Search Results

1. [2024] NZEnvC 286 Newsome v Auckland Council [pdf, 249 KB]

   ...were incurred prior to the proceeding being commenced in the Environment Court. However, the Court may award the costs arising directly out of the proceeding. This includes the costs connected with preparation of appeal documents and supporting affidavits. What is exempt are the costs associated with preliminary negotiations and dealings pre- dating the proceeding. These are not the appropriate subject of a costs award. (citations omitted) [43] The appellants warned that the Court...

2. Wiri v Tuuta-Rurehe - Lot 62 DP 7991 Ruapani Ki Waikaremoana (2024) 127 Tairawhiti MB 199 (127 TRW 199) [pdf, 282 KB]

   ...Act 2019. Those duties include the duty to know the terms of trust14 and to act in accordance with terms of trust.15 [17] It is also concerning that, to date, the current trustees have not formally responded to Dr Wiri’s application and the affidavits filed in support of his application. This is despite the Court offering the current trustees assistance from the Court’s special aid fund. [18] However, it has been some time since Dr Wiri’s original application and his par...

3. EZ & UC v HQ & LQ [2024] NZDT 424 (15 May 2024) [pdf, 171 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...

4. [2024] NZEmpC 231Aurecon New Zealand Limited v Dowlut [pdf, 251 KB]

   ...over 11 months with loss of employment forcing me into significant financial hardship with a need to rely on work and income benefits. I continued medical treatment at my own costs … [37] David Hughes, a transport leader of Aurecon who filed an affidavit in support of the company’s application, said that at the time of the investigation meeting in February 2024, Ms Dowlut advised the Authority Member that she was not working and that because of this, she was under significant fi...

5. [2024] NZEmpC 230 Pilgrim & Ors v The Attorney General & Ors [pdf, 237 KB]

   ...hearing N/A N/A 30 Submissions on evidence admissibility N/A N/A 32 Appearance at hearing regarding media site visit N/A N/A 28 Seeking orders to suppress witness identity B 0.6 TRIAL PREPARATION (employment status) 42 Preparation of briefs/affidavits C 5 43 Preparation of list of issues and common bundle C 4 45 Preparation for hearing C 4 46 Appearance at hearing N/A 25 47 Second counsel appearance for hearing N/A 12.5 30 Written submissions C 1.5 EMPLOYER IDENTITY 30 Wri...

6. [2012] NZEmpC 4 Haig v Edgewater Developers Ltd and Others [pdf, 127 KB]

   ...of the applications heard on 10 September 2010 or, alternatively, that the matters raised by his memorandum of 13 September 2010, be taken into account by the Court in deciding the questions already heard. That application was supported by an affidavit of Ms Currie, junior counsel for the plaintiff, who explained that because of his unfamiliarity with the Employment Court proceedings, Mr Billington was not as 4 [1968] NZLR 608. w...

7. Adlam v Niao - Matata Parish 39A 2A Ahu Whenua Trust [2018] Māori Appellate Court MB 478 (2018 APPEAL 478) [pdf, 277 KB]

   ...provided a complete, transparent and verified disclosure of her assets. There is a conspicuous lack of any evidence explaining what she has done with the very considerable profits she received. [43] Before Judge Coxhead Ms Adlam had submitted an affidavit in opposition to the charging order. She said that her land interests were small and did not generate any income, and she did not get a distribution or dividend from the land. Before us Ms Van argued that there was no evidence...

8. Hastie and Dredge TRI 2023-100-001 Procedural Order 6 [pdf, 232 KB]

   ...despite the delay. Submissions opposing removal [39] The claimants accept that the delay in bringing this proceeding has been inordinate. However, the claimants submit that the delay is excusable due to the events referred to in Mr Hastie’s affidavit having had a significant impact on the claimants. Those events include, among others: (a) the local authority failing the final inspection for the remedial works; (b) the Canterbury earthquakes causing further damage to the pr...

9. Mr X v CAC10026 & Mr C [2012] NZREADT 42 [pdf, 151 KB]

   ...commentary goes on to note that the essential elements of disciplinary action under rule 13.8 are that a 5 conflict of interest has arisen and that the full nature of the conflict has not been disclosed. 3.10 The appellant has filed affidavit evidence from persons with real estate industry knowledge and experience in support of his appeal, to the effect that property swaps were standard in the industry in 2006 and did not, in their view, represent a conflict. It is submit...

10. LCDT Annual Report 2022 [pdf, 435 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. Unless a lawyer has indicated in advance that he or she acknowledges the charges, penalty hearings are normally held separately from the liability hearing, so that the Tribunal has the...