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1. [2015] NZEmpC 118 Nisha v LSG Sky Chefs New Zealand Ltd [pdf, 233 KB]

   ...convenient to address most of them. [22] The first three numbered interrogatories (in effect, seven, once sub-questions are taken into account) all address the question of who is funding the defendant’s defence of these proceedings. [23] In her affidavit (sworn on 23 June 2015) in support of the defendant’s objection, LSG’s Marie Park deposes to the defendant funding its defence of the proceedings itself. That would be sufficient to dispose of those interrogatories but th...

2. Warrington - Hopa Te Piki (2011) 2011 Chief Judge's MB 325 (2011 CJ 325) [pdf, 162 KB]

   ...Piki, dec‟d Appln for probate 2011 Chief Judge‟s MB 328 Patu Ranginui: applicant Mr Blenkhorn: I appear in support of the application Hone MacMillan: I appear for the next of kin Declaration that deceased died 6 August 1908. Affidavit by C F Phillips licenced interpreter one of attesting witnesses that he saw will executed on 5 August 1908 by Hopa Te Piki. Mr MacMillian: I admit will duly executed. Only question is what lands does will affect. Hopa had...

3. Xu v Tian [2018] NZIACDT 42 (26 October 2018) [pdf, 186 KB]

   ...on 7 and 14 February 2017. [37] There is a statement of reply from Ms Tian filed on 15 January 2016. Submissions dated 18 November 2016 and 28 February 2017 were received from Mr Jenkin on behalf of Ms Tian, with Ms Tian also providing an affidavit affirmed on 6 December 2016. In summary, Ms Tian accepts she has been negligent and breached the Code in certain respects, but denies being dishonest or misleading. ASSESSMENT [38] I will deal with each head of complaint in the or...

4. LCDT Annual Report 2023 [pdf, 471 KB]

   ...available promptly, even where a hearing is lengthy. Hearings vary in length from half a day to multiple days. Hearing time is kept to a minimum by the Tribunal’s practice of taking all evidence in chief “as read”, and directing that affidavits are filed well in advance of the hearing. This means that the hearing can proceed on the basis of cross-examination of witnesses, where required, questions from the Tribunal, and submissions from the parties. Page | 4 U...

5. Wilton TRI-2021-100-002 Procedural Order 4 [pdf, 230 KB]

   ...contends, Mr Wilton knew who was involved in the construction.18 15 Assessor report (23 July 2020) at [8.6], [9.2]–[9.3]. 16 Mr Wilton does not expressly deal with his personal involvement or knowledge of the actual construction in his affidavit (27 October 2021) filed in support of Wilton Joubert’s outstanding application for removal. He states that Wilton Joubert had no involvement with the cladding or non-structural design work. Its only involvement with design or buildin...

6. Vikashwarjeet v Devi [2014] NZIACDT 27 (17 March 2014) [pdf, 102 KB]

   ...should explain the allegations in the complaint with reference to her records and produce those records. Response to the interim decision [13] The adviser, through her counsel, responded to the interim decision. The response did not include any affidavits, or an application for an oral hearing. The response comprised submissions that contended: [13.1] The complainants failed to inform the adviser of the character issue; she could not have anticipated it. [13.2] Delay in filing the a...

7. [2017] NZEnvC 106 Wallace Group Limited v Auckland Council [pdf, 445 KB]

   ...public had, whether as a cross section of New Zealand, or as general public living in the Russell area. [2011] NZ RMA 300. [2013] NZ EnvC 8. 7 [29] Its Counsel submitted (and perhaps this was not controversial and therefore not needing proof by affidavit) that the Corporation manages a portfolio of approximately 27,900 dwellings in the Auckland region, providing housing to over 94,300 people, approximately six percent of the population of the region. Its tenants were said to be...

8. Auckland Standards Committee v Johnston [2013] NZLCDT 30 [pdf, 182 KB]

   ...investigation into the complaint, the Standards Committee required the Practitioner to furnish documentation in relation to the investigator. The Practitioner knowingly failed to do so. 42 The Standards Committee further relies upon grounds appearing in the affidavits of Stephanie McGregor and Stephen Howard Barter.

9. [2024] NZEnvC 269 CSI Property Limited v Selwyn District Council [pdf, 12 MB]

   ...amending the (now) Partially Operative District Plan (‘PODP’), as set out in Appendix 1. [6] In making this order the court has read and considered the appeal, the joint 3 memorandum of counsel in support of this consent order, and the affidavit of Elizabeth White dated 3 October 2024. Outcome [7] The court is making this order under s279(1) of the Act, such order being by consent, rather than representing a decision or determination on the merits pursuant to s297. The...

10. BS v KC & DC [2024] NZDT 489 (11 June 2024) [pdf, 243 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...