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1. Burke Family Trust v Wellington City Council [pdf, 265 KB]

   ...Building Services" and Mr Witana's statement of evidence was that he was not personally contractually engaged but only worked as an employee of the company. The agreement does not show any reference to a limited liability company. In an affidavit sworn 23 March 2006 in this adjudication Mr Witana refers to himself as the builder of the dwelling and makes no reference whatever to Eastland Building Services. I do not find any evidence that either Mr & Mrs Salt were...

2. [2023] NZEmpC 99 Speed v Board of Trustees of Wellington Girls College [pdf, 254 KB]

   ...Trustees Wellington Girls College [2012] NZERA Wellington 79; Speed v Board of Trustees of Wellington Girls’ College [2012] NZERA Wellington 113. [46] The onus was on Mr Speed to establish that an order should be made. He filed a brief affidavit that was a vehicle to produce to the Court the letter of apology from the Teaching Council and its statement of his professional standing mentioned earlier. He provided an email from one person in the United Kingdom asking him for...

3. Taueki v Trustees of Horowhenua 11 (Lake) Part Reservation Trust (2013) 306 Aotea MB 175 (306 AOT 175) [pdf, 114 KB]

   ...the Nursery buildings in its schedule of fixed assets and depreciation as having a book value of $49, 559. [51] I heard directly from Mr Taueki when the matter first came before me in April 2013, and I also gave leave for Mr Taueki to speak to an affidavit that he had prepared when the hearing took place in May 2013. It was clear to me that Mr Taueki is a passionate advocate for the restoration of Lake Horowhenua and for the protection of the surrounding land. He is deeply committed...

4. TG v H Ltd [2019] NZDT 1338 (25 October 2019) [pdf, 304 KB]

   ...a $200 filing fee for an appeal. You can only appeal outside of 28 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, and 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 determination...

5. Suresh v Elizabeth [2019] NZIACDT 45 - Sanctions (3 July 2019) [pdf, 196 KB]

   ...upholding the complaint, it is contended that she was behind all the work undertaken by the unlicensed staff. According to Mr Logan, Ms Elizabeth vetted and advised on the content of all communications sent to the complainant. [47] There is no affidavit or statement from Ms Elizabeth in support of this contention. The email from the former staff member is brief and somewhat general. It is more about general practice within the company, rather than setting out the details of Ms...

6. Smith v Smith - Nuki o Te Hapū Tahawai ki Rataroa Whānau Trust [2019] Māori Appellate Court MB 110 (2019 APPEAL 110) [pdf, 332 KB]

   ...misunderstanding or any other form of impediment, then the election of replacement trustees for the whānau cannot be considered safe. 18 (1995) 18 Waikato Maniapoto Appellate MB 260 (18 APWM 260) 19 Affidavit of Shannon May Walker dated 14 November 2018 https://www.maorilandcourt.govt.nz/assets/Documents/Decisions/Walker-Section-1A-Parish-of-Katikati-1995-18-Waikato-Maniapoto-Appellate-MB-260-18-APWM-260-MAC.pdf 2019 Māori Appell...

7. UI Ltd & IC Ltd v JU Ltd & UT Ltd [2020] NZDT 1463 (14 July 2020) [pdf, 250 KB]

   ...$200 filing fee for an appeal. You can only appeal outside of 28 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 determination...

8. Scarborough v Kelly Services (NZ) Ltd (Application for Non-Publication Orders) [2015] NZHRRT 43 [pdf, 77 KB]

   ...employment was made by a third person (a team leader) due to production orders dropping. Two other temps working in the same team as Ms Scarborough also had their temporary assignments terminated on the same date for the same reason. [6] In his affidavit filed in support of the present application Mr McColl again emphasises that he never met or spoke to Ms Scarborough and her complaints are completely without foundation. His reasons for seeking an order prohibiting publication of his na...

9. [2021] NZEnvC 064 SKP Incorporated v Auckland Council [pdf, 1.3 MB]

   ...[2019) NZEnvC 141 at [60). 21 SKP I11c01porated v A11ck/and Co11111,i/ [2019] NZEnvC 141 at [64). 22 SKP I11co1porated v A11ckla11d Co1111cil [2019] NZEnvC 141 at [54). 23 SKP Inc01porated v A11ck/a11d Co1111cil [2019] NZEnvC 141 at [55). 9 affidavit evidence as part of its opposition to the application for discovery, which would not have been provided had discove1y not been sought. [30] Having considered the parties submissions, I agree with the Council and KPBL that an award of...

10. [2006] NZEmpC AC 34/06 NZ Engineering Printing & Manufacturing Union v ACI Operations NZ Ltd [pdf, 71 KB]

    ...defendant of employees being permitted to choose the days on which longstanding entitlements to alternative holidays were taken. Evidence in support of this argument was given by Mr Woodcock, the defendant’s human resources manager. He said in his affidavit that the additional cost to the defendant of employees predominantly taking holidays on those days which attracted higher rates of pay was very substantial. [57] In advancing his submissions, Mr Toogood acknowledged that he w...