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1. ABS Ltd v ZYL and ZYK [2013] NZDT 36 (15 March 2013) [pdf, 99 KB]

   ...property I oversee recently advised me that you approached him on the property that I oversee in 2005. [7] ZYL replied on 12 February 2008, confirming that two of his stock “…did go through an unsatisfactory boundary fence”. [8] In his affidavit of 20 August 2012, FG stated that: Approximately two months after ABS Ltd planting was damaged, MB advised me of the cattle damage incident that occurred and what conversation had occurred between ZYL and himself. [9] In his...

2. Hipango v Ngaurukehu - Ngaurukehu A10 Section 3(2024) 484 Aotea MB 88 (484 AOT 88) [pdf, 218 KB]

   ...$398,392.00.3 None of the parties questioned the standing of the Incorporation to raise this issue and because I am required to consider s 158 of the Act in any case, I do not need to address any standing issues. [5] After the JC I received: (a) An affidavit from Mr Hipango dated 29 February 2024; and (b) A memorandum of counsel from Mr Unsworth dated 8 April 2024. [6] I already had a memorandum from Mr Unsworth dated 30 January 2024 addressing the valuation issue and I heard fro...

3. Lairg v Canterbury LCRO 219 / 2009 (24 April 2010) [pdf, 81 KB]

   ...her partner’s ex wife in proceedings involving access arrangement for their children. These proceedings do not involve the Applicant directly, but could be considered to affect her indirectly insofar as the Applicant has been mentioned in a affidavit sworn by the ex wife. [4] The Applicant is of the belief that there is a campaign of harassment against her and that the Practitioner is part of this campaign. In her view the Practitioner is actively involved in creating trou...

4. [2022] NZEnvC 031 Thames-Coromandel District Council v Hopwood [pdf, 291 KB]

   ...COUNCIL (ENV-2021-AKL-150) Applicant R THOPWOOD Respondent Court: Judge MJL Dickey, sitting alone pursuant toss 279(1) and 309 of the Act Hearing: Last case event: Counsel: Date of Decision: Date of Issue: On the papers Affirmed affidavit of Rhys Forrest filed 10 March 2022 RT Hopwood for himself N Speir for Thames-Coromandel District Council 15 March 2022 15 March 2022 DETERMINATION OF THE ENVIRONMENT COURT A: Under ss 314(6) and 279(1)(6) of the Act, the appl...

5. CAC 10043 v Brooker [2011] NZREADT 24 [pdf, 91 KB]

   ...Agreement became unconditional. [2] At the end of June 2011 Mr Baird died. The counsel for the Complaints Assessment Committee told the Tribunal that he believed that his death was not expected and he died after a relatively short illness. No affidavit or completed brief of evidence had been prepared for Mr Baird. The CAC sought leave to admit as evidence three hearsay documents: (a) A letter of complaint from Mr Baird and Ms Grigg dated 19 April 2010; (b) An affidavit of S...

6. [2018] NZEnvC 066 Hamilton City Council [pdf, 20 MB]

   ...the proposal. Their opposition to the proposal relates not only to access, but to the other matters set out below. The proposal [3] The sections of the roads proposed to be stopped are shown on Survey Plan S0492393 (survey plan) attached to the affidavit of Ms Slatter as Exhibit C1 and included in Annexure 1 (b) of this decision.1 They bisect the inland port and it is intended that if the Council 's decision is confirmed , they will eventually be amalgamated with the adjacent...

7. [2017] NZEnvC 160 Auckland Council v Lau [pdf, 2.3 MB]

   ...pre-hearing processes, various directions were made by the Court requiring the Respondents to specify issues, file evidence and identify those witnesses who were required for cross-examination. None of the directions were complied with. Having read the affidavits provided by the Council in support of the application, I determined that I had no questions of any of the deponents who were not required to appear for cross-examination or questioning by the Court. Accordingly, this matter...

8. [2023] NZEmpC 92 New Zealand Nurses Organisation Inc v Te Whatu Ora – Health New Zealand [pdf, 331 KB]

   ...concerns an inadequate process for seeking and reviewing documents for disclosure purposes. NZNO and the PSA assert that their disclosure obligations have been properly discharged. The hearing of the challenge/application [7] The parties filed affidavits with regard to these contested points; they also filed submissions prior to the hearing; it was held on 3 May 2023, when counsel addressed their submissions in detail. [8] Following the hearing and in light of those submissions,...

9. Tana v Mahanga - Pukahakaha East 5B (2022) 254 Taitokerau MB 174 (254 TTK 174) [pdf, 310 KB]

   ...the lack of engagement by the Trust with other bodies, as those allegations were not matters for this Court to deal with. The Court indicated that if there are concerns about the operations of the Trust that could viably and realistically be 1 Affidavit of Taipari Munro, 1 June 2022. 2 252 TTK MB 156-173. 254 Taitokerau MB 177 made then those are matters that the Court can deal with and may be within its jurisdiction. Specifically, the Court would not hear issues involvin...

10. [2018] NZEnvC 225 Royal Forest and Bird Protection Society Incorporated v Canterbury Regional Council [pdf, 3.8 MB]

    ...that a declaration will issue to the effect of declaring the Advice Note invalid and unlawful. The Regional Council's supplementary submissions and evidence on Phosphorus [3) Together with its supplementary submissions, the Council adduced an affidavit of Dr Adrian Meredith, its Principal Surface Water Scientist and a supplementary affidavit of Mr Ian Whitehouse (a Council officer, whose evidence in support of the Council's case on the application is referred to in the Int...