Search Results

1. [2014] NZEmpC 213 Hixon v Campbell and Ors substantive [pdf, 264 KB]

   ...no formal step to defend them. That accounts for the delay in finalising the hearing of the case. [4] For the purpose of this judgment we assumed that the Labour Inspector would prove his allegations in the amended statement of claim and on the affidavit evidence filed, although this temporary assumption would not have precluded a later challenge to them by the defendants if the proceedings had survived. All references to events in the following narrative must be read accordingly....

2. The Trustees of the Tauwhao Te Ngare Trust v Shaw - Tauwhao Te Ngare Block and a preliminary decision of the Chief Judge at 2013 CJ 567 [2014] Māori Appellate Court MB 394 (2014 APPEAL 394) [pdf, 377 KB]

   ...are able to grant a licence of up to 14 years to Mr Shaw for access. Despite the disputes that have arisen over the last few years, they say that they are still willing to grant that licence. For example, William Gardiner says in para 82 of his affidavit: The Trust has never had a problem with granting Don Shaw and his family access over the Tauwhao block on an informal basis. As he himself has acknowledged, he and his family used the wharf and roadways on Rangiwaea without obstr...

3. [2024] NZEmpC 84 E Tū Inc v Singh [pdf, 378 KB]

   ...and no determination would be issued by him. [125] In May 2023 (so around two years after Mr Singh had filed his grievance) the matter was reheard by another Authority member. The rehearing took place on the papers already filed, additional affidavit evidence and updated legal submissions. The intervening period had also necessitated further legal cost, through communications with the Authority in respect of the delays which had occurred and the procedure for the rehearing (whic...

4. [2024] NZLVT 023 - YMCA North Inc v Auckland Council (1 May 2024) [pdf, 415 KB]

   ...determination are: (a) whether costs payable to YMCA under s 66 should be reduced by 20 percent as sought by the Council; and (b) whether costs payable to YMCA under s 90 should be reduced by 87.5% as 3 The application for costs was supported by an affidavit of Julian Richard Baldey, sworn 2 February 2024. 4 sought by the Council. These issues turn upon the application of the costs provisions of the Public Works Act, in particular section 90. YMCA application for costs...

5. AS v ZI LCRO 71/2012 (21 March 2014) [pdf, 188 KB]

   ...preceded Mr AS’s involvement in the matter, and were written at a time when another practitioner within the firm had been heavily involved on behalf of Mr ZI in negotiating with the Entities’ lawyers for almost 12 months. Mr AS refers to an affidavit from the other practitioner within the firm in which he deposed that:14 Neither [the Entities nor their lawyers] were showing any real interest in progressing matters, so amounts that remained outstanding to [the complainant] co...

6. Wikitera v Anderson - Rangitoto Tuhua 70B No 1B (2015) 106 Waikato Maniapoto MB 201 (106 WMN 201) [pdf, 235 KB]

   ...Supreme Court considered the approach taken by the Court of Appeal in its consideration of the word “finds”. The Court of Appeal had found that “finds” indicates that Parliament contemplated a judicial inquiry, which would normally involve affidavit evidence and legal submissions as to the consequences of uncontested facts. The Supreme Court rejected that approach and found that the word “finds” is just another word for “holds”. 14 [51] I adopt the Supreme Court�...

7. Technical report of Parenting Hearings programme pilot [pdf, 1 MB]

   ...timeframe that is appropriate for the parents • Providing a timeframe that is appropriate for the child(ren) • Appropriately limiting cross examination • Encouraging the participation of children • Appropriately limiting the information in the affidavits • Resulting in long lasting solutions without the parties coming back to court • Resulting in fair and appropriate outcomes • Ensuring that specialist psychological reports are requested when appropriate • Ensuring that...

8. Boon v Tuwhangai - Kawhia U2B Block [2020] Chief Judges MB 1084 (2020 CJ 1084) [pdf, 309 KB]

   ...the s 307/53 application came before the Court and it was noted that s 215/53 precluded the Court from dealing with an application for alienation by transfer where there are more than ten owners in the block. The vendor was directed to file an affidavit addressing the question of consideration. 10. The meeting of owners was held on 6 December 1991 and the proposed resolution was agreed to with an amendment noting that MM Moke held the shares as a beneficial owner. 11. At 106 O...

9. [2019] NZEnvC 115 Gibbston Vines Limited v Queenstown Lakes District Council [pdf, 17 MB]

   ...(on a soundly informed basis) that the lawful usage of those chemicals would not pose material health risks for either those applying the chemicals or those living in the vicinity of spraying operations. [104) We find Dr Jordan's rebuttal affidavit of particular help.67 He explains how the use of fungicides is controlled through NZS 8409:2004 Management of Agrichemicals ('NZS8804') which has status as an approved Code of Practice under ss 78 and 79 of the Hazardous Su...

10. [2006] NZEmpC AC 54/06 Yuan Cheng International Investment Group Ltd v Buer [pdf, 92 KB]

    ...because people genuinely remember that particular version of events. This is one of the rare cases where I have no doubt that the company’s version of events was an utter fabrication. Mr Huang did not bother to appear to give evidence or provide an affidavit. He was in China. [29] I too prefer Ms Buer’s account and reject that of Mr Lai for similar reasons. [30] Mr Keyte contended that Ms Buer’s evidence as to the terms of the contract was highly suspect because, when giving...