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1. [2021] NZACC 52 - Thompson v ACC (17 March 2021) [pdf, 230 KB]

   ...The available documentation and the submission by various parties speak for themselves. [119] Dr Lim’s focus was on the issue of whether the appellant should be available for cross examination. Dr Lim suggested that the appellant prepare an affidavit or answer questions for which he had time to prepare written replies. [120] Ultimately, therefore, both Dr Smith and Dr Lim provide no appraisal of the surveillance footage. [121] However, Dr Anderson in an addendum to his rep...

2. [2019] NZEmpC 181 A Labour Inspector v New Zealand Fusion International Ltd [pdf, 299 KB]

   ...MacRury’s schedule. I am not satisfied that Ms Min Wang worked the hours originally claimed. I find that she worked four hours a day during the period her wrist was sore, as set out in Ms MacRury’s revised calculations, detailed in a further affidavit referred to on the last day of hearing. Issue one – Declarations of breach appropriate? No receipt of minimum entitlements [22] I understood Ms Guan, who appeared on behalf of the company and on her own behalf as second defe...

3. Proactive-release-Legal-Services-Amendment-Bill_FINAL.pdf [pdf, 1.8 MB]

   ...to have as much information they are currently receiving to inform an appropriate sentence. However, information relevant to section 27 may still be provided through other means, such as pre-sentence reports, specialist reports, support letters or affidavits from the offender’s family or friends, or defence counsel’s sentencing submissions. 15 The Government has committed to exploring wider reform of section 27 requirements. This will be undertaken as part of work on wider sentencing...

4. [2015] NZEmpC 94 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 262 KB]

   ...however: other convenience factors favour the defendant. There are, however, other significant factors going to the assessment of that balance. [92] If the circumstances of the second plaintiffs are typified by those several of them who have given affidavits (and I have no reason to doubt that they are), there are several grounds affecting the grant or absence of interim relief. The AFFCO works must be one of the major, if not the largest, employer in Te Puke and the surrounding...

5. BORA Criminal Record (Expungement of Convictions for Historical Homosexual Offences) Bill [pdf, 8.6 MB]

   ...specified aspects of, the decision: 8 Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Bill Part 2 cl 18 (b) information or further information (including written evidence given on oath or affirmation and by affidavit) that is or may be relevant to, or to specified aspects of, the decision. (3 ) A person (other than one specified in subsection (4)) commits an offence if the person, without reasonable excuse,— (a) fails to produce, or to allow...

6. LCRO 20/2017 AP v RE (20 December 2018) [pdf, 243 KB]

   ...with Ms Z’s lawyer to resolve the child support/notices of claim disputes. A sticking point was the timing of paying the child support on the one hand and discharging the notices of claim on the other hand. (g) Mr AP was insistent that an affidavit be prepared for the High Court outlining his concerns about Mr W. Mr RE advised strongly against this and said that it was inappropriate. To ensure no misunderstanding 7 Mr RE used a Mandarin speaking lawyer from his law fir...

7. [2019] NZEnvC 033 Liu v Auckland Council [pdf, 457 KB]

   ...not been pursued. Merits [77] The possible declaration composed by counsel for the Appellant does at least serve to encapSUlate the merits issue which the Appellant wishes to advance in this appeal. [78] In evidence, there are the following affidavits with numerous documentary exhibits from: Section 312 RMA, reg 28 and forms 41 and 42 Resource Management (Forms, Fees, and Procedure) Regulations 2003. 23 i) Di Guan, employee of the Appellant, sworn 29 August 2017 in support...

8. Matthews v Matthews - Estate of Graham Ngahina Matthews [2015] Māori Appellate Court MB 512 (2015 APPEAL 512) [pdf, 272 KB]

   ...discretion, Mr Watson submits: (a) The rationale for the transfer includes reference to a covenant said to exist between the late Graham Matthews and his mother. Mr Watson said that there is no documentary evidence of such a covenant. There is only an affidavit from Graham Matthews dated 20 February 2009 which at most 2015 Maori Appellate Court MB 523 establishes that the land was not to be fragmented and was to be held by him for life. It also refers to keeping the land to...

9. [2018] NZEnvC 009 Invercargill Airport Ltd v Invercargill City Council [pdf, 6.6 MB]

   ...two statements of evidence in support of the s 293 application . As the hearing is on the papers and the experts will not have the opportunity to either swear or affirm their evidence, it would have been preferable for the evidence to be filed as affidavits. However, I accept the evidence on the basis that the application is a joint one and that the court has the ability to rece ive anything in evidence that it considers appropriate to receive.7 Engineering evidence [15J Mr Robert...

10. [2007] NZEmpC AC 61/07 Fonterra Cooperative Group Ltd v van Heerden [pdf, 76 KB]

    ...brought by Fonterra relates only to the dispute. [4] Donna Ropata, who may be affected by the outcome of this dispute, was served with a copy of these proceedings and was joined as second defendant during the course of the hearing. She filed an affidavit, prepared with the assistance of Mr Pollak, counsel for Fonterra, who called her as a witness in support of Fonterra’s case. Ms Ropata is not a member of the DWU but has an individual employment agreement with Fonterra (the IE...