing. I then heard affidavit evidence or comments from the following people: 1. Leoni Hodgson 2. Valarie Grace Wilkin 3. Edward Rare 4. David Rare 5. Sonja Rare 6. Robert Walford 7. Rebecca Walford Written letters or supporting documents were also receiv...

5. LCRO 62/2021 NR v JM (16 June 2022) [pdf, 198 KB]

   ...to creditors would certainly have caused her distress and uncertainty as to what recovery steps would be taken. The loss of dignity arose from having to borrow from family members to tide her over. 16 Form PR1 is the required form of an affidavit to be sworn by an executrix named in the will. 17 Mrs JM says she was unable to access Mr JM’s Kiwi Saver account, pay bills, and incurred bank interest on loans. She says she was financially embarrassed by having to borrow from fa...

6. GL v TT & LT [2022] NZDT 249 (7 December 2022) [pdf, 244 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...

7. [2021] NZACC 89 - Baanders v ACC (22 June 2021) [pdf, 292 KB]

   ...stabilized, as they do. P 27. I cannot support a diagnosis of central sensitization disorder in the absence of radiculopathy with a normal examination by Mr Mills. Mr Baanders’ submissions [30] At the appeal hearing Mr Baanders referred to his affidavit of 9 May 2021 along with the exhibits marked A to K. I have considered all of those documents. Mr Baanders explained how he fell from the ladder and tumbled back onto a protrusion sticking out from a wall which caused immense...

8. Allington v REAA & Anor [2014] NZREADT 6 [pdf, 128 KB]

   ...a very assured and confident witness but rather tense over this situation, if not uncomfortable, under cross-examination by Ms MacGibbon, However, she was very assertive under cross-examination by the appellant. 7 [28] By consent, an affidavit was filed by one of the vendors fully supportive of the process and conduct of the licensee. The vendors are close friends of the licensee. That line of evidence was repeated by the other vendor. The stance of the appellant [29]...

9. Legal aid consultation paper: new family legal support - September 2013 [pdf, 457 KB]

   ...leave to apply because of changed circumstances, or applications to file consent memoranda will not be able to access further funded legal assistance if they have already used it for the first application. New Family Court application and affidavit forms will have a standard format and aim to be easier for parties to understand and complete themselves. We believe that a person who has benefitted from legal support and assistance in their first application to the court should no...

10. RT v Earthquake Commission & IAG New Zealand Ltd [2023] CEIT 003 [pdf, 289 KB]

    ...be produced in these proceedings, and would be disclosed to Lumley”.10 Moreover, in subsequent proceedings the Court of Appeal allowed an application to adduce a memorandum signed in the High Court recording the terms of settlement, as well as affidavits by lawyers representing the parties to the settlement. The evidence explained that the settlement figures included $55,313 for costs. In allowing the application, the Court of Appeal was “satisfied that justice requires that the a...