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1. NLT v Coetzee [2019] NZIACDT 81 (10 December 2019) [pdf, 144 KB]

   ...to convert to self-employment as soon as possible, which he did not want. The complainant sent supporting documents with his reply. [54] There is a memorandum from Mr Moses, counsel for Ms Coetzee, dated 9 May 2018. In support, there is an affidavit from Ms Coetzee, sworn on 1 May 2018. She admits wrongly advising the complainant that he could work as an independent contractor and obtain residence in due course. At the request of the Tribunal, Mr Moses made further submissions...

2. [2013] NZEmpC 188 Hook v Stream Group (NZ) Pty Ltd [pdf, 124 KB]

   ...out, it had been moderate (some might say lenient) in its response to earlier events, including having regard to the tenor of the internal emails Mr Hook had sent. Use of material from Facebook [27] Mr Reichel gave evidence by way of unchallenged affidavit that he undertook a search of Facebook following Mr Hook’s departure from the company. He says that the page was in the public domain and that he was readily able to access it as it was not protected by a privacy setting. Mr R...

3. Shin v Whangarei District Council [2011] NZWHT Auckland 14 [pdf, 159 KB]

   ...a date upon which they say the building contract was completed. They say that, although the house was „substantially complete‟ when possession was given and taken on about 16 December 1990, „building work continued into 1991‟. In his affidavit Mr Johnson says that items were finished by Mr Watson „during early 1991‟, after they had moved in. No details are given. There is, however, no suggestion that any of this post 16 December 1990 work was causative of the proble...

4. [2010] NZEmpC 148 Auckland DHB & 20 Other DHB Named in the attached Schedule v NZ Resident Doctors Assoc [pdf, 56 KB]

   ...[15] In this letter, Mr Prior used the term “DHB funding” rather than the term “financial parameters” used in the original statement. The significance of this difference became apparent to the RDA in June 2008 when Dr Powell read an affidavit by Mr Prior filed in the proceedings which were then before the Authority. What Mr Prior said was that, in addition to their general funding, the DHBs had received special funding from the government which was used to settle...

5. Unnikrishnan v Goldsmith [2017] NZIACDT 22 (29 September 2017) [pdf, 234 KB]

   ...financial position rather than simply assert it. It noted that she may have completed an Inland Revenue form providing particulars of her income, assets and liabilities and said that if she had not already done so, she should complete that form and an affidavit stating that its contents were true and correct. [19] Ms Goldsmith provided evidence that despite what she had previously said she had the resources to make a payment of more than $67,000 to Inland Revenue, which it had ac...

6. [2019] NZEnvC 094 Saville v Queenstown Lakes District Council [pdf, 3.2 MB]

   ...confirmed in North Canterbury Clay Target Association Incorporated v Waimakariri District Council, 36 a great deal of caution needs to be exercised when having regard to them, particularly those documents which pre-date Dome Valley. As always, 35 Affidavit of Craig Alan Barr sworn 19 March 2019. 36 [2014] NZHC 3021 at (18). 13 the task of the court on appeal is to interpret the text and not to rewrite it. 37 [38] Fundamentally, I agree with Mr Beatson: the District Council cannot...

7. Pepere - Tikitiki A23 (2001) 61 Ruatōria MB 150 (61 RUA 150) [pdf, 688 KB]

   ...appropriate for the Court to exercise its jurisdiction under section 133/93 in favour of the applicant given that the effect of such a decision would be that the GDC could not proceed with any sale application because of the effect of section 144(7)/88. No affidavit evidence was called on behalf of the GDC but Mr Mackey stated from the bar at 60 Ruatoria MB 47 that: "... the whole sale process that was initiated by the GDC in 1998 was voluntarily stopped by the GDC in an endeavor to...

8. IQ & WK v HK [2024] NZDT 134 (10 April 2024) [pdf, 222 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...

9. Milner v Milner - Estate of Warihi Te Keu Faenza Milner (2008) 83 Ruatoria MB 108 (83 RUA 108) [pdf, 2.8 MB]

   ...83 Ruatoria l\1B 110 Maori Land Court Hearings [4] Tllis application first came before the Maori Land Court on 5 July 2004. On that date, his Honour Deputy Chief Judge Isaac adjourned the application to allow the applicant time to consider the affidavit of Dr Hirini Mead that was flied just prior to the hearing. I [5] The next hearing was to be held on 1 September 2004. 2 However, on 25 Angust 2005 the former counsel for the applicant, Ms Rudland requested an adjoun1l11ent of th...

10. V Nair v Devi [2014] NZIACDT 31 (17 March 2014) [pdf, 214 KB]

    ...further submissions following the interim decision. When replying to the interim decision, she indicated that she still relied on that response in addition a further response. [13] Notwithstanding the interim decision, the adviser has not provided affidavit evidence or sought to have an oral hearing in which sworn evidence could be tested by cross-examination. The adviser has not provided a copy of her file; she says it is lost. In short, the adviser has denied the complaint but provided...