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1. Cutforth v Witana - Kohewhata 27C2A (2023) 259 Taitokerau MB 111 (259 TTK 111) [pdf, 364 KB]

   ...easement by majority ceased working at the Court before this was completed. [43] On 20 February 2023, Ms Evans filed an interlocutory application seeking an order declaring that she and Ms Dixon no longer represented Ms Witana. Ms Evans swore an affidavit in support stating that Ms Witana continued to address her in an offensive and confrontational manner and their working relationship had irretrievably broken down. She sought an order terminating the retainer with Ms Witana. [4...

2. Otago Standards Committee No. 1 v Zhao [2016] NZLCDT 22 [pdf, 115 KB]

   ...is an obligation on the judicial officer to sit.28 Issue 1 – Recusal, second ground [56] A further ground raised against the Chair is that she predetermined an "intimated stay application" (see para [10] of Mr Zhao's recusal affidavit dated 1 July 2016, and Ground 1 of the motion for recusal of the same date). The basis for the alleged predetermination is observations made by Judge Clarkson at para [18] of her decision,29 [57] At para [18] of the decision it is st...

3. [2016] NZEmpC 97 Banks v Hockey Manawatu Inc [pdf, 193 KB]

   ...the fact that when employed by HM it had a bank loan of $100,000; that the organisation was capable of obtaining a bank loan, if needed. He also said that there were other means by which funds could be obtained. [95] Mr Banks also produced an affidavit from a Chartered Accountant, Mr Allan Strawbridge. Mr Strawbridge critiqued Mr Law’s analysis; he observed that Mr Law appeared to have treated all other creditors as preferential to the sums owed to Mr Banks. He also said that...

4. [2021] NZEnvC 017 Director General of Conservation v Whangarei District Council [pdf, 5 MB]

   ...this has led to the urgent application before this Court. The matter was set down when no proceedings had actually been filed or any real information provided for the Court to understand what the issue was. [15] When we finally received the affidavits and background documentation these were unclear. The Court subsequently instructed that a list of issues was to be provided but that did not assist us greatly. It must be said that the early part of this hearing was dominated by...

5. [2013] NZEmpC 97 Transpacific Industries v Harris and Green [pdf, 238 KB]

   ...in ARC 37/12) was not represented at this hearing and has played a limited role in the litigation. He is no longer employed by the second defendant Smart Environmental Limited (SEL) or any other competitor of the plaintiff. Mr Green filed an affidavit in the proceedings and was called for cross-examination on it. [4] Clause 7.1 (identical in each of Messrs Green’s and Harris’s employment agreements) is as follows: 7. COVENANT NOT TO COMPETE 7.1 You acknowledge that the se...

6. Philpott v Zderich [2011] NZWHT Auckland 16 [pdf, 176 KB]

   ...they would continue working on the job but that they were told to continue with their work. Mr Gates also notes that the “contractor, the Council and the occupant” were informed of the unfinished flashings. Page | 13 b) In his affidavit of 17 November 2010, Mr Gates states that “for years afterwards David Ryan would use Highfield Way as an example of a job where things had gone wrong”. c) Ms Philpott gave evidence that she was told by Mr Ryan in 2000 that...

7. [2014] NZEmpC 206 Gapuzan v Pratt & Whitney Air New Zealand Services t/a Christchurch Engine Centre [pdf, 230 KB]

   ...Assignee helpfully filed a full memorandum setting out the conclusions the Official Assignee has reached as to Mr Gapuzan’s claims. Mr Gapuzan has filed a notice of opposition to the defendant’s application for strike out; it is supported by an affidavit. 4 The Authority had dismissed the plaintiff’s claim following an investigation meeting, Gapuzan v Pratt & Whitney Air New Zealand t/a Christchurch Engine Centre [2012] N...

8. [2010] NZEmpC 133 Mercer v Maori Television Service [pdf, 82 KB]

   ...that her arrival time with Mr Mercer was “after 9am, but well before 9.30am. Possibly after 9.10am but more in the quarter hour after 9am”. She actually thought it was somewhere between 9.08am and 9.12am. [33] Ms Lee-Harris’s affidavit evidence of the time of arrival conforms almost exactly with that of Ms Arago-Kemp although it is common ground that Ms Arago- Kemp did not make any written note of the conversation or obtain a written statement from Ms Lee-Harris...

9. Due North Trust v Gardner [2011] NZWHT Auckland 64 [pdf, 262 KB]

   ...bear it.12 This is not established. Liability of the Gardners [96] Neither Mr nor Mrs Gardner attended the hearing. They have not denied that they were the developers of 13 William St Takapuna. On the contrary, Mr Gardner stated in an affidavit that he was the builder and developer of the property. In a response dated 2 May 2011, Mrs Gardner denied any participation in building the house and denied any liability for its weathertightness problems. She did not however...

10. Chief Coroner 2017-18 Annual Report [pdf, 3 MB]

    ...potential legislative amendment) to ensure that in all applications for bail simpliciter involving serious offences and where a 24-hour curfew is proposed as a condition of bail, evidence is provided to the Court in a suitable format (e.g., affidavit from the owner/lawful occupant of the proposed bail address), which includes: a. Details of the proposed address; b. That the occupant of the proposed address is the owner or lawful occupier, and the occupant’s rel...