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1. 2022-02-25 Record of TC dated 24 February 2022 - PC1 - re Chapter 7 (Landfills) & scope issue [pdf, 175 KB]

   ...memorandum of counsel identifying any relief sought by Mr Cocks in his submission on PC1 that ORC contends is outside of scope of PC1 and not ‘on’ PC1 (including the reasons why ORC considers the relief is out of scope); as well as file any affidavits setting out the evidence basis for argument on the scope issues. Mr Cocks was then to file a memorandum advising the court and parties whether in light of the scope issue he intends to pursue his submission on PC1. [4] The appli...

2. [2014] NZEmpC 87 MacDonald v Whale Pumps Ltd t/a Denby Caterers [pdf, 54 KB]

   ...Authority AND IN THE MATTER of an application for leave to amend statement of claim BETWEEN SHIRLEY ANNE MACDONALD Plaintiff AND WHALE PUMPS LIMITED T/A DENBY CATERERS Defendant Hearing: On the memoranda, affidavits and submissions of the parties filed on 8 and 24 April and 20, 26 and 29 May 2014 Appearances: C Eckard, counsel for plaintiff C Rowe, advocate for defendant Judgment: 9 June 2014 INTERLOCUTORY JUDGME...

3. [2014] NZEmpC 190 South Pacific Ltd v Tian [pdf, 52 KB]

   ...plaintiff was to strictly comply with all orders and directions of the Court made in the course of the proceedings and that, in default, the plaintiff’s challenge was liable to be struck out.3 Timetabling directions were also made for the filing of affidavit evidence. The plaintiff did not comply, though later sought (and obtained) an extension of time.4 Compliance orders were subsequently made against the plaintiff in the Authority, 5 but were not satisfied. [4] The defe...

4. [2012] NZEmpC 54 Maritime Union of NZ Inc v Ports of Auckland [pdf, 109 KB]

   ...decision “to introduce competitive stevedoring at its Fergusson and Bledisloe Container Terminal operations” and that a further press release naming the third company that would be working with the defendant was expected shortly. [13] The affidavits filed in support of the interim injunction stated that the union has received no information as to the terms of the contracts between the defendant and the selected contractors. The affidavits also deposed that the union understan...

5. [2015] NZEmpC 163 Bay of Plenty DHB v Cliff [pdf, 74 KB]

   ...cross-challenge was not. It should have been filed within 28 days of the date on which the Authority’s determination was issued, namely by 9 July 2015. 4 [4] The extent of the delay is relevant to the grant of leave. It emerges from the affidavit filed in support of the application that the applicant was prepared to ‘live with’ the Authority’s determination, but decided against such a course when the respondent’s challenge was filed. That challenge is being pursued on...

6. [2023] NZEnvC 063 Chang v Auckland Council [pdf, 181 KB]

   ...wastewater discharge consent had expired on 31 December 2018 and compliance was required by 8 April 2023. [2] Ms Chang lodged an appeal against the notice on 29 March 2023 together with an application for a stay of the abatement notice and an affidavit of Mr Leigh Dooley in support of that application. In his affidavit Mr Dooley analyses Ms Chang’s disposal system comprehensively, indicating that it is an on-site system. Based on the reassessment of the sample testing results, he...

7. [2013] NZEmpC 123 Grocott t/a Fluffy's Roof Coatings v Parratt [pdf, 55 KB]

   ...significant preparation for hearing being done on behalf of the defendant before it became apparent that the plaintiff might not proceed. The defendant was also put to the trouble of preparing an application to strike out the proceeding with an affidavit and memorandum in support and, subsequently, an affidavit of service. [4] On behalf of the defendant, Ms Tucker seeks indemnity costs. She relies on regulation 68 of the Employment Court Regulations 2000 and suggests that useful g...

8. [2023] NZEmpC 149 Nasar v Expert IT Group Ltd [pdf, 155 KB]

   ...proceeding.1 [3] Mr Nasar has challenged the Authority’s determination on a de novo basis. [4] Mr Nasar was able to serve Expert IT on 16 January 2023 but was not able to serve Mr Sharif. Expert IT has not filed a statement of defence. [5] An affidavit has now been filed by a process server who advises that he served the documents on Expert IT at its registered office on Wednesday, 2 August 2023, delivering the documents to a person who identified themselves as the office mana...

9. [2017] NZEnvC 211 Russell Roads Ltd v Hastings District Council [pdf, 599 KB]

   ...of the truck movements to and from the site. [8] I have regarded the Council's memorandum as setting out the "worst case scenario". That scenario must be assessed on the basis that the comprehensive information provided by way of affidavits on behalf of RRL establishes that the activity in question has been undertaken by RRL on the Kereru Road property since about 1991. 3 It is being undertaken (inter alia) for river control and flood protection purposes on land o...

10. Auckland Standards Committee 5 v Blackman [2017] NZLCDT 11 [pdf, 35 KB]

    ...27 February 2017. Proof of service has been filed. 3 [7] Ms Blackman has not filed a response to the charge and did not participate in a subsequent teleconference held on 13 April 2017. [8] Proof of the charge has been provided by the affidavit of Sarah Elizabeth Te’o sworn on 11 January 2017. In that affidavit an email from Ms Blackman is attached as exhibit “ST8” in which she says “I am not sure what you want me to say, DL has covered everything in her complain...