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1. B Ltd v JD [2024] NZDT 285 (7 March 2024) [pdf, 165 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 determina...

2. [2024] NZEnvC 244 Bowkett v Whangarei District Council [pdf, 295 KB]

   ...Bielby factors are substantively applicable for the following reasons: (a) arguments advanced without substance – the primary issue at the hearing related to the potential for the Court to exercise its discretion. Mr Bowkett outlined in his affidavit dated 27 February 2024, that the stone boxes were temporary, and signalled that he was willing to remove the boxes within 12 months, to find an alternative long-term solution, and file any necessary resource consents; (b) argument...

3. EU & SU v KC [2024] NZDT 615 (15 July 2024) [pdf, 128 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. LCRO 13/2023 DG v PS (26 February 2025) [pdf, 195 KB]

   ...as a result of Mr DG’s failure to pay his outstanding fees; and (o) Mr DG’s claims for compensation were inflated; and (p) Mr DG obstructed attempts to complete standard discovery; and (q) Mr DG deflected attempts to have him complete his affidavit; and (r) Mr DG’s direct involvement with his file was frequently counter-productive and hindered the advancement of his own case; and (s) the memorandum filed with the court seeking an adjournment, acknowledged counsel’s error in...

5. RN v Accident Compensation Corporation (Claims process – application for recall of judgment and reinstatement of appeal) [2025] NZACC 009 (21 January 2025) [pdf, 191 KB]

   ...reinstatement of the appeal. An application for reinstatement should be made as soon as possible after the appellant has learnt that the appeal has been struck out or dismissed. An application for reinstatement will be supported by a signed statement or affidavit and should address the following points: (a) that the appellant wishes the appeal to be reinstated; (b) an explanation of why the appellant was unable to comply with the Judge’s directions; dismissing or striking out...

6. [2024] NZLCDT 45 Auckland Standards Committee 1 v Jindal (24 December 2024) [pdf, 197 KB]

   ...Judge, I am very slow to call anyone a liar. That is, someone who has made a deliberate untruthful statement of fact. An honest witness can be mistaken. I found Mr [Y] in giving evidence did so in a clear and honest manner. He set out in his affidavit and in evidence before me that he had a specific recollection of this telephone call. He also has a specific recollection as to why it was important to talk to Mr Jindal before the meeting. That is that he was being asked to provide p...

7. CAC 2106 v Hu [2024] NZREADT 36 (23 September 2024) [pdf, 143 KB]

   ...than misconduct, ought not to displace this presumption. Mr Hu’s denial of liability, despite accepting he sent the infringing texts, precluded resolution of the proceeding at an earlier stage. Instead, the Committee was required to prepare affidavit evidence for a number of witnesses, including using translation and interpretation services. Extensive opening and closing submissions were prepared and the matter was heard over three and a half days. Ultimately, the Tribunal fou...

8. LCDT Annual Report 2024 [pdf, 477 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 Un...

9. [2025] NZREADT 12 - CAC 2204 v Cooper & Cooper Co Real Estate Ltd (30 April 2025) [pdf, 241 KB]

   ...Assessment Committee 1907 v Lindsay [2021] NZREADT 36 at [77]–[78]. 12 Citing Complaints Assessment Committee 2102 v He [2022] NZREADT 26 at [67]. 13 Real Estate Agents Act 2008, s 3(2)(c). 13 Accordingly, the Committee was required to prepare affidavit evidence as well as extensive opening and closing submissions. [57] Counsel for the licensees submit that costs should not be awarded. They reject the Committee’s assertion that their denial of liability necessitated a h...

10. [2021] NZEnvC 124 Upper Clutha Environmental Society Incorporated v Queenstown Lakes District Council [pdf, 1.7 MB]

    ...working days after the date of written notice), any affected landowners or any other person with an interest in the proposed mapping alteration, may provide to Council: (i) written comments on the proposed mapping alteration; and (ii) any supporting affidavit evidence. Council report c. within 15 working days after the date on which written comments are to be provided in accordance with (b), Council must file: (i) a report which summarises the feedback received (if any), and which provides...