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1. [2019] NZEnvC 194 Auckland-Council v Imperial Homes Norwest Limited [pdf, 577 KB]

   ...is resolved in principle." [1 O] This decision deals with the applications for costs, by both parties. The application for enforcement orders [11] The relevant background to the application for enforcement orders was set out in the three affidavits filed in support of it. A summary of the relevant points follows. [12] The Council contended that Imperial Homes is a land developer and consent holder for a range of Special Housing Area developments including a development at this...

2. George Lancaster v The Real Estate Agents Authority (CAC 491), John Lantz & Stephanie Kelland [2017] NZREADT 77 [pdf, 209 KB]

   ...already been supplied to the CAC, REAA, READT is investigated in the proper method. 11. That witnesses be called for cross examination and to bring any relevant documents within their control. 12. That the Respondents file [their] replies in sworn affidavit form, and to reply to each and every point of the Applicants complaint, for completeness, and for the purposes of examination. Applicable principles [16] Pursuant to s 111(3) of the Act, an appeal against a Complaints Assessm...

3. [2020] NZEmpC 60 Noble v Ballooning Canterbury.com Ltd [pdf, 298 KB]

   ...of rule 5.44(1); and (c) in the case of a party referred to in subclause (1)(c), must state that the party’s intention is to act in person. (4) For the purpose of the proceeding, the change of representation takes effect on the filing of an affidavit proving service in accordance with subclause (1) and attaching and verifying a copy of the notice served. ... 5.41 Withdrawal of solicitor who has ceased to act for party (1) If the solicitor on the record for a party to a proc...

4. Defending a proceeding in the High Court

   ...stating the orders that are sought, the grounds on which the orders are sought, and the law or laws that the applicant is relying on. The document should also tell you when the hearing will happen. In most cases you will receive a copy of the applicant’s affidavit that supports the application. Documents To defend an originating application you will need to file the following documents: a notice of opposition an affidavit in support of the notice of opposition (unless the court directs that...

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5. Graham - Parish of Komakorau Lot 240B2 (2016) 124 Waikato Maniapoto MB 188 (124 WMN 188) [pdf, 183 KB]

   ...30 June 2016, with the applicants to file a memorandum by 4.00pm, 8 July 2016 addressing the issue of compliance. I also indicated that I intended to carry out a final site inspection after the memorandum was filed. 3 [5] On 8 July 2016 an affidavit was filed by one of the applicants, Mānia Ōrīwia Hope addressing the conditions I had imposed. On the same day the Court received an e-mail from Gudrun Jones, counsel for Waikato District Council responding to the entranceway iss...

6. C v H LCRO 49 / 2009 (27 May 2009) [pdf, 21 KB]

   ...been delivered with a covering letter from XXXX’s solicitors it is possible that the Court would have found that the notice was given “under the hand” of a person authorised by the landlord. However, representatives of the tenant stated in affidavits filed in the statutory demand proceedings that the notice had been given by Client C showing the valuer’s letter to a representative of the tenant. Client C later filed a further affidavit stating that he had handed the valuer�...

7. [2023] NZEmpC 67 Bennett v Goldie [pdf, 199 KB]

   ...order over Mr Bennett’s own health information or his identity. [5] Mr Bennett filed a challenge to the Authority’s determination. He also filed an application for urgency and an application for interim non-publication orders as well as an affidavit in support of those applications. [6] On 21 September 2022, in order to preserve Mr Bennett’s position, the Court made an interim non-publication order in respect of Mr Bennett’s name, pending further order of the Court....

8. [2016] NZEmpC 72 Eden Group Ltd v Jackson [pdf, 151 KB]

   ...deal with those items searched for and seized during the execution of the search order. They are conveniently summarised in para 6 of the memorandum to the Court of counsel for the applicant dated 9 June 2016 and in Ms Foster’s initial report/affidavit of 26 May 2016. 2 Eden Group Ltd v Jackson [2016] NZEmpC 60. 3 Eden Group Ltd v Jackson [2016] NZERA Auckland 175. [9] First are the documents referred to from (a)-(i), (...

9. SV v WT LCRO 21/2013 (26 August 2014) [pdf, 110 KB]

   ...acting as Mr GN’s instructing solicitor, and asked him to sign it. He accepts it is his signature on the invoice. 2 [4] When he responded to Mr SV’s complaint about the invoice, Mr WT provided NZLS with an email referring to an affidavit he had sworn on 29 May 2005 (the affidavit). On review Mr SV provided a copy of the affidavit, which confirmed that Mr WT was Mr GN’s instructing solicitor on instructions from Mr SV. Mr WT later sought to resile from that posi...

10. Singh v the Registrar of Immigration Advisers [2016] NZIACDT 25 (17 May 2016) [pdf, 140 KB]

    ...is an appeal against the Registrar’s decision not to refer a complaint to the Tribunal, because she considered it disclosed only trivial or inconsequential matters. [2] The appellant provided his grounds of appeal, the Registrar replied with an affidavit from her senior investigator, and Mr Singh replied with his affidavit. [3] The Tribunal has to decide whether the material now before it is sufficient to conclude it should hear the complaint. [4] The Tribunal has allowed the appeal...