Search Results

1. 2022-02-11 ORC - MOC - in support of the provisions as agreed at mediation [pdf, 247 KB]

   ...Environment Court must:1 (a) apply clause 10(1) to (3) of Schedule 1 as if it were a local authority; (b) may exercise the powers under section 293; and (c) must apply sections 66 to 70, 77A, and 77D as if it were a regional council. 14 The Affidavit of Ms Dolina Lee dated 11 February 2022 includes a summary of the changes introduced by Chapter 7 of PC1 and a summary of submissions,2 and a table of recommended decisions on submissions3 to assist the Court in making a decisi...

2. [2012] NZEmpC 219 Matsuoka v LSG Sky Chefs NZ [pdf, 150 KB]

   ...Court and that it is not appropriate for Kensington Swan to be acting for both Mr Matsuoka and for Pacific. Pacific is not a party to the Employment Court proceedings. [8] In accordance with an agreed timetable, the parties exchanged memoranda, affidavits and summaries of submissions before the interlocutory hearing. LSG claims that a conflict of interest has arisen because Kensington Swan acted for Pacific in the High Court proceedings and now also acts for the plaintiff in the...

3. [2021] NZEmpC 214 McDonnell v The Board of Trustees of Te Manawa O Tuhoe Trust [pdf, 273 KB]

   ...threshold is overcome the merits of the case, so far as they are able to be ascertained at an interim stage, may be relevant in assessing the balance of convenience and overall interests of justice.9 [9] The evidence in this case has been provided by affidavits; one from Ms McDonnell and two in reply from Ngatai Rangihau, the Chairperson of the Trust. The application has been heard on the basis of this untested evidence. What happened [10] The Trust administers assets on beha...

4. [2007] NZEmpC CC 3/07 Peoples v Accident Compensation Corporation [pdf, 63 KB]

   ...not encourage stale appeals or come to the aid of appellants who are less than vigilant in the safekeeping of their own rights and interests. Reasons for delay [14] Evidence about the reasons for delay was contained in the final part of the affidavit sworn by Ms Peoples in support of her application. She said: 59. I represented myself at the Employment Relations Authority investigation, as a cost saving measure. I returned from Sydney for the hearing, and went back there imme...

5. Apostolakis v Public Trust (Strike-Out Application) [2018] NZHRRT 21 [pdf, 205 KB]

   ...Privacy Commissioner or are incomprehensible. The Minute issued on 31 October 2017 [7] To allow the challenge by the Public Trust to be meaningfully addressed the Chairperson by Minute dated 31 October 2017 directed that Mrs Apostolakis file a sworn affidavit providing particulars of the specific Principle 6 request relied on in these proceedings. The affidavit was required to exhibit the document said to contain the request. Mrs Apostolakis was also required to provide particulars of...

6. [2018] NZEnvC 191 East Harbour Environmental Association Incorporated v Hutt City Council [pdf, 1.3 MB]

   ...respective positions. 2 • The Council will need to reconsider all 21 submissions on PC36 and identify any other possible interested parties that may have an interest in this particular issue who should be consulted pursuant to s 293(1 )(a). Affidavit evidence to be provided in that regard. • Nothing in the minute should be taken as confirmation on the part of the Court that it is appropriate to exercise its powers under s 293. The Court also indicated that after the receip...

7. KD v WW LCRO 83 / 2011 (30 March 2012) [pdf, 119 KB]

   ...and that he was required to be in Court the following morning. He had made contact with a solicitor prior to that, but had not met with her at that stage. [16] WU then emailed Ms KD to advise her of these developments and forwarded her a draft affidavit which she had prepared on WV’s behalf. This provided a comprehensive picture of WV’s relationship with WT and the events which had occurred. WW, WV and WU had decided that they should support WR in opposing WT’s application,...

8. [2010] NZEmpC 123 Burtton & Browne v Talley's Group Ltd [pdf, 52 KB]

   ...were crew members on one of Talley’s ocean going fishing vessels who were dismissed summarily in May 2010 for illegal drug possession, illegal drug use, and illegal drug supply and for reasons of loss of trust and confidence. There is extensive affidavit evidence in support of and in opposition to, the plaintiffs’ applications for interim reinstatement in employment. They say that they were disadvantaged unjustifiably in their employment and, subsequently, dismissed unjustifia...

9. [2019] NZEnvC 199 SKP Incorporated v Auckland Council [pdf, 7.9 MB]

   ...Waiheke, changes in freight services at the Kennedy Point Port, reconstruction works on a boat ramp and wharf at Kennedy Point, changes in parking restrictions in the locality and new information from traffic counts on the adjoining access road. Affidavits were filed containing tentative early expressions of opinion about these things. (6) In a memorandum of counsel for the applicant on 27 August 2019, a description was offered of research undertaken by the applicant into these new...

10. [2018] NZEmpC 100 Elisara v Allianz NZ Ltd [pdf, 303 KB]

    ...Court may make a verification order if satisfied of the probable existence of the document or class of documents specified. [16] The Court must be satisfied that, in all of the circumstances before it, such an order is appropriate. Where an affidavit has been filed stating that disclosure has been completed, the Court will hesitate to look behind it. In the present case an affidavit was filed on behalf of the defendant shortly before the hearing. However, it falls short in prov...