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1. [2020] NZEmpC 172 New Zealand Technology Group Hawkes Bay Ltd v Flashoff [pdf, 340 KB]

   ...2020. 2. It finds that the Applicant has a good arguable case on an accrued or prospective cause of action that is justiciable in the Employment Relations Authority. 3. It also finds that having regard to all the circumstances disclosed by affidavit evidence filed in support of the application, there is a danger that a determination against the First to Fifth Respondents in the Employment Relations Authority in favour of the Applicant will be wholly or partly unsatisfied, becaus...

2. LCRO 78/2020 NS v GL (29 June 2021) [pdf, 182 KB]

   ...decision that he would seek to have the Temporary Protection order set aside, that he would oppose the direction requiring him to attend anger management counselling (which he was adamant he did not need) and that he would oppose final orders being made. Affidavits and a notice of opposition were accordingly drafted and filed. [45] It is significant that the “detailed and appropriate advice” was provided after the temporary protection order had been obtained leading to the extensi...

3. LCRO 21/2019 IV v EC and HL (21 December 2020) [pdf, 216 KB]

   ...information barrier was established, with different members of the firm acting for Mr IV and the purchaser. They say both parties were informed the firm also acted for the other. … [24] The Committee also noted the evidence provided by Ms RG in an affidavit relating to the various matters raised by Mr IV in his complaints. Ms RG deposes that 5 At [16]. 6 See [11] above. 7 At [18]. 8 At [19]. 9 Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008....

4. Baker v Baker - Tarawera 5A (2012) 18 Takitimu MB 262 (18 TKT 262) [pdf, 137 KB]

   ...go through the correct procedure. d) Applications for injunctions under ss 19(1)(a) and 19(1)(b) must comply with the Māori Land Court Rules 1994, rule 81 of which states that the application 18 Tākitimu MB 269 must be supported by an affidavit or statutory declaration verifying the facts and setting out any circumstances that may require urgent consideration. There is no basis for an injunction because: i. Nigel Baker and his direct antecedents have cared for the urupā...

5. Holmes v Commissioner of Police [2012] NZHRRT 17 [pdf, 80 KB]

   ...Commission [2008] NZHRRT 8 and NG v Commissioner of Police [2010] NZHRRT 16, the opening submissions of Ms Russell were received in open hearing. So too was the evidence of Ms Rendall, a legal adviser employed by the New Zealand Police, in that her affidavit sworn on 18 October 2011 was read and received in open hearing. However, once the hearing reached the point where it was necessary for the Tribunal to see the withheld information itself the hearing was closed to all except for coun...

6. [2022] NZEnvC 005 Northlake Investments Limited v Queenstown Lakes District Council [pdf, 231 KB]

   ...Condition 11, particularly in the fact that it would require NIL to upgrade parts of a network beyond its control. [37] For QLDC, Ms Campbell submits that the appropriate point downstream is at a stormwater outlet shown in Attachment A (p 347) to the affidavit of Mr Wallace. She explains that QLDC owns the network to this point and, hence, could allow NIL access to it for any necessary upgrade purposes. 11 [38] Ms Campbell initially submitted that the entire network to this out...

7. [2024] NZEmpC 98 Crichton v Dig Tip Earthworks Ltd Anor [pdf, 257 KB]

   ...Relations Act 2000, ss 5 and 142Y(1)(b). 38 Schedule 3 cl 14: “any proceedings for the recovery of any money”. https://legislation.govt.nz/act/public/2000/0024/latest/link.aspx?id=DLM6943385#DLM6943385 35 Preparation of plaintiff’s affidavit 2 38 Preparation for hearing 2 39 Appearance at hearing 0.5 41 Memorandum seeking directions as to service (defendant’s refusal to engage in proceedings) 0.4 41 Memorandum informing Court of plaintiff’s app...

8. O v CAC 10028 & T [2011] NZREADT 15 [pdf, 184 KB]

   ...professional misconduct has been established”. (CIV 2005-409-002244, High Court, 21 February 2006, para 42). [50] Against the public interest must be taken into account the private interests of Mr O. These have been identified by his Counsel and in the affidavits he and his wife filed as the fear of shame to Mr O and Mrs O and her extended family if his name is published, damage to Mr O’s reputation, and to Mr and Mrs O’s general mental health. [51] The Tribunal considers tha...

9. XL v FJ [2021] NZDT 1618 (22 June 2021) [pdf, 127 KB]

   ...$200 filing fee for an appeal. You can only appeal outside of 20 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 determination...

10. Samuela v ACC (Weekly compensation) [2024] NZACC 70 [pdf, 185 KB]

    ...received from his employer during his period of incapacity and recalculated and agreed to pay backdated weekly compensation for the relevant period. [12] On 14 May 2023, Mr Martin Shelton, Senior Technical Lead for the Corporation, provided an affidavit in which he stated: 6. In my experience, the situation that arises in Mr Samuela’s case will only arise where: (a) ACC initially declines, or delays in approving/paying, weekly compensation for an injured employee, such tha...